Recent Statutory Instruments – legislation.gov.uk

Posted June 6th, 2017 in legislation by sally

The Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2017

The Parliamentary Elections (Returning Officers’ Charges) (No. 2) Order 2017

Source: www.legislation.gov.uk

Man jailed for murdering partner’s two-year-old son in a ‘loss of temper’ – The Guardian

Posted June 6th, 2017 in children, drug abuse, grievous bodily harm, murder, news, sentencing by sally

‘A heroin addict will spend at least 18 years in prison for murdering his partner’s two-year-old son in a fit of temper when he was left alone with the child for a few minutes.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

Vicky Cherry death: Boyfriend jailed over airing cupboard body – BBC News

‘A man who hid his dead girlfriend’s body in an airing cupboard for more than a year has been jailed.’

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BBC News, 5th June 2017

Source: www.bbc.co.uk

Dog that killed three-week-old boy belonged to his father – The Independent

Posted June 6th, 2017 in child neglect, children, dogs, families, news by sally

‘A father who has admitted that he owned the dog which mauled his 20-day-old baby to death, is facing jail. Ryan Young, 32, initially denied owning the terrier-type dog but changed his plea at Newcastle Crown Court.’

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The Independent, 5th June 2017

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted June 5th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2017] EWCA Civ 400 (25 May 2017)

Hancock & Anor v Revenue & Customs [2017] EWCA Civ 198 (25 May 2017)

Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

Greene King Brewing And Retailing Ltd & Anor v The Gambling Commission [2017] EWCA Civ 372 (25 May 2017)

Court of Appeal (Criminal Division)

Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

Morfitt, R v [2017] EWCA Crim 669 (25 May 2017)

High Court (Administrative Court)

C, R (on the application of) v The London Borough of Islington [2017] EWHC 1288 (Admin) (31 May 2017)

General Medical Council v Jagjivan & Anor [2017] EWHC 1247 (Admin) (26 May 2017)

SS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2017] EWHC 1295 (Admin) (26 May 2017)

Heathrow Airport Ltd v Office of Rail And Road [2017] EWHC 1290 (Admin) (26 May 2017)

RM v The Secretary of State for the Home Department [2017] EWHC 1262 (Admin) (26 May 2017)

High Court (Chancery Division)

The Co-Operative Bank Plc v Desmond Victor John Phillips [2017] EWHC 1320 (Ch) (02 June 2017)

Capita Plc & Anor v Darch & Ors [2017] EWHC 1248 (Ch) (26 May 2017)

Richard v British Broadcasting Corporation (BBC) & Anor [2017] EWHC 1291 (Ch) (26 May 2017)

Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch) (23 May 2017)

High Court (Commercial Court)

Dalecroft Properties Ltd v Underwriters Subscribing To Certificate Number… [2017] EWHC 1263 (Comm) (26 May 2017)
Latin American Investments Ltd v Maroil Trading Inc & Anor [2017] EWHC 1254 (Comm) (26 May 2017)

Watson & Ors v watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm) (25 May 2017)

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm) (25 May 2017)

Ahmed & Anor v Ali Khalifa [2017] EWHC 1198 (Comm) (23 May 2017)

High Court (Family Division)

A and O (Children : Scotland), Re [2017] EWHC 1293 (Fam) (26 May 2017)

High Court (Patents Court)

Chugai Pharmaceutical Co Ltd v UCB Pharma SA [2017] EWHC 1216 (Pat) (26 May 2017)

High Court (Queen’s Bench Division)

Stewart & Anor v The Commissioner of Police of the Metropolis [2017] EWHC 1307 (QB) (30 May 2017)

Velarde v Guy’s & St Thomas NHS Foundation Trust [2017] EWHC 1250 (QB) (26 May 2017)

Anglia Research Services Ltd & Ors v Finders Genealogists Ltd & Anor [2017] EWHC 1277 (QB) (26 May 2017)

JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) (25 May 2017)

High Court (Technology and Construction Court)

GB Building Solutions Ltd v SFS Fire Services Ltd (t/a Central Fire Protection) [2017] EWHC 1289 (TCC) (25 May 2017)

Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) (Hearing 19 May 2017)

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 5th, 2017 in appeals, government departments, immigration, news, tribunals by sally

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

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Free Movement, 5th June 2017

Source: www.freemovement.org.uk

Interviewing a ward of court – UK Police Law Blog

Posted June 5th, 2017 in consent, courts, news, police, police interviews, practice directions, wardship by sally

‘The judgment in Re Ward of Court [2017] EWHC 1022 (Fam) answers with a resounding “no”, the question of whether the court’s consent is required before the police can interview a ward of court. A simple point, one might think, but there was, according to Sir James Munby, President of the Family Division, a “startling lack of clarity in the law” on this issue.’

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UK Police Law Blog, 4th June 2017

Source: ukpolicelawblog.com

Solicitors lose claim over losses caused by tax mitigation schemes – Legal Futures

Posted June 5th, 2017 in accountants, law firms, negligence, news, solicitors, tax avoidance by sally

‘Partners at a leading personal injury law firm have lost a professional negligence action against the accountants who recommended they sign up to two ultimately unsuccessful tax mitigation schemes.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Innovation happening, but no strong need to change the traditional chambers model, say respondents to BSB survey – Bar Standards Board

‘The Bar Standards Board (BSB) has today published its report into the provision of legal services by barristers. The report contains the results of an online survey conducted in September and October 2016 with barristers about the future delivery of legal services.’

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Bar Standards Board, 30th May 2017

Source: www.barstandardsboard.org.uk

The Bar Council invites the adoption of a new Court Sitting Hours’ Protocol – The Bar Council

Posted June 5th, 2017 in barristers, courts, news, tribunals, women by sally

‘The Bar Council invites the adoption of a new Court Sitting Hours’ Protocol.’

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The Bar Council, 1st June 2017

Source: www.barcouncil.org.uk

Romanian nurse suspended for failing to understand English – Daily Telegraph

‘A Romanian nurse hired after being interviewed via Skype put patients’ health at risk because his English was so bad, a tribunal has heard.’

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Daily Telegraph, 2nd June 2017

Source: www.telegraph.co.uk

HMP Wandsworth loses reform prison status – The Guardian

Posted June 5th, 2017 in London, news, prison officers, prisons, rehabilitation by sally

‘The future of the government’s reform prisons has been thrown into doubt after Wandsworth prison, seen as the flagship of the scheme, lost its status and reverted back to a normal prison.’

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The Guardian, 4th June 2017

Source: www.theguardian.com

Parental Disputes, Religious Differences and the Welfare of the Children – Family Law Week

Posted June 2nd, 2017 in children, education, families, Judaism, news, transgender persons by sally

‘Alex Verdan QC, Sam King and Ruth Kirby, all of 4 Paper Buildings, consider recent judgments in cases involving parental disputes resulting from one parent deciding to depart life in an Hassidic community.’

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Family Law Week, 30th May 2017

Source: www.familylawweek.co.uk

All out war: Brexit & the Chartist movement – New Law Journal

Posted June 2nd, 2017 in brexit, constitutional law, EC law, news, referendums, treason by sally

‘Could the way in which Vote Leave used its NHS funding pledge during the EU referendum campaign amount to the offence of treason felony?’

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New Law Journal, 1st June 2017

Source: www.newlawjournal.co.uk

Definitive guidelines on sentencing children and young people and reduction in sentence for a guilty plea come into effect – Sentencing Council

Posted June 2nd, 2017 in children, guilty pleas, news, sentencing, young offenders by sally

‘The revised guidelines on sentencing children and young people and reduction in sentence for a guilty plea have come into effect today (1 June 2017).’

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Sentencing Council, 1st June 2017

Source: www.sentencingcouncil.org.uk

BSB to review training role of Inns of Court – Legal Futures

Posted June 2nd, 2017 in barristers, inns of court, legal education, news by sally

‘The Bar Standards Board (BSB) is to review the role of the Inns of Court in the training of barristers, it has emerged.’

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Legal Futures, 2nd June 2017

Source: www.legalfutures.co.uk

Nanny who shook 10-month-old baby to death jailed for four years – The Guardian

‘An unqualified nanny who violently shook a baby in a moment of “madness” has been jailed at the Old Bailey for four years after being found guilty of his manslaughter.’

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The Guardian, 1st June 2017

Source: www.theguardian.com

Charity crowd funds in bid to challenge roll-out of Right to Rent scheme – Local Government Lawyer

Posted June 2nd, 2017 in housing, landlord & tenant, news, race discrimination by sally

‘The Joint Council for the Welfare of Immigrants (JCWI) has begun crowd funding ahead of a potential legal challenge to the roll-out of the Right to Rent scheme to Scotland, Wales and Northern Ireland.’

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Local Government Lawyer, 31st May 2017

Source: www.localgovernmentlawyer.co.uk

Planning law does not trump rights to privacy, says watchdog – OUT-LAW.com

Posted June 2nd, 2017 in data protection, news, planning, privacy by sally

‘Local authorities processing planning applications cannot ignore their responsibilities under data protection law, the UK’s Information Commissioner’s Office (ICO) has warned.’

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OUT-LAW.com,1st June 2017

Source: www.out-law.com