Fraud may justify ‘collateral use’ of documents in multiple sets of civil proceedings, court rules – OUT-LAW.com

‘The “strong public interest” in pursuing claims for fraud, bribery and corruption may justify allowing the use of documents obtained in one set of legal proceedings in a different set of proceedings, the High Court has ruled.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

Judicial review appeal fails in UK diverted profits tax case – OUT-LAW.com

‘Oil and gas distributing company Glencore Energy’s application for judicial review of the issue of a diverted profits tax (DPT) charging notice by HM Revenue and Customs (HMRC) has been rejected for a second time.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

Serious Fraud Office zeros in on large-scale fraud as prosecutions for other offences fall – The Independent

‘As the Serious Fraud Office (SFO) increasingly focuses on large-scale frauds, the overall number of fraud prosecutions in the UK is falling, new figures show.’

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The Independent, 5th November 2017

Source: www.independent.co.uk

Non-custodial sentencing falls sharply in England and Wales – The Guardian

‘Use of non-custodial sentences in England and Wales has fallen sharply but risen significantly in Scotland, according to a report highlighting their effectiveness in preventing re-offending. The comparative study by the Centre for Justice Innovation reveals that over the past decade there has been a 24% decrease in the number of community sentences imposed in England and Wales compared with an 18% increase in Scotland.’

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The Guardian, 3rd November 2017

Source: www.theguardian.com

Police investigate 17 child sexting cases a day – BBC news

‘Police investigations into children sharing sexual images of themselves and others have more than doubled in two years, figures have shown.’

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BBC News, 6th November 2017

Source: www.bbc.co.uk

Court of Appeal confirms meaning of section 111 of Construction Act 1996 – Practical Law: Construction Blog

Posted November 3rd, 2017 in construction industry, contracts, news by sally

‘In Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735, the Court of Appeal has confirmed that section 111 of the Construction Act 1996 (and the requirement to serve pay less notices) applies to payments due following completion or termination of a contract, as well as interim payments.’

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Practical Law: Construction Blog, 2nd November 2017

Source: constructionblog.practicallaw.com

Healthcare provider fined over internal occupational health service failures – OUT-LAW.com

Posted November 3rd, 2017 in fines, hazardous substances, health & safety, hospitals, news by sally

‘A Bedford-based private healthcare provider has been fined after it failed to act on concerns raised about the running of its internal occupational health service.’

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OUT-LAW.com, 2nd November 2017

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 3rd, 2017 in legislation by sally

The Communications Act 2003 (Commencement No. 5) Order 2017

The National Health Service (Primary Dental Services and General Ophthalmic Services) (Amendment) Regulations 2017

The Technical and Further Education Act 2017 (Commencement No. 2 and Transitional Provision) Regulations 2017

The Electricity Capacity (Amendment) Regulations 2017

The Electricity Supplier Obligations (Amendment and Excluded Electricity) (Amendment) Regulations 2017

The Environmental Offences (Fixed Penalties) (England) Regulations 2017

The General Medical Council (Miscellaneous Amendments) Order of Council 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 3rd, 2017 in law reports by sally

Court of Appeal (Civil Division)

Glencore Energy UK Ltd, R (On the Application Of) v Revenue And Customs [2017] EWCA Civ 1716 (02 November 2017)

Cheema v Jones & Ors [2017] EWCA Civ 1706 (02 November 2017)

Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735 (02 November 2017)

Sino Channel Asia Ltd v Dana Shipping & Trading PTE Singapore & Anor [2017] EWCA Civ 1703 (02 November 2017)

High Court (Administrative Court)

Zarmaev v The Government of the Russian Federation [2017] EWHC 2705 (Admin) (02 November 2017)

Help Refugees Ltd, R (on the application of) v The Secretary of State for the Home Department & Anor [2017] EWHC 2727 (Admin) (02 November 2017)

High Court (Chancery Division)

Knightsbridge Property Development Corporation (UK) Ltd v South Chelsea Properties Ltd & Anor [2017] EWHC 2730 (Ch) (02 November 2017)

Christodoulides v Marcou [2017] EWHC 2691 (Ch) (01 November 2017)

High Court (Family Division)

ES v OS [2017] EWHC 2735 (Fam) (31 October 2017)

Source: www.bailii.org

High Court judge rejects appeal by council over dismissal of possession claim – Local Government Lawyer

Posted November 3rd, 2017 in appeals, news, repossession by sally

‘An appeal by the London Borough of Southwark in a possession case has been dismissed as being based on a disagreement about the facts found by the original judge.’

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Local Government Lawyer, 1st November 2017

Source: localgovernmentlawyer.co.uk

Council loses appeal over after-care services and personal injury damages – Local Government Lawyer

Posted November 3rd, 2017 in appeals, community care, local government, mental health, news by sally

‘Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires “after-care services” is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.’

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Local Government Lawyer, 3rd November 2017

Source: localgovernmentlawyer.co.uk

First Courts & Tribunals Service Centres launched – Ministry of Justice

Posted November 3rd, 2017 in courts, electronic filing, press releases by sally

‘The country’s first Courts & Tribunals Service Centres will be launched in Birmingham and Stoke-on-Trent.’

Full press release

Ministry of Justice, 2nd November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Secretary of State’s oral statement on sentencing – Ministry of Justice

Posted November 3rd, 2017 in elections, imprisonment, parliament, press releases, sentencing by sally

‘Rt Hon David Lidington MP, the Lord Chancellor and Secretary of State for Justice, has today delivered an Oral Statement to the House of Commons.’

Full press statement

Ministry of Justice, 2nd November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Judiciary signals major culture and rule change to control disclosure – Litigation Futures

Posted November 3rd, 2017 in civil procedure rules, disclosure, news, pilot schemes by sally

‘A “wholesale cultural change” in the approach to disclosure in the Business and Property Courts is needed, a judiciary-led working group has said, which will be brought about by a completely new rule and guidelines applying to the majority of cases.’

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Litigation Futures, 2nd November 2017

Source: www.litigationfutures.com

Court allows defendant to ditch settlement reached three days before discount rate change – Litigation Futures

‘The High Court has upheld the right of a defendant in a personal injury claim to resile from a settlement agreement made three days before the discount rate was cut earlier this year.’

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Litigation Futures, 3rd November 2017

Source: www.litigationfutures.com

Technology will put one in five legal jobs at risk, Law Society predicts – Legal Futures

Posted November 3rd, 2017 in artificial intelligence, law firms, legal services, news by sally

‘Legal jobs are already being lost to technology, with the figure climbing to tens of thousands over the next two decades as automation and the use of artificial intelligence (AI) take hold, according to the Law Society.’

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Legal Futures, 3rd November 2017

Source: www.legalfutures.co.uk

Covert recordings in family proceedings (Re B (A Child)) – Family Law

Posted November 3rd, 2017 in evidence, family courts, judgments, news by sally

‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’

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Family Law, 1st November 2017

Source: www.familylaw.co.uk

Videos: High Court judges talk about their work – Courts and Tribunals Judiciary

Posted November 3rd, 2017 in judges, news, video recordings by sally

‘For those thinking of applying to the High Court we asked serving High Court judges and a former High Court judge why they applied, what their preconceptions were and what their experience has been.’

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Courts and Tribunals Judiciary, 2nd November 2017

Source: www.judiciary.gov.uk

Interim statute bills must contain disbursements, court rules – Law Society’s Gazette

Posted November 3rd, 2017 in accounts, news, solicitors by sally

‘The High Court has served notice to solicitors to submit complete invoices after it backed a ruling that a statute bill served by a law firm should contain details of disbursements.’

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Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Peers warn of low morale in judiciary and call for greater diversity – The Guardian

Posted November 3rd, 2017 in diversity, judiciary, news, pensions, remuneration, select committees by sally

‘The dilapidated state of some courts, a shortage of support staff and heavy administrative burdens are depressing the judiciary’s morale, a parliamentary report has warned.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com