A new financial court for the super wealthy? – Transparency Project

Posted December 11th, 2017 in courts, divorce, financial dispute resolution, judges, news by sally

‘The Times and The Telegraph are reporting that new courts are being established to deal with the financial side of divorces for the wealthy.’

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Transparency Project, 8th December 2017

Source: www.transparencyproject.org.uk

Undercover police officers: how far does their legal liability go? – UK Human Rights Blog

‘The High Court has refused an application to strike out a claim in negligence and misfeasance in public office taken by someone born as a result of a liaison between an activist in the animal liberation movement and a man who subsequently turned out to be an undercover police officer.’

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UK Human Rights Blog, 8th December 2017

Source: ukhumanrightsblog.com

Do We Even Need Human Rights Anymore? – Rights Info

Posted December 11th, 2017 in documents, human rights, international law, news, United Nations by sally

‘Today [10 December] is International Human Rights Day, in recognition of the 10 December 1948, when the United Nations General Assembly adopted the Universal Declaration of Human Rights.’

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Rights Info, 10th December 2017

Source: rightsinfo.org

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

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UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org

Uber begins appeal against London license ban – The Independent

Posted December 11th, 2017 in appeals, licensing, London, news, taxis by sally

‘Uber will defend its right to operate in London in a court hearing on Monday after the app was deemed unfit to run a taxi service and stripped of its licence in its most important European market.’

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The Independent, 11th December 2017

Source: www.independent.co.uk

Evidence of children and vulnerable witnesses: Part 1 – Family Law

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

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Family Law, 8th December 2017

Source: www.familylaw.co.uk

Stephen Hawking joins lawsuit aimed at foiling Hunt’s NHS shake-up – The Guardian

Posted December 11th, 2017 in budgets, health, judicial review, news by sally

‘Stephen Hawking has reignited his public dispute with Jeremy Hunt by joining a legal action aimed at scuppering an NHS shake-up that he fears will lead to greater privatisation and rationing of resources.’

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The Guardian, 8th December 2017

Source: www.theguardian.com

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

Jail for cleaning fluid attack robbers – BBC News

Posted December 11th, 2017 in grievous bodily harm, hazardous substances, imprisonment, news, robbery, sentencing by sally

‘Two robbers who laughed after spraying women in their faces with cleaning fluid have been jailed for 10 years.’

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BBC News, 8th December 2017

Source: www.bbc.co.uk

Terry Adams pays back £750,000 from proceeds of crime – Daily Telegraph

‘One of London’s most notorious former crime bosses has paid back almost three quarters of a million pounds in ill gotten gains, after being warned he would go back to prison if he failed to pay.’

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Daily Telegraph, 8th December 2017

Source: www.telegraph.co.uk

‘Shocking’ toll of women killed by men renews call for safe spaces – The Guardian

Posted December 11th, 2017 in domestic violence, murder, news, statistics, women by sally

‘Of the 113 women killed by men in England, Wales and Northern Ireland last year, 85 died in their homes, according to the Femicide Census, an annual analysis by the charity Women’s Aid.’

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The Guardian, 10th December 2017

Source: www.theguardian.com

Megan Bannister: Friend calls for ‘duty to help’ law – BBC News

Posted December 11th, 2017 in drug abuse, duty of care, homicide, legislation, medical treatment, news by sally

‘The best friend of a teenager who died after taking drugs has called for a law to oblige people to seek help for someone they know is dangerously ill.’

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BBC News, 11th December 2017

Source: www.bbc.co.uk

More than 30 child protection departments in special measures – The Guardian

Posted December 11th, 2017 in budgets, children, local government, news, social services by sally

‘The children’s services departments of more than 30 councils in England are in special measures, an Observer analysis has revealed.’

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The Guardian, 10th December 2017

Source: www.theguardian.com

Timeshare Contracts & Consumer Regulation – A Brief Introduction by David Partington – Park Square Barristers

Posted December 8th, 2017 in consumer protection, contracts, news, time sharing, unfair contract terms by sally

‘In this article I shall introduce the basics of deploying consumer law to timeshare contracts. Before I do that, I need to recap or explain two matters. One is the central “mischief” of timeshare contracts. The second is the mechanics of such contracts.’

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Park Square Barristers, 29th November 2017

Source: www.parksquarebarristers.co.uk

Royal Mail Ltd v Jhuti – Old Square Chambers

‘This recent judgment of the Court of Appeal resolved two important questions:

1. Where a line manager, who is not involved in the investigatory or disciplinary process, has tainted the evidence supplied to a person deciding whether an employee should be dismissed, and that decision-maker is innocent of any discriminatory motivation, whose knowledge or state of mind is to be attributed to the employer for the purpose of s.103A of the Employment Rights Act 1996 (ERA 1996)?
2. Can an employee recover damages for dismissal consequent on detriment in the whistleblowing context?

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Old Square Chambers, 6th December 2017

Source: www.oldsquare.co.uk

Galilee Commissioner of Police for the Metropolis – Old Square Chambers

‘Is the ET required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’? Not necessarily, according to the judgment of the EAT in Galilee v Commissioner of Police for the Metropolis.’

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Old Square Chambers, 30th November 2017

Source: www.oldsquare.co.uk

Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 – Hailsham Chambers

Posted December 8th, 2017 in assignment, costs, fees, news, solicitors by sally

‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’

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Hailsham Chambers, 7th December 2017

Source: www.hailshamschambers.com

Tiuta International Limited (in liquidation) v De Villiers Surveyor s Limited [2017] UKSC 77 – Hailsham Chambers

Posted December 8th, 2017 in loans, negligence, news, Supreme Court, valuation by sally

‘The decision in Tiuta continues the series of recent Supreme Court decisions that make for essential reading among professional liability practitioners.’

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Hailsham Chambers, 29th November 2017

Source: www.hailshamchambers.com

Retained Worker Status: When Does an EEA Student Remain a Worker for the Purposes of the EEA Regulations? – Drystone Chambers

Posted December 8th, 2017 in civil partnerships, EC law, education, immigration, news by sally

‘I was recently instructed by Sterling & Law LLP in an EEA appeal against the refusal of permanent residence. The Appellant was a non-EEA national in a civil partnership with her wife, an EEA national. The Appellant sought to establish that she was entitled to permanent residence having lived in the UK in accordance with the EEA Regulations for five years.’

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Drystone Chambers, 1st December 2017

Source: drystone.com

Reinforcing the Veil – Defending Cases Where the Corporate Veil is Threatened – Drystone Chambers

Posted December 8th, 2017 in company directors, company law, confiscation, corporate veil, news, Supreme Court by sally

‘“The corporate veil” is a much discussed, but much misunderstood phrase. When Lord Halsbury LC stated in Salomon v A Salomon and Co Ltd [1897] AC 22 that a limited liability company was to be viewed ‘like any other independent person with its rights and liabilities appropriate to itself’ he imbedded in law the idea of corporations having a separate legal identity from their directors. That principle is agreed. What has been in dispute, and is still uncertain to a degree, is when that separation can be made. ‘

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Drystone Chambers, 4th December 2017

Source: drystone.com