Salford woman who forced boy, 11, into sex jailed – BBC News
‘A woman who forced an 11-year-old boy into having sex with her has been jailed for 15 years.’
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
‘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.’
Family Law, 19th October 2017
Source: www.familylaw.co.uk
GDPR: Businesses will be considered ‘aware’ of data breaches when their data processors notice the breach, says watchdog – OUT-LAW.com
‘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.’
OUT-LAW.com, 20th October 2017
Source: www.out-law.com
Employment tribunals missing targets and haemorrhaging judges – Law Society’s Gazette
‘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.’
Law Society's Gazette, 19th October 2017
Source: www.lawgazette.co.uk
Hodge urges judges and lawyers to improve “scientific literacy” to understand expert evidence – Litigation Futures
‘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.’
Litigation Futures, 19th October 2017
Source: www.litigationfutures.com
Sherlock Holmes fraudster who used name of fictional detective is jailed – Daily Telegraph
‘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.’
Daily Telegraph, 19th October 2017
Source: www.telegraph.co.uk
Figures show rise in divorce for opposite-sex couples – Family Law
‘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).’
Family Law, 18th October 2017
Source: www.familylaw.co.uk
‘Absolutely unacceptable’: UK accused of failing to protect domestic workers – The Guardian
‘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.’
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.’
Practical Law: Construction Blog, 18th October 2017
BAILII: Recent Decisions
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)
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)
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
‘Middle Temple Guest Lecture Expert Evidence: use, abuse and boundaries, Lord Hodge, Justice of The Supreme Court 9 October 2017.’
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
‘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.’
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
‘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.’
Litigation Futures, 17th October 2017
Source: www.litigationfutures.com
Struck-off solicitor wins right to sue for loans made before intervention – Legal Futures
‘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).’
Legal Futures, 19th October 2017
Source: www.legalfutures.co.uk
Consultation launched on laws around antique firearms – Home Office
‘Public invited to give their views as new figures show the number of antique weapons recovered in criminal circumstances doubled between 2012 and 2016.’
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
‘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.’
Family Law, 18th October 2017
Source: www.familylaw.co.uk
Child killer gets longer life sentence – Attorney General’s Office
‘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.’
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.’
Law Society's Gazette, 18th October 2017
Source: www.lawgazette.co.uk
