Met police still failing on child protection policies, report finds – The Guardian

Posted November 24th, 2017 in child abuse, London, news, police, reports by sally

‘The Metropolitan police failed to adequately improve the way they followed child protection policies, despite repeatedly being told they were leaving children in danger, an official report found.’

Full Story

The Guardian, 24th November 2017

Source: www.theguardian.com

UK law ‘to recognise animal feelings’ – BBC News

Posted November 24th, 2017 in animal cruelty, animals, bills, brexit, EC law, news by sally

‘Ministers are considering how to amend UK law to recognise animal sentience after Brexit, Michael Gove says.’

Full Story

BBC News, 23rd November 2017

Source: www.bbc.co.uk

Regulator calls for better scrutiny of drug testing in family courts – The Guardian

Posted November 24th, 2017 in alcohol abuse, drug abuse, evidence, family courts, forensic science, news by sally

‘The government’s forensic regulator has called for fresh scrutiny of drug and alcohol testing carried out for the family courts, after a scandal at a Manchester laboratory raised doubts about the quality of evidence used in thousands of child custody proceedings.’

Full Story

The Guardian, 24th November 2017

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 23rd, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Patents Court)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Expert Shopping Considered Again – by Fiona Ross – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, expert witnesses, news, personal injuries by sally

‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’

Full Story

Park Square Barristers, 22nd November 2017

Source: www.parksquarebarristers.co.uk

The expansion of Vicarious Liability: Armes v Nottinghamshire County Council [2017] UKSC 60 – Park Square Barristers

Posted November 23rd, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’

Full Story

Park Square Barristers, 9th November 2017

Source: www.parksquarebarristers.co.uk

Pleadings & Fundamental Dishonesty – By Andrew Wilson – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, costs, fundamental dishonesty, news, pleadings by sally

‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’

Full Story

Park Square Barristers, 3rd November 2017

Source: www.parksquarebarristers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 23rd, 2017 in legislation by sally

The Digital Economy Act 2017 (Commencement No. 2) Regulations 2017

The Armed Forces Act 2016 (Commencement No. 1) Regulations 2017

The Non-Domestic Rating (Renewable Energy Projects) (Amendment) Regulations 2017

The Air Navigation (Amendment) Order 2017

The North Korea (United Nations Sanctions) (Amendment) (No. 2) Order 2017

The Marshall Scholarships Order 2017

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017

The Mali (Sanctions) (Overseas Territories) Order 2017

The Cultural Test (Television Programmes) (Amendment) Regulations 2017

The War Pensions Committees (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Duty to hold (or reopen a suspended Inquest) – by Judy Dawson – Park Square Barristers

Posted November 23rd, 2017 in criminal justice, homicide, inquests, news, trials by sally

‘Both the deceased and her daughter were under the care of the Oxford Health NHS Foundation Trust due to mental illness issues. There had been a series of incidences in which the daughter was found to have been violent or threatening to specifically her Mother and also to police officers and other carers which culminated in her being admitted to hospital pursuant to section 2 of the Mental Health Act 1983. She subsequently escaped and was then returned to hospital. A decision was made to move her to an open ward from which she absconded again and went missing, subsequently being discovered to be back at her Mother’s house. Concerns were raised between the hospital and the police about the welfare of her Mother in such circumstances and there appeared to be a dispute about the responsibility of the two authorities to act. After further concerns were raised by other family members about the disappearance of the Mother, police attended at the home and discovered the Mother’s body; her daughter was arrested in connection with her death.’

Full Story

Park Square Barristers, 2nd November 2017

Source: www.parksquarebarristers.co.uk

Data breach management: how not to do it – Technology Law Blog

Posted November 23rd, 2017 in computer crime, data protection, disclosure, news by sally

‘The theft of personal data by malicious employees or third parties does not have to be a disaster. With appropriate PR and legal advice, and proactive engagement and input from senior management, an organisation can minimise the negative consequences and may even be able to strengthen client relationships. The key is transparency – you to need to own the breach, and demonstrate a proactive, strong response.’

Full Story

Technology Law Blog, 23rd November 2017

Source: www.technology-law-blog.co.uk

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

Full Story

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

Full Story

The 36 Group, 23rd October 2017

Source: 36group.co.uk

The FA v Cellino – Behind the headlines – Blackstone Chambers

Posted November 23rd, 2017 in agency, fines, news, regulations, sport by sally

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

Full Story

Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Michalak v General Medical Council – Blackstone Chambers

‘The Supreme Court has decided that a doctor is not prevented from suing the GMC in the Employment Tribunal (“ET”) under the Equality Act 2010 (“2010 Act”) by the availability of judicial review.’

Full Story

Blackstone Chambers, 1st November 2017

Source: www.blackstonechambers.com

The Durand Academy Case and Regulatory Fairness – Blackstone Chambers

Posted November 23rd, 2017 in appeals, complaints, education, news, reports by sally

‘Durand Academy is a large school in Lambeth, serving a diverse community that has a high percentage of BAME families.’

Full Story

Blackstone Chambers, 17th November 2017

Source: www.blackstonechambers.com

Computer Imaging and Inspection for Misuse of Confidential Information: Cox V Spencer [2017] EWHC 2552 (QB) – Blackstone Chambers

Posted November 23rd, 2017 in computer programs, contracting out, costs, investigatory powers, news by sally

‘The High Court granted a computer imaging order permitting an independent IT expert to investigate the Defendant’s computer and external hard drive to see if they contained the Claimant’s confidential information.’

Full Story

Blackstone Chambers, 13th November 2017

Source: www.employeecompetition.com

A Case of Little Interest? The Supreme Court’s Judgment in Littlewoods – Blackstone Chambers

Posted November 23rd, 2017 in appeals, HM Revenue & Customs, interest, news, Supreme Court, time limits, VAT by sally

‘The Supreme Court (‘SC’) on 1 November 2017 handed down judgment in Littlewoods Ltd and others v. HMRC [2017] UKSC 70. In a judgment of Lords Reed and Hodge (with whom Lords Neuberger, Clarke and Carnwath) agreed, the SC has unanimously allowed HMRC’s appeal against the decisions below of both Henderson J and the Court of Appeal (Arden, Patten and Floyd LJJ). The headline grabbing outcome is that approximately £17 billion of compound interest does not have to be paid by the Revenue to taxpayers who overpaid VAT and made Fleming claims for recovery. But the SC’s reasoning is of much wider interest.’

Full Story

Blackstone Chambers, 2nd November 2017

Source: www.blackstonechambers.com

Privacy International v Investigatory Powers Tribunal – Blackstone Chambers

Posted November 23rd, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’

Full Story

Blackstone Chambers, 23rd November 2017

Source: www.blackstonechambers.com

UK government publishes post-Brexit customs legislation – OUT-LAW.com

Posted November 23rd, 2017 in bills, customs and excise, news, sale of goods, taxation, VAT by sally

‘Legislation that will underpin the UK’s standalone post-Brexit customs regime has been published by the government.’

Full Story

OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

The limits of protest and free speech – Legal Action

Posted November 23rd, 2017 in abortion, demonstrations, freedom of expression, harassment, news, public order by sally

‘Steve Hynes discusses the controversy surrounding anti-abortion protests outside an abortion clinic in west London and its possible implications for human rights law.’

Full Story

Legal Action, November 2017

Source: www.lag.org.uk