Liability of trustees in bankruptcy: important new Court of Appeal case – 4 New Square

Posted June 9th, 2017 in bankruptcy, fiduciary duty, judgments, news, trustees in bankruptcy by sally

‘The liability of trustees in bankruptcy to bankrupts is a curiously under – developed area of law. There has been a lack of clarity the circumstances in which a trustee can be liable to a bankrupt personally (rather than liable for losses to the bankrupt’s estate). However, this issue came before the Court of Appeal last month (judgment handed down 25 May 2017).’

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4 New Square, 8th June 2017

Source: www.4newsquare.com

Rule 44. 11 – Court’s powers in relation to misconduct – 4 KBW

Posted June 9th, 2017 in barristers, civil procedure rules, costs, courts, news, professional conduct, solicitors by sally

‘Part 44 of the Civil Procedure (Amendment) Rules 2013 (SI 2013/262) was re-enacted on 1st April 2013 and concerns the court’s powers in relation to misconduct. incur Where a party (a) fails to comply with a court rule in assessment or summary proceedings, or (b) acts unreasonably or improperly before or during proceedings the court may disallow all or part of the costs which are being assessed or order the party at fault or that party’s legal representative to pay costs which that party or legal representative has caused any other party to incur. The misconduct extends to the legal representative of a party as well as to the party personally and includes both summary assessment and detailed assessment proceedings and refers to any failure to comply with the provisions of Part 47 and any direction, rule, practice direction or court order.’

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4 KBW, 2nd June 2017

Source: www.4kbw.net

Free speech and e-media – Counsel

Posted June 9th, 2017 in defamation, EC law, freedom of expression, human rights, internet, media, news, reports by sally

‘Google, Facebook, Twitter and other intermediaries increasingly face a broadly united front of protest. Is it time to regulate? asks Richard Spearman QC.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Recovering costs – helpful hints (private law) – Local Government Lawyer

Posted June 9th, 2017 in budgets, costs, courts, enforcement, local government, news, part 36 offers, small claims, wasted costs orders by sally

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

FHDRAs: what should and shouldn’t happen – Family Law Week

Posted June 9th, 2017 in children, contact orders, dispute resolution, domestic violence, family courts, news, practice directions by sally

‘Marie Crawford, barrister of Becket Chambers, considers the orders a court might make at first hearing and dispute resolution appointment.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Calling time – Counsel

Posted June 9th, 2017 in company law, courts, jurisdiction, limitations, news, time limits by sally

‘The law on limitation directions – a useful tool for junior litigators attempting to restore companies to the register – has finally been anchored down by the courts. Ben Harding reports on the practical effect.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

The only way is ethics – Counsel

Posted June 9th, 2017 in barristers, continuing professional development, legal services, news, professional conduct by sally

‘With integrity at the heart of the Bar, dilemmas often arise. Rachel Langdale QC calls to mind the guiding hand of the Ethics Committee, assisting barristers in the heat (or calm) of a crisis. Ellie Cumbo offers an insight into a year at the other end of the helpline.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Whip-lash away? – Counsel

Posted June 9th, 2017 in barristers, bills, costs, damages, judges, news, personal injuries, road traffic by sally

‘As the general election pauses the planned whiplash reforms, Robert Weir QC examines the winners and losers, implications for personal injury litigation and disproportionate impact on the junior Bar.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Rules on the portability of online content finalised – OUT-LAW.com

Posted June 9th, 2017 in EC law, internet, markets, news by sally

‘Online content service providers will be obliged to ensure that consumers in the EU can access the material they subscribe to when they are “temporarily present” in another EU country, under new rules approved by EU law makers.’

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OUT-LAW.com, 9th June 2017

Source: www.out-law.com

Judge hits out at border controls after alleged mastermind of Britain’s biggest ever banking fraud flees despite no passport – Daily Telegraph

Posted June 9th, 2017 in airports, banking, electronic monitoring, fraud, immigration, news, Pakistan, passports by sally

‘A judge has hit out at UK border controls after a tycoon suspected of masterminding Britain’s biggest ever banking fraud was able to flee to Pakistan despite having no passport and whilst wearing an electronic tag.’

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Daily Telegraph, 8th June 2017

Source: www.telegraph.co.uk

Michelle Spencer jailed for murdering partner as they kissed – BBC News

Posted June 9th, 2017 in domestic violence, imprisonment, murder, news, sentencing by sally

‘A mother of two who stabbed her partner to death in “a flash of temper” as they kissed and cuddled has been jailed for at least 13 years.’

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BBC News, 8th June 2017

Source: www.bbc.co.uk

Heart surgeon spared jail for molesting women after judge says it may be in public interest for him to operate again – Daily Telegraph

Posted June 9th, 2017 in assault, doctors, news, professional conduct, public interest, sentencing, sexual offences, suspended sentences by sally

‘A world-renowned heart surgeon has been spared jail for molesting two women after a judge said it may be in the public interest for him to operate again.’

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Daily Telegraph, 8th June 2017

Source: www.telegraph.co.uk

Campaigners win permission for Court of Appeal challenge to fracking decision – Local Government Lawyer

Posted June 9th, 2017 in appeals, environmental protection, fracking, news, planning by sally

‘Campaigners have this week been granted permission to appeal a Planning Court ruling allowing fracking at a site in Lancashire.’

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Local Government Lawyer, 8th June 2017

Source: www.localgovernmentlawyer.co.uk

Soldier Sam Dallow jailed after paedophile hunter ‘sting’ – BBC News

Posted June 9th, 2017 in armed forces, child abuse, news, sentencing, sexual grooming by sally

‘A soldier who admitted grooming a child after sending explicit messages over the internet from his Army barracks, has been jailed.’

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BBC News, 8th June 2017

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 8th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Commercial Court)

High Court (Patents Court)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

I have prosecuted terrorists – and know human rights laws make us safer by Keir Starmer – The Guardian

Posted June 8th, 2017 in Crown Prosecution Service, human rights, news, prosecutions, terrorism by sally

‘The prime minister’s kneejerk proposal to rip up laws to fight the growing terrorist threat is a dangerous distraction.’

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The Guardian, 7th June 2017

Source: www.theguardian.com

High Court to hear judicial review challenge over neighbourhood plan and quarry – Local Government Lawyer

Posted June 8th, 2017 in judicial review, news, planning by sally

‘The High Court will next week (14-15 June) hear a judicial review challenge over a decision in a neighbourhood plan to allocate a quarry site for heavy industry and housing.’

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Local Government Lawyer, 7th June 2017

Source: www.localgovernmentlawyer.co.uk

Digital legacies need legal protection say lawyers – Law Society’s Gazette

Posted June 8th, 2017 in executors, internet, news, wills by sally

‘Solicitors and legal academics have called for new powers enabling people to decide what happens to their digital legacy when they die, including by making a provision for online data to be included in wills.’

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Law Society's Gazette, 7th June 2017

Source: www.lawgazette.co.uk