Tribunal rejects call for disclosure of legal advice on amusement park project – Local Government Lawyer

Posted November 23rd, 2017 in compulsory purchase, disclosure, local government, news, privilege, tribunals by sally

‘An attempt by a former councillor to have Thanet District Council disclose legal advice obtained from law firm Trowers & Hamlins in relation to the operator chosen for the Dreamland Amusement Park has failed.’

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Local Government Lawyer, 22nd November 2017

Source: www.localgovernmentlawyer.co.uk

Making the most of Cost Budgeting – Hardwicke Chambers

Posted November 23rd, 2017 in budgets, costs, news by sally

‘Love it or loathe it (for most it is the latter), cost budgeting is here for the foreseeable future. It can be a time consuming and tiresome exercise. But unless lawyers roll up their sleeves and get stuck in they risk significantly disadvantaging their clients and opening themselves up to negligence claims. On the other hand, forethought and preparation can reap tactical and financial benefits. What follows is an outline of the budgeting process and some suggested methods of making the most of it.’

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Hardwicke Chambers, 20th November 2017

Source: www.hardwicke.co.uk

Continuation of Life-Sustaining Treatment not in Mrs P’s Best Interests – ASCERTAINING WHAT THE PATIENT WOULD HAVE WANTED – Garden Court Chambers

Posted November 23rd, 2017 in elderly, hospitals, medical treatment, news by sally

‘The Trust applied for a declaration that it was in Mrs P’s best interests to receive clinically assisted nutrition and hydration (CANH) by way of a gastric feeding tube. Following a fall, Mrs P, aged 72 years, went to hospital without telling her family. Her condition deteriorated and she fell into a minimally conscious state. A dispute arose as to whether CANH should be continued between her sisters who wanted treatment to be maintained and her partner and daughters who did not.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

ASA puts onus on law firms to stop using Law Society’s “misleading” CQS claim – Legal Futures

Posted November 23rd, 2017 in advertising, law firms, Law Society, misrepresentation, news, quality assurance by sally

‘All of the 3,000 law firms accredited under the Law Society’s Conveyancing Quality Scheme (CQS) need to ensure they are not using in their own marketing the society’s description of the scheme that was yesterday ruled to be misleading, it has emerged.’

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Legal Futures, 23rd November 2017

Source: www.legalfutures.co.uk

When tax advice strays from planning to avoidance and evasion – Hardwicke Chambers

Posted November 23rd, 2017 in financial advice, news, tax avoidance, tax evasion by sally

‘With the tax affairs of so many VIPs once more in the headlines, Andrew Reid and James Hall consider what claims can be brought against the original advisers and what might be done to avoid that happening.’

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Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Uber’s data breach handling provides lessons for others ahead of GDPR, says expert – OUT-LAW.com

Posted November 23rd, 2017 in data protection, EC law, news, regulations by sally

‘Businesses can learn lessons from the way that Uber handled a major data breach that hit the company last year, a data protection law expert has said.’

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OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

Parachute trial judge warns jurors about bullying – The Guardian

Posted November 23rd, 2017 in bullying, juries, news by sally

‘The judge in the trial of an army sergeant accused of attempting to murder his wife by tampering with her parachute has told the jury to ensure there is no bullying between them, as he discharged two members on the grounds of ill health.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

Court of Appeal Overturns Birmingham CC v D: 16-17 Year Olds Who Lack Capacity Not Deprived of Their Liberty Within Art 5 Where Parents Consent to Their Confinement – Garden Court Chambers

‘This is the appeal from the decision of Keehan J in Birmingham CC v D [2016] EWCOP 8.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

‘I asked to go to jail, rather than stay homeless’ – BBC News

Posted November 23rd, 2017 in homelessness, imprisonment, news by sally

‘Banned from begging and sleeping in shop doorways in Middlesbrough, Bradley Grimes asked the judge in court to send him to prison rather than leave him homeless. What effect did it have?’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

“Places of Safety” Under the Mental Health Act 1983 – New Regulations – Garden Court Chambers

Posted November 23rd, 2017 in detention, mental health, news, police, regulations by sally

‘Changes to the powers under ss 135 and 136 of the Mental Health Act 1983 are being brought in by ss 80 – 83 of the Policing and Crime Act 2017 with effect from 11 December 2017. New regulations (Mental Health Act 1983 (Places of Safety) Regulations 2017/1036) were published on 31 October 2017, also due to come into effect on 11 December 2017.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

James Bulger’s killer returned to prison after probation officers ‘find child abuse images’ – Daily Telegraph

‘The killer of toddler James Bulger has reportedly been returned to prison after he was caught with child abuse images on his computer for the second time.’

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Daily Telegraph, 23rd November 2017

Source: www.telegraph.co.uk

British law must recognise Muslim marriage ceremonies – The Guardian

Posted November 23rd, 2017 in human rights, marriage, news, religious discrimination, women by sally

‘If the UK could do it for Quakers 250 years ago, is it too much to ask parliament to consider the needs of newer faith communities?’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

New Push to Make ‘Hillsborough Law’ a Reality – RightsInfo

‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’

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RightsInfo, 22md November 2017

Source: rightsinfo.org

Manchester attack: Pre-inquest hearings delayed to 2018 – BBC News

Posted November 23rd, 2017 in delay, inquests, news, terrorism by sally

‘A pre-inquest review hearing into the deaths of the Manchester Arena attack victims has been delayed until 2018.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

Security for costs: ATE policies – Hardwicke Chambers

Posted November 22nd, 2017 in civil procedure rules, costs, insolvency, insurance, judgments, news by sally

‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Contributory negligence and construction contracts – Hardwicke Chambers

‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’

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Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Importation of Child Sex Dolls – A Need for Guidance? – Drystone Chambers

‘In recent months, there have been a number of prosecutions under the Customs and Excise Management Act 1979 (CEMA); an Act drafted in the latter part of the last century and covering the physical importation of “prohibited items” into the UK and the evasion of duties more generally. At the time, the Act caught those seeking to import pornographic videos and magazines.’

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Drystone Chambers, 26th October 2017

Source: drystone.com