No legal barriers to social investment, but pension schemes still not investing – Law Commission

Posted June 23rd, 2017 in contribution, Law Commission, news, pensions, press releases, reports by sally

‘There are no legal or regulatory barriers to pension schemes making social investments, according to a new report by the Law Commission.’

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Law Commission, 23rd June 2017

Source: www.lawcom.gov.uk

BAILII: Recent Decisions

Posted June 23rd, 2017 in law reports by sally

Court of Appeal (Civil Division)

JK, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 433 (22 June 2017)

Hrabkova v The Secretary of State for Work and Pensions [2017] EWCA Civ 794 (22 June 2017)

Court of Appeal (Criminal Division)

Chuhan, R v [2017] EWCA Crim 776 (19 June 2017)

High Court (Administrative Court)

DA & Ors, R (On the Application Of) v Secretary of State for Work and Pensions [2017] EWHC 1446 (Admin) (22 June 2017)

Steer v Secretary of State for Communities And Local Government & Ors [2017] EWHC 1456 (Admin) (22 June 2017)

The Prudential Assurance Company Ltd, R (On the Application Of) v Revenue And Customs [2017] EWHC 1484 (Admin) (22 June 2017)

High Court (Chancery Division)

Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC 1510 (Ch) (22 June 2017)

High Court (Commercial Court)

National Private Air Transport Company & Anor v Sheikh Abedlelah M Kaki [2017] EWHC 1496 (Comm) (22 June 2017)

Sheikh Abdulrahman Khalid Bin Mahfouz & Ors v El-Rashid & Ors [2017] EWHC 1460 (Comm) (22 June 2017)

High Court (Queen’s Bench Division)

Simpkin v The Berkeley Group Holdings Plc [2017] EWHC 1472 (QB) (22 June 2017)

Source: www.bailii.org

Cost of NHS negligence claims likely to double by 2023, says study – The Guardian

Posted June 23rd, 2017 in compensation, costs, health, negligence, news by sally

‘The annual cost to the NHS in England of settling clinical negligence claims is equivalent to training 6,500 doctors and is expected to double by 2023, according to the Medical Protection Society.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Government acted unlawfully by restricting ‘ethical’ boycotts of Israel, High Court rules – The Independent

‘The Government acted unlawfully by seeking to restrict “ethical” boycotts of Israel, the High Court has ruled. After accepting a judicial review, the judge said Sajid Javid, the Secretary of State for Communities and Local Government, acted unlawfully in issuing guidance to restrict local councils from pursuing boycott, divestment and sanctions (BDS) against Israel through their pension schemes.’

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The Independent, 22nd June 2017

Source: www.independent.co.uk

European Court of Justice ruling could open floodgates for spurious vaccination claims – Daily Telegraph

‘The European Court of Justice has been accused of undermining Britain’s vaccination programme after ruling that patients can sue for illnesses they believe were caused by jabs, even when there is no scientific evidence.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Chagos legal status sent to international court by UN – BBC News

‘A dispute between the UK and Mauritius over disputed island territory in the Indian Ocean is to be referred to the International Court of Justice (ICJ).’

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BBC News, 22nd June 2017

Source: www.bbc.co.uk

Watchdog targets online gambling firms that ‘load the dice’ against players – Daily Telegraph

Posted June 23rd, 2017 in consumer protection, gambling, internet, news by sally

‘Online gambling companies will have to change their “unfair” sign-up deals or face a legal challenge after the Competition and Markets Authority (CMA) announced that it was launching enforcement action against operators that it believes to be breaking consumer law.’

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Daily Telegraph, 23rd June 2017

Source: www.telegraph.co.uk

Term-time holiday legal battle has cost taxpayers almost £140,000 so far – The Guardian

Posted June 23rd, 2017 in costs, education, fines, government departments, holidays, news, school children by sally

‘The government spent almost £140,000 of taxpayers’ money on a prolonged legal battle against a father who took his daughter out of school for a holiday during term-time, according to new figures.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Cap on benefits for single parents with toddlers ruled unlawful in landmark judgment – Daily Telegraph

Posted June 23rd, 2017 in benefits, class actions, families, government departments, judges, news, poverty by sally

‘A central plank of the Government’s benefit reform programme has suffered a major setback after a High Court judge ruled it was unlawful and was causing “real misery” to single parents and their children.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Church of England failed child victims of sexual abuse while ‘colluding’ with disgraced bishop, report finds – The Independent

‘The Church of England “concealed” evidence of child abuse by a former bishop stretching over two decades, the Archbishop of Canterbury, Justin Welby, has said, following a major independent review.’

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The Independent, 22nd June 2017

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 23rd, 2017 in legislation by sally

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

The Export Control (Amendment) (No. 3) Order 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 22nd, 2017 in law reports by sally

Court of Appeal (Civil Division)

Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 (21 June 2017)

Bayerische Motoren Werke Aktiengesellschaft v Technosport London Ltd & Anor [2017] EWCA Civ 779 (21 June 2017)

High Court (Administrative Court)

C, R (on the application of) v The London Borough of Islington [2017] EWHC 1441 (Admin) (21 June 2017)

Rahman, R (On the Application Of) v The Local Government Election Court [2017] EWHC 1413 (Admin) (21 June 2017)

High Court (Chancery Division)

Astex Therapeutics Ltd v Astrazeneca AB [2017] EWHC 1442 (Ch) (21 June 2017)

Takeda Pharmaceutical Company Ltd v Fougera Sweden Holding 2 AB [2017] EWHC 1402 (Ch) (21 June 2017)

High Court (Family Division)

ND v SD & Ors [2017] EWHC 1507 (Fam) (21 June 2017)

Court (Queen’s Bench Division)

Hertfordshire County Council v Davies [2017] EWHC 1488 (QB) (21 June 2017)

High Court (Technology and Construction Court)

Mailbox (Birmingham) Ltd v Galliford Try Building Ltd [2017] EWHC 1405 (TCC) (21 June 2017)

Lobo v Corich & Anor [2017] EWHC 1438 (TCC) (21 June 2017)

Source: www.bailii.org

Prison reform: open letter from the Justice Secretary – Ministry of Justice

Posted June 22nd, 2017 in news, press releases, prisons by sally

‘Justice Secretary David Lidington sets out the essential reforms under way to make prisons places of safety and reform.’

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Ministry of Justice, 21st June 2017

Source: www.gov.uk

Council agrees £13m payout to family of boy injured at swimming pool – Local Government Lawyer

Posted June 22nd, 2017 in compensation, local government, negligence, news, personal injuries by sally

‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’

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Local Government Lawyer, 21st June 2017

Source: localgovernmentlawyer.co.uk

Jackson to pilot £80,000 costs cap for some cases worth up to £250,000 – Litigation Futures

Posted June 22nd, 2017 in costs capping orders, news, pilot schemes by sally

‘The work on extending fixed recoverable costs (FRC) is going to start with a pilot to test capping costs at £80,000 for claims up to £250,000 in a limited number of courts, it has emerged.’

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Litigation Futures, 22nd June 2017

Source: www.litigationfutures.com

“Massive memory test” preventing Bar students from understanding ethical values – Legal Futures

‘Bar students are struggling to understand ethical values because of the “massive memory test” awaiting them in the examination room, a senior lecturer has claimed.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

High Court overturns dishonesty finding against solicitor due to “serious procedural irregularities” – Legal Futures

‘The High Court has overturned a finding of dishonesty made by the Solicitors Disciplinary Tribunal (SDT) against a prominent solicitor because the allegation was not tested during the hearing – which the court called a “serious procedural irregularity”.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

Queen’s Speech confirms that unfair rules on logbook loans are being sent to the scrapheap – Law Commission

Posted June 22nd, 2017 in bills, loans, news, parliament, press releases, repossession by sally

‘The Law Commission welcomes plans outlined in today’s Queen Speech to close a legal loophole which means buyers of second-hand vehicles are at risk of having them repossessed due to unfair logbook loans.’

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Law Commission, 21st June 2017

Source: www.lawcom.gov.uk

Bar Council cautions over online guilty pleas – The Bar Council

Posted June 22nd, 2017 in barristers, electronic filing, guilty pleas, news, press releases by sally

‘Using a smartphone to plead guilty to a criminal offence may seem convenient, but the Bar Council has warned that Government plans to roll out online pleas, outlined in today’s Queen’s Speech, risk down-playing potentially serious consequences for defendants.’

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The Bar Council, 21st June 2017

Source: www.barcouncil.org.uk

Queen’s speech confirms whiplash reform and court modernisation – Law Society’s Gazette

Posted June 22nd, 2017 in bills, courts, electronic filing, news, parliament, personal injuries by sally

‘Fresh reforms to personal injury claims are back on the agenda following today’s Queen’s speech. The government’s slimmed-down wishlist of legislation includes a Civil Liability Bill to address the ‘compensation culture’ around motor insurance claims.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk