Finance and Divorce Update October 2017 – Family Law Week

Posted October 6th, 2017 in divorce, financial provision, news by sally

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during September 2017.’

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Family Law Week, 5th October 2017

Source: www.familylawweek.co.uk

Battle crash driver Naomi Oxley jailed for killing mum-of-three – BBC News

Posted October 6th, 2017 in alcohol abuse, dangerous driving, guilty pleas, homicide, news, sentencing by sally

‘A drunk driver who killed a mother-of-three has been jailed for four years. Debbie Masters, 37, was pushing her seven-month-old son in a pram in Battle, East Sussex, on 19 March when she was hit by Naomi Oxley’s car.’

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BBC News, 5th October 2017

Source: www.bbc.co.uk

Judge cleared of making inappropriate remarks in modern slavery case – The Guardian

Posted October 6th, 2017 in complaints, judges, news, travellers by sally

‘A crown court judge has been cleared of making inappropriate comments about Travellers when sentencing 11 members of the same family for modern slavery offences.’

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The Guardian, 5th October 2017

Source: www.theguardian.com

Security guards found guilty of stealing £7m from their own van after staging fake robbery – The Independent

Posted October 6th, 2017 in news, robbery, security companies, theft by sally

‘Two security guards have been found guilty of staging a fake robbery to steal £7m from their own cash-in-transit van.’

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The Independent, 5th October 2017

Source: www.independent.co.uk

Warning over fake lipstick after trading standards find level of lead could cause severe health problems – Daily Telegraph

Posted October 6th, 2017 in consumer protection, counterfeiting, news, poisoning, trading standards by sally

‘A warning has been issued over fake lipstick after a court heard that the level of lead in counterfeit products can cause severe health problems. Paul Lamerton sold fake lipsticks on eBay and Facebook with 300 times the legal level of lead, and magistrates in Plymouth, Devon, were told that if used regularly the cosmetic could result in high blood pressure, cardiac, reproductive and neurological problems.’

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Daily Telegraph, 5th October 2017

Source: www.telegraph.co.uk

Human trafficking trio guilty of running sex ring – BBC News

Posted October 6th, 2017 in news, prostitution, trafficking in human beings by sally

‘Three people have been found guilty of running a prostitution network described as a “sexual conveyor belt” by a judge.’

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BBC News, 5th October 2017

Source: www.bbc.co.uk

Noel Conway: Terminally ill man loses High Court challenge against the law on assisted dying – The Independent

Posted October 6th, 2017 in assisted suicide, declarations of incompatibility, human rights, news by sally

‘A man who is terminally ill with motor neurone disease has lost his High Court challenge to fight for his right to die.
The judgment does confirm, however, that the courts do have the authority to declare current inconsistency with human rights.’

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The Independent, 5th October 2017

Source: www.independent.co.uk

EVENT: Being Human Festival – Knowing our rights – do terrorists have human rights too?

Posted October 5th, 2017 in Forthcoming events by sally

‘It’s one of the trickiest legal and ethical questions of the modern age: should terrorists be denied their human rights in the interest of security? Should they simply be treated as rights-less? Come and hear an in-depth discussion of this vital contemporary matter, from a legal, philosophical and practical perspective.’

Date: 23rd November 2017, 7.00-9.00pm

Location: The Frontline Club, 13 Norfolk Place, London, Middlesex W2 1QJ

Charge: Free, RSVP

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2017 in legislation by sally

The Fishing Vessels (Codes of Practice) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017

The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

The General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2017

Source: www.legislation.gov.uk

Sir Edward Heath ‘would have been questioned’ over abuse claims – BBC News

Posted October 5th, 2017 in child abuse, news, parliament, sexual offences by sally

‘Sir Edward Heath would have been questioned over sex abuse claims if he was alive when they came to light, police have said. Wiltshire Police launched Operation Conifer in 2015 when the former PM was accused of historical child sex abuse. The Conservative politician would have been interviewed under caution over seven claims, including the alleged rape of an 11-year-old, they said. No inference of guilt should be drawn from this, police stressed.’

Summary closure report

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BBC News, 5th October 2017

Source: www.bbc.co.uk

Ecclesiastical court judgments – September – Law & Religion UK

Posted October 5th, 2017 in ecclesiastical law, judgments, news by sally

‘Review of the ecclesiastical court judgments during September 2017.’

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Law & Religion UK, 2nd October 2017

Source: www.lawandreligionuk.com

Vulnerability, medical evidence & Now Medical – Nearly Legal

Posted October 5th, 2017 in expert witnesses, homelessness, local government, mental health, news by sally

‘Thomas v Lambeth LBC, County Court at Central London, 16 March 2017. This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. Of particular interest is that the judgment concerns and indeed turns on Now Medical reports on the homeless applicant and the use made of them by LB Lambeth on s.184 decision and on s.202 review.’

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Nearly Legal, 3rd October 2017

Source: nearlylegal.co.uk

BAILII: Recent Decisions

Posted October 5th, 2017 in law reports by sally

High Court (Administrative Court)

Newcastle United Football Club Ltd & Anor v HM Revenue & Customs & Anor [2017] EWHC 2402 (Admin) (04 October 2017)

High Court (Chancery Division)

Emerald Supplies Ltd & Ors v British Airways Plc [2017] EWHC 2420 (Ch) (04 October 2017)

High Court (Commercial Court)

Dell Emerging Markets (EMEA) Ltd & Anor v IB Maroc.Com SA (A Body Corporate) [2017] EWHC 2397 (Comm) (04 October 2017)

High Court (Queen’s Bench Division)

Miley v Friends Life Ltd [2017] EWHC 2415 (QB) (04 October 2017)

Source: www.bailii.org

Investigation begins after Jamaican detainee, 38, dies – The Guardian

Posted October 5th, 2017 in death in custody, detention, immigration, news by sally

‘An investigation has been launched into the death of a 38-year-old immigration detainee after the Home office confirmed that a Jamaican man died on Tuesday while he was being held at Morton Hall immigration removal centre in Lincoln. It is the third such death in less than a month and human rights campaigners have expressed alarm at the incident. The prisons and probation ombudsman has begun an investigation.’

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The Guardian, 4th October 2017

Source: www.theguardian.com

Who knows where the time goes? – Practical Law: Construction Blog

Posted October 5th, 2017 in construction industry, contracting out, contracts, damages, delay, news, time limits by sally

‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

July to September 2017 case review for construction practitioners – Practical Law: Construction Blog

Posted October 5th, 2017 in arbitration, construction industry, contracts, negligence, news by sally

‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

Court rejects booking claims and convicts cab driver of blagging – Local Government Lawyer

Posted October 5th, 2017 in costs, fines, licensing, news, taxis, uninsured drivers by sally

‘A private hire cab driver in Milton Keynes has been convicted of illegally plying for hire (blagging), with the magistrates’ court rejecting his argument that as he had make the booking on behalf of the customer the fare was lawful.’

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Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

LGO criticises failure of council to assess vulnerable young children at risk of harm – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has accused a council of not doing enough to safeguard a family who made multiple appeals for help to protect their younger children from threats of violence made by their teenage son.’

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Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’

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Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Man who shouted anti-semitic abuse at Jewish worshippers has sentence increased – Crown Prosecution Service

Posted October 5th, 2017 in appeals, hate crime, Judaism, news, religiously aggravated offences, sentencing by sally

‘A man who shouted antisemitic abuse at Jews on their way to morning prayers has been sentenced to a 12 month community order with 200 unpaid hours of work.’

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Crown Prosecution Service, 29th September 2017

Source: www.cps.gov.uk