Appeal court orders proportionality test case revisit – Law Society’s Gazette

Posted November 8th, 2017 in appeals, civil procedure rules, costs, interpretation, judges, news, proportionality by sally

‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’

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Law Society's Gazette, 7th November 2017

Source: www.lawgazette.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Football agent guilty of killing man while texting behind wheel on M6 – The Guardian

Posted November 8th, 2017 in dangerous driving, homicide, news, sport, telecommunications by sally

‘A football agent has been convicted of killing a highways worker and paralysing another in a fatal crash as he texted players while speeding in bad weather.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

Ministry of Justice abandons court battle on prisoners’ legal aid – The Guardian

Posted November 8th, 2017 in appeals, legal aid, Ministry of Justice, news, prisons by sally

‘Legal aid for prisoners will be restored for three key categories of claims after the Ministry of Justice abruptly abandoned what was expected to become a supreme court battle.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

Whistleblowers deterred by fears over damaging career prospects, finds research – The Independent

Posted November 8th, 2017 in employment, news, professional conduct, reports, statistics, whistleblowers by sally

‘Nearly two-thirds of UK business managers would avoid whistleblowing at work for fear of damaging their career prospects, a new report has found.’

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The Independent, 8th November 2017

Source: www.independent.co.uk

Woman jailed for ‘HIV spit’ in Essex policeman’s mouth – BBC News

Posted November 8th, 2017 in assault, compensation, HIV, imprisonment, news, police, sentencing by sally

‘A woman has been jailed for spitting in a police officer’s mouth and telling him she was HIV positive.’

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BBC News, 7th November 2017

Source: www.bbc.co.uk

Man sentenced over £50m drugs haul find on Norfolk beach – BBC News

Posted November 8th, 2017 in drug offences, news, rehabilitation, sentencing, suspended sentences by sally

‘A man who helped himself to cocaine that had washed up on a beach has been given a two year suspended sentence.’

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BBC News, 7th November 2017

Source: www.bbc.co.uk

‘No coloureds’ landlord taken to court by UK equality watchdog – The Guardian

Posted November 8th, 2017 in equality, injunctions, landlord & tenant, news, race discrimination by sally

‘The UK equality watchdog is seeking an injuction against buy-to-let mogul Fergus Wilson after he told his letting agent to ban “coloured” tenants because they left curry smells in his properties.’

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The Guardian, 8th November 2017

Source: www.theguardian.com

Teacher who filmed up schoolgirls’ skirts will not face prosecution as judge rules it’s not illegal – The Independent

‘An assistant headteacher who used his mobile phone to film up schoolgirls’ skirts will not face prosecution after a judge ruled his actions were not illegal.’

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The Independent, 7th November 2017

Source: www.independent.co.uk

Child sex abuse victim receives apology after being refused compensation because he ‘consented’ – Daily Telegraph

Posted November 8th, 2017 in consent, criminal injuries compensation, news, sexual offences, victims by sally

‘A victim of child sex abuse denied compensation by a Government agency because it said he “consented” has now received an apology.’

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Daily Telegraph, 8th November 2017

Source: www.telegraph.co.uk

Hospital double death crash driver, 90, spared jail – BBC News

Posted November 8th, 2017 in dangerous driving, homicide, news, sentencing, suspended sentences by sally

‘A 90-year-old driver who killed a couple by reversing into them has been given a two-year suspended sentence.’

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BBC News, 7th November 2017

Source: www.bbc.co.uk

Mother who spread Isis propaganda on Facebook spared jail for terror offences due to children’s ‘suffering’ – The Independent

Posted November 8th, 2017 in internet, news, sentencing, suspended sentences, terrorism by sally

‘A woman convicted of terror offences for spreading Isis propaganda online has been spared jail by a judge who was moved by the “suffering” of her children.’

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The Independent, 7th November 2017

Source: www.independent.co.uk

Elsie Scully-Hicks: Dad jailed for life for murder – BBC News

Posted November 8th, 2017 in adoption, child abuse, imprisonment, murder, news, sentencing by sally

‘A man who murdered his 18-month-old daughter just two weeks after formally adopting her has been handed a life sentence.’

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BBC News, 7th November 2017

Source: www.bbc.co.uk

2011 amendments to Construction Act 1996 are under review – Practical Law: Construction Blog

Posted November 7th, 2017 in construction industry, consultations, news by sally

‘On 1 May 2018 it will be 20 years since the Construction Act 1996 came into force. I think it is fair to say that, despite initial reservations by some about its introduction, most people would agree that, overall, the statutory adjudication and payment provisions have been successful. That said, like any adolescent, its teenage years have been somewhat difficult, which is mainly down to the 2011 amendments (introduced by Part 8 of the LDEDC Act 2009) to both the Act and the Scheme for Construction Contracts 1998.

Therefore, I was delighted to receive an email from a friend a couple of weeks ago letting me know that the Department for Business, Energy & Industrial Strategy (BEIS) had published a consultation on the 2011 amendments. The consultation can be accessed here and you have until 19 January 2018 to submit your thoughts.

Not only that, but the government has also published a consultation on the practice of cash retention under construction contracts (with the same January deadline). Although it is a very relevant and worthwhile consultation, it is the consultation on the 2011 amendments that I want to focus on today.’

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Practical Law: Construction Blog, 7th November 2017

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted November 7th, 2017 in law reports by sally

Court of Appeal (Criminal Division)

Lewis & Anor, R v [2017] EWCA Crim 1734 (01 November 2017)

High Court (Administrative Court)

Gladman Developments Ltd v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2768 (Admin) (06 November 2017)

High Court (Chancery Division)

VB Football Assets v Blackpool Football Club & Ors [2017] EWHC 2767 (Ch) (06 November 2017)

Source: www.bailii.org

Online betting company pays out £2.3m over social responsibility failures – Local Government Lawyer

Posted November 7th, 2017 in fines, gambling, internet, news by sally

‘Betting operator Gala Interactive, part of Ladbrokes Coral, has agreed to pay £2.3m for breaching rules on social responsibility.’

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Local Government Lawyer, 7th November 2017

Source: localgovernmentlawyer.co.uk

An end to private hearing deals and unilateral emails to court: CPRC to strengthen open justice – Litigation Futures

Posted November 7th, 2017 in civil justice, civil procedure rules, consultations, news, private hearings by sally

‘A default position that all court hearings should be conducted in public, and parties and witnesses named, is under consideration by the Civil Procedure Rule Committee (CPRC) as part of a push to emphasise the importance of open justice, it has emerged.’

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Litigation Futures, 7th November 2017

Source: www.litigationfutures.com

The government response to the report from the House of Lords Select Committee on the Licensing Act 2003 – Home Office

Posted November 7th, 2017 in licensing, parliament, press releases, reports by sally

‘The government response to the report from the House of Lords Select Committee on the Licensing Act 2003: post-legislative scrutiny.’

Full press release

Home Office, 6th November 2017

Source: www.gov.uk/home-office

Covert recordings: what should family lawyers advise? – Family Law

Posted November 7th, 2017 in evidence, family courts, news, privacy by sally

‘Covert recording is no longer limited to the realms of spies and detectives. With advancements in technology anyone can takeout their phone and record without anyone else knowing. The technology (including spy ware) is readily available and relatively inexpensive so it’s inevitable that people will seek to use it. It is now the case that practitioners are frequently seeing covert recordings arise in the context of family proceedings which involve the recording of family members, children and professionals. This may be a result of what is perceived to be a growing mind set of distrust in the competency of the family justice system and professionals working within it or because individuals are simply hoping to bolster their case with the footage they have obtained.’

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Family Law, 6th November 2017

Source: www.familylaw.co.uk

New ethics and practice website launched for barristers – The Bar Council

‘A new website devoted entirely to helping barristers with ethical and practice queries has been launched by the Bar Council to support its members.’

Full press release

The Bar Council, 6th November 2017

Source: www.barcouncil.org.uk