GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com

Posted October 20th, 2017 in data protection, delay, EC law, news, notification by sally

‘Businesses that outsource the processing of personal data to other companies will be said to be aware of data breaches experienced by those processors as soon as the processors themselves recognise the breach, according to proposed new guidance.’

Full Story

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Employment tribunals missing targets and haemorrhaging judges – Law Society’s Gazette

Posted October 20th, 2017 in employment tribunals, fees, judiciary, news, repayment by sally

‘Employment tribunals are failing to hit basic targets and judges are departing without being replaced, users have revealed. Minutes of the National User Group Meeting on employment tribunals report that tribunals are falling short of targets for completing and disposing of claims.’

Full Story

Law Society's Gazette, 19th October 2017

Source: www.lawgazette.co.uk

Hundreds of families block organ donation – BBC News

Posted October 20th, 2017 in consent, families, human tissue, news by sally

‘Organs from 505 registered donors could not be made available for transplant in the last five years because of objections from relatives.’

Full Story

BBC News, 19th October 2016

Source: www.bbc.co.uk

Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures

Posted October 20th, 2017 in evidence, expert witnesses, judges, judiciary, legal profession, news by sally

‘A Supreme Court justice has called for judges and lawyers to improve their “scientific literacy” to ensure they did their job effectively in cases involving expert evidence.’

Full Story

Litigation Futures, 19th October 2017

Source: www.litigationfutures.com

Sherlock Holmes fraudster who used name of fictional detective is jailed – Daily Telegraph

Posted October 20th, 2017 in fraud, impersonation, news, sentencing by sally

‘As Sherlock Holmes once mused: “Crime is common. Logic is rare.”

Indeed, it seems fraudster Aaron Cowan was rather lacking in logic when he decided to pose as a police officer and use the name of a fictional detective from the famed Sir Arthur Conan Doyle series to commit his crimes.’

Full Story

Daily Telegraph, 19th October 2017

Source: www.telegraph.co.uk

Figures show rise in divorce for opposite-sex couples – Family Law

Posted October 20th, 2017 in divorce, news, statistics by sally

‘The number of opposite-sex couples divorcing in England and Wales increased by 5.8% in 2016, according to the latest statistical bulletin released today by the Office for National Statistics (ONS).’

Full Story

Family Law, 18th October 2017

Source: www.familylaw.co.uk

‘Absolutely unacceptable’: UK accused of failing to protect domestic workers – The Guardian

Posted October 20th, 2017 in employment, forced labour, news, trafficking in human beings, visas by sally

‘Campaigners have warned that thousands of foreign domestic workers remain enslaved behind the closed doors of some of Britain’s wealthiest neighbourhoods after the government failed to implement safeguards designed to protect them from abusive and exploitative employers.’

Full Story

The Guardian, 19th October 2017

Source: www.theguardian.com

Ignore the procurement dispute timetable at your peril – Practical Law: Construction Blog

‘The parties to procurement challenges are required to act quickly and in accordance with a strict timetable. When a losing bidder issues a claim, it must serve the claim form on the defendant within seven days after the date of issue. Pursuant to CPR 7.4(2), the particulars of claim are to be served no later than the latest time for serving the claim form. That is, they must also be served within seven days after the date of issue.’

Full Story

Practical Law: Construction Blog, 18th October 2017

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted October 19th, 2017 in law reports by sally

Supreme Court

Armes v Nottinghamshire County Council [2017] UKSC 60 (18 October 2017)

Reyes v Al-Malki & Anor [2017] UKSC 61 (18 October 2017)

Loughlin, Re Application for Judicial Review (Northern Ireland) [2017] UKSC 63 (18 October 2017)

Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62 (18 October 2017)

Court of Appeal (Civil Division)

B (A Child), Re [2017] EWCA Civ 1579 (18 October 2017)

Koza Ltd & Anor v Akcil & Ors [2017] EWCA Civ 1609 (18 October 2017)

PJSC Tatneft v Bogolyubov & Ors [2017] EWCA Civ 1581 (18 October 2017)

Doka v London Borough of Southwark [2017] EWCA Civ 1532 (17 October 2017)

R v R & Anor [2017] EWCA Civ 1588 (17 October 2017)

Routier & Anor v Revenue And Customs [2017] EWCA Civ 1584 (17 October 2017)

Court of Appeal (Criminal Division)

D Ltd v A & Ors [2017] EWCA Crim 1604 (18 October 2017)

High Court (Administrative Court)

Liban v Secretary of State for the Home Department [2017] EWHC 2551 (Admin) (18 October 2017)

Seabrook Warehousing Ltd, R (On the Application Of) v Revenue And Customs [2017] EWHC 2583 (Admin) (13 October 2017)

High Court (Queen’s Bench Division)

Parker Lloyd Capital Ltd v Edwardian Group Ltd [2017] EWHC 2421 (QB) (16 October 2017)

Huda v Wells & Ors [2017] EWHC 2553 (QB) (16 October 2017)

High Court (Technology and Construction Court)

Riva Properties Ltd & Ors v Foster + Partners Ltd [2017] EWHC 2574 (TCC) (18 October 2017)

Source: www.bailii.org

Expert Evidence: use, abuse and boundaries, Lord Hodge – Supreme Court

Posted October 19th, 2017 in expert witnesses, judges, speeches by sally

‘Middle Temple Guest Lecture Expert Evidence: use, abuse and boundaries,  Lord Hodge, Justice of The Supreme Court 9 October 2017.’

Full speech

Supreme Court, 12th October 2017

Source: www.supremecourt.uk

Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

Full Story

Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by sally

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

Full Story

Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Struck-off solicitor wins right to sue for loans made before intervention – Legal Futures

Posted October 19th, 2017 in disqualification, law firms, loans, news, solicitors by sally

‘A sole practitioner who was struck off six years ago has won the right to sue for loans he made before his East London firm was closed by the Solicitors Regulation Authority (SRA).’

Full Story

Legal Futures, 19th October 2017

Source: www.legalfutures.co.uk

Consultation launched on laws around antique firearms – Home Office

Posted October 19th, 2017 in consultations, firearms, press releases by sally

‘Public invited to give their views as new figures show the number of antique weapons recovered in criminal circumstances doubled between 2012 and 2016.’

Full press release

Home Office, 19th October 2017

Source: www.gov.uk/home-office

Is it too late to change your mind if you decided against applying for a parental order when your child was born? – Family Law

Posted October 19th, 2017 in news, parental responsibility, parental rights, surrogacy, time limits by sally

‘In the case of Re B (Foreign Surrogacy) [2016] EWFC 77, High Court judge Mrs Justice Theis made a parental order in respect of a child born following a surrogacy arrangement in India in 2010 – six years after the usual six month deadline, and notwithstanding that the parents had previously decided against applying.’

Full Story

Family Law, 18th October 2017

Source: www.familylaw.co.uk

Child killer gets longer life sentence – Attorney General’s Office

Posted October 19th, 2017 in appeals, murder, press releases, sentencing by sally

‘Marvyn Iheanacho who killed a 5 year old boy has had his sentence increased by 3 years after representation at the Court of Appeal by the Solicitor General.’

Full press release

Attorney General’s Office, 17th October 2017

Source: www.gov.uk/ago

Appeal court throws out libel claim over CPS press release – Law Society’s Gazette

‘Lay readers understand the special meaning of words used by lawyers, the Court of Appeal has said, dismissing a libel claim over a Crown Prosecution Service press release.’

Full Story

Law Society's Gazette, 18th October 2017

Source: www.lawgazette.co.uk

Known Sperm Donor and Co-parenting Arrangements – a cautionary tale – Family Law Week

Posted October 19th, 2017 in agreements, assisted reproduction, children, families, news, parental rights by sally

‘Rose-Marie Drury, Senior Associate with Mills & Reeve LLP, considers the legal issues for parties involved in such arrangements.’

Full Story

Family Law Week, 18th October 2017

Source: www.familylawweek.co.uk

Disgraceful conditions at Bedford prison fuelled riot, watchdog finds – The Guardian

Posted October 19th, 2017 in news, prisons, release on licence, reports, sentencing, violent disorder by sally

‘A riot at Bedford prison that led to two wings being “totally trashed” was fuelled by frustration over “disgraceful conditions” including a failure to provide basic items such as soap, cleaning materials and toilet paper, an official watchdog has concluded.’

Full Story

The Guardian, 18th October 2017

Source: www.theguardian.com

Purplebricks ‘surprised’ at new ASA ruling for misleading advert – Daily Telegraph

Posted October 19th, 2017 in advertising, complaints, estate agents, fees, misrepresentation, news by sally

‘Online estate agent Purplebricks has said it is “surprised” the Advertising Standards Authority upheld a complaint against it for misleading viewers over its fee structure.’

Full Story

Daily Telegraph, 18th October 2017

Source: www.telegraph.co.uk