Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50 – UK Constitutional Law Association

Posted October 20th, 2017 in EC law, news, parliament, treaties by sally

‘The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that she could revoke the triggering of the Article 50 process. Her equivocal response led many to believe that such advice does indeed exist. Last Tuesday, this blog published an analysis of whether revocation was possible at the European Union level. This post considers the same question from a domestic law point of view. Many similar questions to those raised in the recent Miller litigation are relevant to determining if the Government can revoke the notification under Article 50. This post concludes that as a matter of domestic law, revocation cannot lawfully be attempted without direct authorisation by an Act of Parliament.’

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UK Constitutional Law Association, 16th October 2017

Source: ukconstitutionallaw.org

Family Drug and Alcohol Court and councils to receive £6m+ from social impact bond – Local Government Lawyer

Posted October 20th, 2017 in alcohol abuse, courts, drug abuse, local government, news by sally

‘The Family Drug and Alcohol Court (FDAC) and partner local authorities are to receive £6.2m over seven years through a social impact bond to support its work within the family court system, the Government has announced.’

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Local Government Lawyer, 18th October 2017

Source: www.localgovernmentlawyer.co.uk

Keir Starmer Talks Human Rights, Brexit, and Everything In-Between – RightsInfo

Posted October 20th, 2017 in brexit, EC law, human rights, news, terrorism by sally

‘Human rights took centre-stage – alongside a healthy dose of politics – at a discussion between Shadow Minister for Brexit Sir Keir Starmer and the BBC’s Jo Coburn this week.’

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RightsInfo, 19th October 2017

Source: rightsinfo.org

Black and Muslim prisoners suffer worse treatment, study finds – The Guardian

‘Black and Muslim offenders are more likely to be badly treated in prison, leading to poorer outcomes and mental health concerns, research has found.’

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The Guardian, 19th October 2017

Source: www.theguardian.com

Salford woman who forced boy, 11, into sex jailed – BBC News

Posted October 20th, 2017 in child abuse, news, sentencing, sexual offences by sally

‘A woman who forced an 11-year-old boy into having sex with her has been jailed for 15 years.’

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BBC News, 19th October 2017

Source: www.bbc.co.uk

Supreme Court find local authority vicariously liable for abuse committed by foster carers – Family Law

Posted October 20th, 2017 in child abuse, fostering, local government, news, vicarious liability by sally

‘In Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, the Supreme Court held Nottinghamshire County Council were vicariously liable for the physical, emotional and sexual abuse committed by foster parents to the appellant (Armes) during her time in foster care. The local authority can be held vicariously liable only in situations involving placements with foster carers. Zoe Fleetwood, solicitor and partner, and Hannah Duddridge, paralegal, from Dawson Cornwell, highlight that such vicarious liability does not extend to the local authority in situations involving child placements with family members.’

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Family Law, 19th October 2017

Source: www.familylaw.co.uk

Law Pod UK Ep. 12: Damages claim over IVF baby – 1 COR

Posted October 20th, 2017 in assisted reproduction, consent, damages, forgery, news by sally

‘Rosalind English talks to David Prest about a case involving a forged signature, disputed consent, and the claim made by a father for damages in relation to a baby born through IVF using frozen embryos.’

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Law Pod UK, 19th October 2017

Source: audioboom.com

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.’

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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.’

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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.’

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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.’

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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.’

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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).’

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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.’

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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.’

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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.’

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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.’

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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).’

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Legal Futures, 19th October 2017

Source: www.legalfutures.co.uk