Judge warns of ‘blood on our hands’ if suicidal girl is forced out of secure care – The Guardian

‘The nation will have “blood on its hands” if an NHS hospital bed cannot be found within days for a teenage girl who is at acute risk of taking her own life, according to the UK’s most senior family judge.’

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The Guardian, 3rd August 2017

Source: www.theguardian.com

Ex-soldier jailed for disability benefits fraud after Kilimanjaro climb – The Guardian

Posted August 4th, 2017 in benefits, fraud, news, sentencing by sally

‘A former paratrooper who climbed Mount Kilimanjaro and won a triathlon while fraudulently claiming thousands of pounds in disability benefit has been jailed.’

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The Guardian, 3rd August 2017

Source: www.theguardian.com

Ecclesiastical court judgments – July – Law & Religion UK

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

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Law & Religion UK, 3rd August 2017

Source: www.lawandreligionuk.com

HMRC policy on VAT and student accommodation is wrong, says Tribunal – OUT-LAW.com

Posted August 3rd, 2017 in construction industry, HM Revenue & Customs, news, universities, VAT by sally

‘There is “absolutely no basis” for an HM Revenue & Customs (HMRC) policy that the VAT treatment of supplies made in relation to a building by a sub-contractor depends upon the treatment adopted by the main contractor, the UK’s First-tier Tribunal has decided in a case concerning student accommodation.’

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OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

New law will tighten regulation of claims companies, move regulation to FCA – OUT-LAW.com

Posted August 3rd, 2017 in claims management, financial regulation, news by sally

‘Claims management companies (CMCs) will face stricter regulation when responsibility for regulation moves from the Ministry of Justice (MOJ) to the Financial Conduct Authority (FCA), though new rules stop short of a ban on cold calling and cold texting.’

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OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

Barton, betting and football’s ticking time bomb: Joey Barton v The FA – Sports Law Bulletin from Blackstone Chambers

Posted August 3rd, 2017 in disciplinary procedures, gambling, news, sport by sally

‘On 25 July 2017, an FA Appeal Board allowed the appeal of Premier League player, Joey Barton, against the “excessive” ban on him from all football for 18 months, imposed as a result of breaches of The FA’s betting rules.’

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Sports Law Bulletin from Blackstone Chambers, 31st July 2017

Source: www.sportslawbulletin.org

Council loses appeal over voluntarily-worked overtime and holiday pay – Local Government Lawyer

Posted August 3rd, 2017 in employment tribunals, holiday pay, news, volunteers, working time by sally

‘Dudley Metropolitan Borough Council has lost a case at the Employment Appeal Tribunal over how voluntarily-worked overtime is treated in the calculation of holiday pay.’

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Local Government Lawyer, 3rd August 2017

Source: localgovernmentlawyer.co.uk

Supreme Court overturns dismissal of appeal because of failure to pay judgment sum into court – Litigation Futures

Posted August 3rd, 2017 in appeals, human rights, news, payment into court, third parties by sally

‘A Court of Appeal judge was wrong to end an appeal because the appellant company had not complied with a condition to pay the judgment sum into court first and he thought its wealthy owner could have paid instead, the Supreme Court has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

Letter from Lord Justice Fulford: Flexible Operating Hours Pilots – Courts and Tribunals Judiciary

Posted August 3rd, 2017 in courts, pilot schemes, press releases, working time by sally

‘In my capacity as the Judge in Charge of Reform, and in light of public comments – particularly from members of the legal profession – I thought it would be helpful to attempt to demystify the proposed Flexible Operating Hours Pilots. I regret the extent of the widely-broadcast misunderstandings and ill-informed comments from a range of sources.’

full letter

Courts and Tribunals Judiciary, 28th July 2017

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted August 3rd, 2017 in law reports by sally

Supreme Court

Goldtrail Travel Ltd v Onur Air Tasimacilik AS [2017] UKSC 57 (2 August 2017)

Forge Care Homes Ltd & Ors, R (on the application of)v Cardiff and Vale University Health Board & Ors [2017] UKSC 56 (2 August 2017)

Court of Appeal (Civil Division)

Randhawa & Anor v Turpin & Anor [2017] EWCA Civ 1201 (01 August 2017)

Court of Appeal (Criminal Division)

Ali & Ors, R v [2017] EWCA Crim 1211 (02 August 2017)

High Court (Administrative Court)

Williams v Solicitors Regulation Authority [2017] EWHC 2005 (Admin) (02 August 2017)

High Court (Chancery Division)

Hague Plant Ltd v Hague & Ors [2017] EWHC 2021 (Ch) (02 August 2017)

Ball & Ors v Ball & Ors [2017] EWHC 1750 (Ch) (02 August 2017)

Ghadami v Bloomfield & Ors [2017] EWHC 2020 (Ch) (02 August 2017)

Source: www.bailii.org

Finance and Divorce Update, August 2017 – Family Law Week

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

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

IPCC says sorry to woman handcuffed in cell for 11 hours while pregnant – The Guardian

Posted August 3rd, 2017 in complaints, delay, misfeasance in public office, news, police, pregnancy, restraint by sally

‘The police watchdog has apologised to a dying mother for investigative failings after she was stripped and handcuffed in a police cell for 11 hours while pregnant.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Rashan Charles, whose death after police chase caused violent protest, did not swallow controlled substance – Daily Telegraph

Posted August 3rd, 2017 in complaints, death in custody, news, police, restraint by sally

‘A man who died after swallowing an object during a police chase was not concealing a “controlled substance” according to forensic analysis.’

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Daily Telegraph, 2nd August 2017

Source: www.telegraph.co.uk

‘Three Musketeers’ guilty of planning UK terror plot – BBC News

Posted August 3rd, 2017 in conspiracy, news, terrorism by sally

‘Three men who dubbed themselves the Three Musketeers have been found guilty of plotting a terror attack on a police or military target in the UK.’

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BBC News, 2nd August 2017

Source: www.bbc.co.uk

Addison Lee suffers latest defeat in legal row over gig economy rights -The Guardian

‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 2nd, 2017 in legislation by sally

The Payments to the Churches Conservation Trust Order 2017

The Education (Information About Children in Alternative Provision) (England) (Amendment) Regulations 2017

The Health Act 1999 (Commencement No. 17) Order 2017

The Health Service Medical Supplies (Costs) Act 2017 (Commencement No. 1 and Saving Provision) Regulations 2017

Source: www.legislation.gov.uk

Collection of fees in receivables finance agreement must not be “arbitrary, capricious or irrational” says High Court – OUT-LAW.com

Posted August 2nd, 2017 in banking, Cayman Islands, fees, fiduciary duty, indemnities, news, receivers by sally

‘The High Court has found that a lender must be rational when exercising its contractual discretion to charge collection fees under a receivables finance agreement. The agreement allowed for fees of up to 15%, however, the maximum chargeable for the lender to remain compliant with its duty was found, in this case, to be 4%.’

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OUT-LAW.com, 1st august 2017

Source: www.out-law.com

County council apologises for breach of court order in child protection case – Local Government Lawyer

Posted August 2nd, 2017 in care orders, children, local government, news, social services by sally

‘Gloucestershire County Council has issued an unreserved apology after it was found to have breached a court order in a child protection case.’

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Local Government Lawyer, 2nd August 2017

Source: localgovernmentlawyer.co.uk

London borough wins appeal over housing policy favouring working families – Local Government Lawyer

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017

Source: localgovernmentlawyer.co.uk

Law firm should have warned property investor clients of “Mafia risk”, CA rules – Legal Futures

‘A law firm with offices in Italy and England has lost its appeal against a High Court ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 2nd August 2017

Source: www.legalfutures.co.uk