The Problem of Iago: Bringing or Defending a Tainted Information Whistleblowing Claim Part 2 – Littleton Chambers

Posted November 24th, 2017 in disciplinary procedures, employment, news, whistleblowers by sally

‘In his last blog post, The Problem of Iago: Whistleblowing and tained information, Benjamin Gray considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants and respondents in ‘tainted information’, or ‘Iago’, cases, where employers are manipulated into dismissing employees by their co-workers.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

Excessive service charges and what to do about them – 4 KBW

Posted November 24th, 2017 in news, service charges by sally

‘Service charges are fees that homeowners often commit to pay under the terms of the lease they enter into when they purchase their homes.[1] They are increasingly common in share-of-freehold properties, and commonly include the costs of insurance, lighting, maintenance, cleaning and the repair of common parts such as lifts and gyms, as well as fees for the purchase, sale, sublet or alteration of a flat. They can also effect the purchase of some freehold properties.’

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4 KBW, 14th November 2017

Source: www.4kbw.net

Cos Services Limited v Nicholson & Willans [2017] UKUT 382 (LC) – Tanfield Chambers

Posted November 24th, 2017 in insurance, landlord & tenant, news by sally

‘The Upper Tribunal gave guidance as to how an assessment of reasonableness of insurance premiums under s.19 of the Landlord and Tenant Act 1985 ought to be approached.’

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Tanfield Chambers, 1st November 2017

Source: www.tanfieldchambers.co.uk

Returning to the new Pre-Action Protocol for Construction and Engineering Disputes – Hardwicke Chambers

Posted November 24th, 2017 in construction industry, news, pre-action conduct by sally

‘Construction analysis: One year after the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) came into force, David Pliener looks at how it has been used in practice. He notes that while it has generally been well-received, the Protocol’s full impact has not been felt yet, and there are still areas where uptake has been slow. Nevertheless, over the past year, indications point to the overall success of the new regime.’

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Hardwicke Chambers, 3rd November 2017

Source: www.hardwicke.co.uk

Charlotte Davies on Recent Cases on Oral Contracts – Sailing to Victory via the Horse & Groom – Littleton Chambers

Posted November 24th, 2017 in contracts, evidence, news by sally

‘Charlotte Davies looks at two recent decisions of the Commercial Court that provide useful illustrations of the Court’s approach to cases involving alleged oral contracts and demonstrate some of the pitfalls in such claims.’

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Littleton Chambers, 8th November 2017

Source: www.littletonchambers.com

Regulator at odds with trainers over new rules for equine wind operations – The Guardian

Posted November 24th, 2017 in gambling, horse racing, horses, news by sally

‘The British Horseracing Authority brushed off an accusation of “poor regulation” from the National Trainers’ Federation on Wednesday over a new rule that requires trainers to declare wind operations on their horses, and it seems likely to irritate the NTF further by insisting trainers found guilty of a serious breach of the rule will risk the suspension of their licence.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 24th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Ayodele v Citylink Ltd & Anor [2017] EWCA Civ 1913 (24 November 2017)

High Court (Commercial Court)

First Names (Jersey) Ltd & Anor v IFG Group Plc [2017] EWHC 3014 (Comm) (24 November 2017)

Source: www.bailii.org

Council settles historic abuse claim with five-figure payout: report – Local Government Lawyer

Posted November 24th, 2017 in abuse of process, child abuse, compensation, news, sexual offences by sally

‘A local authority which initially defended a sexual abuse claim on the basis that it would be an abuse of process to make a second attempt at compensation, has agreed to make a five-figure payout to settle the claim, it has been reported.’

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Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: ATE that can be voided is not adequate replacement for security for costs – Litigation Futures

Posted November 24th, 2017 in costs, indemnities, insurance, news by sally

‘After-the-event insurance which can be voided does not constitute adequate security for costs, the Court of Appeal has ruled. Overturning the decision of Mr Justice Snowden, Lord Justice Longmore said the case raised “important questions of principle” because the original decision showed “there may be a tendency (I put it no higher) for judges at first instance to accept that an ATE policy can stand as security for costs.’

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Litigation Futures, 23rd November 2017

Source: www.litigationfutures.com

Goods Mortgages Bill ready to write off unfair law on logbook loans – Law Commission

Posted November 24th, 2017 in bills, consumer protection, loans, mortgages, press releases by sally

‘The Law Commission has today published a new draft Bill to put the brake on unfair rules on logbook loans and usher in a new era of better protection for consumers.’

Full press release

Law Commission, 24th November 2017

Source: www.lawcom.gov.uk/

How can the courts protect children from extremism? – Family Law

Posted November 24th, 2017 in care orders, children, families, guardianship, news, terrorism by sally

‘Complex cases involving the children of families in which there are adults suspected of undertaking activities linked to terrorism or of involvement in radicalisation are facing family judges up and down the country as child protection services grapple to deal with the immediate effects of extremism.’

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Family Law, 23rd November 2017

Source: www.familylaw.co.uk

Two convicted of Modern Slavery Act offences – Crown Prosecution Service

Posted November 24th, 2017 in child abuse, press releases, prosecutions, prostitution, trafficking in human beings by sally

‘Two people who arranged for underage girls to be trafficked for sexual exploitation have been convicted of offences under the Modern Slavery Act today (21 Nov).’

Full press release

Crown Prosecution Service, 21st November 2017

Source: www.cps.gov.uk

Court of Protection Rules 2017 – Courts and Tribunals Judiciary

Posted November 24th, 2017 in Court of Protection, press releases, regulations by sally

‘As of 1 December 2017, the Court of Protection Rules 2017 come into force. The Rules are now in the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules will also incorporate those rules relating to case management which have, since September 2016, been implemented by way of the Case Management Pilot. The Practice Directions supporting the 2007 Rules are replaced by the package of new Practice Directions supporting the 2017 Rules.’

Full press release

Courts and Tribunals Judiciary, 23rd November 2017

Source: www.judiciary.gov.uk

Sex offender who targeted children online has sentenced increased – Attorney General’s Office

Posted November 24th, 2017 in appeals, child abuse, internet, press releases, sentencing, sexual offences by sally

‘Sex offender, Paul Leighton, has had his sentence increased to 20 years in prison.’

Full press release

Attorney General’s Office, 23rd November 2017

Source: www.gov.uk/ago

Civil standard of proof set to be adopted for professional misconduct proceedings for barristers – Bar Standards Board

Posted November 24th, 2017 in barristers, disciplinary procedures, press releases, professional conduct, standard of proof by sally

‘Following a public consultation earlier this year, the Bar Standards Board (BSB) has decided to change the standard of proof applied when barristers, and others regulated by the BSB, face disciplinary proceedings for professional misconduct. Subject to approval from the Legal Services Board (LSB), the standard of proof will change from the criminal standard (“beyond reasonable doubt”) to the civil standard (“on the balance of probabilities”). The change will bring the Bar’s disciplinary arrangements in line with most other professions.’

Full press release

Bar Standards Board, 24th November 2017

Source: www.barstandsboard.org.uk

Sir Brian Leveson asked to advise ministers on second press inquiry – The Guardian

Posted November 24th, 2017 in consultations, government departments, inquiries, media, news by sally

‘Sir Brian Leveson has been asked to advise ministers on holding the second part of a public inquiry into the British press and is reviewing submissions made by newspapers on future regulation of the sector.’

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The Guardian, 23rd November 2017

Source: www.theguardian.com

Treasury replaces tax return fines with points-type system – The Guardian

Posted November 24th, 2017 in income tax, news, penalties, time limits by sally

‘The £100 immediate fine for filing a late tax return will be replaced by a driving licence-style points system. The change will come as part of a series of Treasury reforms which aim to concentrate on serious tax avoidance and not punish taxpayers who make simple errors.’

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The Guardian, 24th November 2017

Source: www.theguardian.com

Families buried wrong bodies after NHS mortuary mix-ups, study reveals – The Independent

Posted November 24th, 2017 in burials and cremation, hospitals, human tissue, mistake, news, reports by sally

‘Families have been given the wrong bodies to bury or cremate due to serious errors in hospital mortuaries, a study has revealed. Analysis of 132 serious mortuary incidents reported by the NHS between 2002 and 2013 found nine cases where the wrong body was released and had to be exhumed after burial or cremation.’

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The Independent, 24th November 2017

Source: www.independent.co.uk

‘Sadistic’ couple jailed for campaign of child abuse – BBC News

Posted November 24th, 2017 in child cruelty, news, sentencing by sally

‘A couple found guilty of the “physical, mental and emotional abuse” of two boys have been jailed. Lisa Pratt, 36, and Andrew Clent, 30, were both convicted of two counts of child cruelty in Witney between January 2010 and April 2015.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

Man abseiled into woman’s London home, beat her with crowbar, stabbed her and left her for dead – The Independent

Posted November 24th, 2017 in attempted murder, attempts, burglary, murder, news, sentencing by sally

‘A man abseiled into a woman’s London home, bludgeoned her with a crowbar and stabbed her before leaving her for dead. Fatmir Stafasani, 49, who has been jailed for 18 years for the “careful” and premeditated attack, was caught on CCTV leaving the Fulham flat while still clutching the crowbar.’

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The Independent, 23rd November 2017

Source: www.independent.co.uk