Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court
‘Abolishing Personal Injuries Law – A project’
Supreme Court, 16th November 2017
Source: www.supremecourt.uk
No-fault divorce: the future of divorce law? – Family Law
‘The House of Commons Library released its briefing paper dealing with “no-fault divorce” on 17 October 2017. The paper provides a helpful snapshot of the position currently in England & Wales in relation to divorce proceedings, together with a chronology of historic legislation and government schemes. It highlights that the most recent attempt to legislate for ‘no-fault divorce’ was within Pt 2 of the Family Law Act 1996, which was repealed on the basis that the provisions within Pt 2 were “unworkable”. Notwithstanding this conclusion, the Government indicated in January 2001 that it would remain committed to exploring the introduction of no-fault divorce however we are yet to see that commitment materialise into legislated change.’
Family Law, 16th November 2017
Source: www.familylaw.co.uk
Defendant nationality declarations ‘offensive’ – Law Society’s Gazette
‘Making defendants in criminal proceedings declare their nationality is “offensive and objectionable”, the former president of the London Criminal Courts Solicitors’ Association (LCCSA) has said.’
Law Society's Gazette, 16th November 2017
Source: www.lawgazette.co.uk
Bach to the future – Counsel
‘Time for legal aid to break free from party political discourse? Yes, argues Lucie Wibberley, in light of the recommendations of the Bach Commission for a new Right to Justice Act.’
Counsel, November 2017
Source: www.counselmagazine.co.uk
MPs denounce food regulator after 2 Sisters chicken scandal – The Guardian
‘Scathing report by MPs attacks oversight and inspection regimes at Food Standards Agency and local authorities.’
The Guardian, 17th November 2017
Source: www.theguardian.com
British firm battling to stop ‘billion dollar brain’ being deported to China after computer code theft – The Independent
‘Investment fund bosses are trying to stop the deportation of an analyst convicted of stealing millions of pounds worth of computer codes.’
The Independent, 16th November 2017
Source: www.independent.co.uk
Rotherham child sex abuse case: Three men jailed – BBC News
‘Three men have been jailed following the first trial to come out of the National Crime Agency’s inquiry into historical sex abuse in Rotherham.’
BBC News, 16th November 2017
Source: www.bbc.co.uk
Lancashire shoe firm’s ‘sexist’ topless women ad banned – BBC News
‘A “sexist” online shoe advert featuring topless women has been banned by the advertising watchdog.’
BBC News, 16th November 2017
Source: www.bbc.co.uk
Pet ban for owner who tried to heal cat’s wounds with honey – Daily Telegraph
‘A cat owner has been banned from keeping pets for a year after she attempting to heal its wounds with honey. Denise Smith, 58, had applied manuka honey to her cat Blacky’s leg believing it had healing properties which would help him.’
Daily Telegraph, 17th November 2017
Source: www.telegraph.co.uk
British soldier shot comrade dead ‘after mistaking him for target’ during training exercise, inquiry finds – The Independent
‘A young soldier was shot dead by a comrade who mistook him for a target during a flawed training exercise, an inquiry has found.’
The Independent, 16th November 2017
Source: www.independent.co.uk
Rolf Harris indecent assault conviction overturned – BBC News
‘Former entertainer Rolf Harris has had one of 12 indecent assault convictions overturned by the Court of Appeal.’
BBC News, 16th November 2017
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Childcare Payments Act 2014 (Commencement No. 5) Regulations 2017
The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2017
The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2017
The Childcare Payments (Eligibility) (Amendment) Regulations 2017
The Patents and Patents (Fees) (Amendment) Rules 2017
The Childcare Payments (Amendment) Regulations 2017
Source: www.legislation.gov.uk
A cautionary tale on the importance of client service – Practical Law: Construction Blog
‘The recent decision in Riva Properties Ltd v Foster + Partners Ltd, considers the duties that an architect owes to its client, specifically in the context of working in accordance with the client’s budget. Helena White and Matt Malloy have recently written about issues of contributory negligence and evidence arising out of the case. One of the most interesting aspects of the decision for me is that, over the course of a searing 313 paragraph judgment, Fraser J delivers a forceful reminder that client service is at the heart of the construction industry. Although the case specifically concerns the provision of architectural design services, it is a cautionary tale of the consequences of failing to put clients’ objectives first, which is just as relevant to lawyers, professional advisers of any specialism and indeed to all parties involved in the delivery of construction projects.’
Practical Law: Construction Blog, 15th November 2017
Applications open for employment tribunal fee refunds as scheme rolls out – Ministry of Justice
‘All those eligible for employment tribunal fee refunds can apply from today, following a successful opening phase of the scheme.”
Ministry of Justice, 15th November 2017
Source: www.gov.uk/government/organisations/ministry-of-justice
Solicitors under fire for failing to act in best interests of seriously injured clients – Litigation Futures
‘Personal injury lawyers are often failing to act in the best interests of seriously injured clients, according to a law firm’s online poll. The survey by Nockolds Solicitors found that a large majority (81%) of rehabilitation case managers had experienced a situation where a claimant solicitor had “clearly not acted in the best interests of the client”.’
Litigation Futures, 16th November 2017
Source: www.litigationfutures.com
Progress report on police response to domestic abuse causes concern – Family Law
‘Organisations working to support victims of domestic abuse have expressed concerns over a progress report on police response to such abuse, saying it demonstrates that forces are struggling to cope with the rising levels of abuse recorded and that little appears to have changed for victims. Refuge and Women’s Aid said the report underlined the urgent need for the law reform proposed within the Domestic Violence and Abuse Bill, announced in the Queen’s Speech in June.’
Family Law, 15th November 2017
Source: www.familylaw.co.uk
BAILII: Recent decisions
Supreme Court
De Silva & Anor, R (on the application of)v Revenue and Customs [2017] UKSC 74 (15 November 2017)
Court of Appeal (Criminal Division)
Fletcher, R v [2017] EWCA Crim 1778 (15 November 2017)
High Court (Administrative Court)
Monarch Airlines Ltd -v- Airport Coordination Ltd Anor [2017] EWHC 2896 (Admin) (15 November 2017)
McDermott v The Health and Care Professions Council [2017] EWHC 2899 (Admin) (15 November 2017)
High Court (Family Division)
His Royal Highness the Duke of Windsor (Deceased), Re [2017] EWHC 2887 (Fam) (15 November 2017)
Source: www.bailii.org
Families of 1974 bombings victims turn to crowdfunding after legal aid denied – Law Society’s Gazette
‘A campaign group is seeking funds to pay for a judicial review challenging the terms of reference of an inquest into the deaths of the Birmingham Pub Bombings victims after a request for legal aid was denied. Justice4the21 is asking legal professionals to donate what they can to fund a challenge to a coroner’s decision earlier this year to exclude the issue of who was responsible for the 1974 bombings.’
Law Society's Gazette, 15th November 2017
Source: www.lawgazette.co.uk
Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week
‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’
Family Law Week, 15th November 2017
Source: www.familylawweek.co.uk
