Judge punishes firm that placed ‘scant importance’ on court orders – Law Society’s Gazette

Posted June 15th, 2017 in civil procedure rules, delay, law firms, news, striking out by sally

‘The High Court has refused a personal injury firm relief from sanctions after an excoriating analysis of its non-compliance with court orders.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Sharp v Sharp: ruling ‘gives couples more to bicker about’ – Law Society’s Gazette

Posted June 15th, 2017 in appeals, costs, divorce, financial provision, news by sally

‘A City trader has successfully challenged a divorce judgment awarding her ex-husband of four years £2.7m – in a decision that family lawyers warn raises more questions than it answers.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Breverse: Politically Problematic but Legally Possible, by Rosie Slowe – UK Human Rights Blog

Posted June 15th, 2017 in constitutional law, EC law, elections, news, parliament, treaties by sally

‘On 29 March 2017, Theresa May’s Article 50 letter of notice was delivered to Donald Tusk, thereby formally triggering the Treaty-based process for the UK’s withdrawal from the EU. The question remains: is this trajectory irreversible, or can the UK rescind its notification?’

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UK Human Rights Blog, 14th June 2017

Source: ukhumanrightsblog.com

Kenneth Armstrong: Has Article 50 Really Been Triggered? – UK Constitutional Law Association

Posted June 15th, 2017 in constitutional law, EC law, news, parliament, treaties by sally

‘With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been forgiven for thinking that the issues around the legality of the triggering of Article 50 had been settled. As we all now know, the Supreme Court decided that Parliament had to give legislative authority for UK ministers lawfully to notify the UK of its intention to withdraw from the EU. The European Union (Notification of Withdrawal) Act 2017 was enacted and the Prime Minister duly wrote President Tusk her Article 50 letter.’

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UK Constitutional Law Association, 14th June 2017

Source: ukconstitutionallaw.org

“Weak competition” and legal culture behind lack of external investment through ABS, says LSB report – Legal Futures

‘The low level of external investment in law firms since alternative business structures (ABSs) were allowed more than five years ago “may be a symptom of weak competition in the market overall”, a Legal Services Board (LSB) report has suggested.’

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Legal Futures, 15th June 2017

Source: www.legalfutures.co.uk

Supreme court rules UK system for deporting foreign criminals unlawful – The Guardian

Posted June 15th, 2017 in appeals, deportation, evidence, human rights, immigration, news, Supreme Court by sally

‘The Home Office’s “deport first, appeal later” policy for removing foreign criminals has been ruled unlawful by the supreme court.’

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The Guardian, 14th June 2017

Source: www.theguardian.com

High Court orders trial over enforcement of disputed DBA – Law Society’s Gazette

Posted June 15th, 2017 in agreements, costs, damages, delay, law firms, news by sally

‘The High Court has allowed for trial of a preliminary issue in a case concerning the limits of a damages based agreement (DBA).’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Scarborough takeaway boss jailed for boiling water attack on chef – BBC News

Posted June 15th, 2017 in closed circuit television, grievous bodily harm, news, sentencing by sally

‘A kebab shop owner has been jailed for two years for flinging a pan of boiling water over a chef.’

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BBC News, 14th June 2017

Source: www.bbc.co.uk

Man jailed for at least 29 years for south London axe murder – The Guardian

Posted June 15th, 2017 in gangs, murder, news, sentencing, wounding, young offenders by sally

‘A man has been jailed for at least 29 years for hacking a rival gang member to death with an axe during a fight in a supermarket car park.’

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The Guardian, 14th June 2017

Source: www.theguardian.com

Complaints about pension products on the rise following freedoms, says ombudsman – OUT-LAW.com

Posted June 15th, 2017 in complaints, news, ombudsmen, pensions, reports by sally

‘Consumer complaints about self-invested and small self-administered pension products increased by a third last year, in the aftermath of more flexibility around pension savings, according to the Financial Ombudsman Service (FOS).’

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OUT-LAW.com, 14th June 2017

Source: www.out-law.com

Finance and Divorce Update, June 2017 – Family Law Week

Posted June 14th, 2017 in divorce, financial provision, news, trusts by sally

‘Claire Molyneux of Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during May 2017.’

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Family Law Week, 9th June 2017

Source: www.familylawweek.co.uk

Child cruelty – consultation launched on sentencing guideline – Sentencing Council

Posted June 14th, 2017 in child cruelty, consultations, sentencing by sally

‘The Sentencing Council has launched a consultation on its proposed guidelines on sentencing child cruelty.’

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Sentencing Council, 13th June 2017

Source: www.sentencingcouncil.org.uk

Judge warns of costs sanctions for parties that drowned him in skeletons and bundles – Litigation Futures

Posted June 14th, 2017 in costs, drafting, injunctions, news, sanctions, skeleton arguments by sally

‘A High Court judge has described as “absurd” the conduct of parties in an employment dispute that produced thousands of pages in bundles – but only referred to 100 of them – and skeleton arguments more than seven times the expected length.’

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Litigation Futures, 14th June 2017

Source: www.litigationfutures.com

SRA presses ahead with seven-page code of conduct and solicitors practising in unregulated firms – Legal Futures

Posted June 14th, 2017 in news, privilege, professional conduct, solicitors by sally

‘The Solicitors Regulation Authority (SRA) is to press ahead with allowing practising solicitors to deliver unreserved services to the public from unregulated organisations, as part of a radical shake-up of the way it oversees the profession.’

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Legal Futures, 13th June 2017

Source: www.legalfutures.co.uk

CPS statement on the fatal shooting of Jermaine Baker – Crown Prosecution Service

Posted June 14th, 2017 in complaints, firearms, news, police, press releases, prosecutions by sally

‘A CPS spokesperson said: “In December 2016, the CPS received a file from the Independent Police Complaints Commission (IPCC) relating to the fatal shooting of Jermaine Baker on 11 December 2015.”‘

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Crown Prosecution Service, 14th June 2017

Source: www.cps.gov.uk

BSB publishes consultation on new declaration rules for barristers – Bar Standards Board

Posted June 14th, 2017 in barristers, money laundering, news, press releases, remuneration, standards by sally

‘The Bar Standards Board (BSB) has today published a consultation on a new set of proposals to require barristers to declare a range of information about their practice to the regulator every year when applying for their practising certificate. This also includes new and returning barristers.’

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Bar Standards Board, 2th June 2017

Source: www.barstandardsboard.org.uk

New research shows paid McKenzie Friends operating mostly outside the courtroom – The Bar Council

‘ New research undertaken by the Universities of Cardiff and Bristol shows that the bulk of work undertaken by paid McKenzie Friends is delivered outside court, with very few seeking actively to represent their litigant in person clients in the court room.’

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The Bar council, 12th June 2017

Source: www.barcouncil.org.uk

BAILII: Recent Decisions

Posted June 14th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Sharp v Sharp [2017] EWCA Civ 408 (13 June 2017)

The Government of the Republic of France v The Royal Borough of Kensington and Chelsea & Ors [2017] EWCA Civ 429 (12 June 2017)

The Secretary of State for the Home Department v Mosira [2017] EWCA Civ 407 (08 June 2017)

Khan v Secretary of State for the Home Department [2017] EWCA Civ 424 (08 June 2017)

Court of Appeal (Criminal Division)

Markham & Anor v R [2017] EWCA Crim 739 (09 June 2017)

Mirchandani, R (on the prosecution by) v Somaia [2017] EWCA Crim 741 (09 June 2017)

Agera & Anor v R [2017] EWCA Crim 740 (09 June 2017)

High Court (Administrative Court)

Crompton, R (on the application of) v Police and Crime Commissioner for South Yorkshire & Ors [2017] EWHC 1349 (Admin) (09 June 2017)

Hayes, R (on the application of) v City of York Council & Anor [2017] EWHC 1374 (Admin) (09 June 2017)

High Court (Chancery Division)

ESO Capital Luxembourg Holdings II SARL v GSA Invest Management SA & Ors [2017] EWHC 1351 (Ch) (12 June 2017)

Capita Plc & Anor v Darch & Ors [2017] EWHC 1401 (Ch) (12 June 2017)

Makin v News Group Newspapers Ltd [2017] EWHC 1386 (Ch) (12 June 2017)

Lexlaw Ltd v Zuberi [2017] EWHC 1350 (Ch) (09 June 2017)

The Children’s Investment Fund Foundation (UK) v Attorney General & Ors [2017] EWHC 1379 (Ch) (09 June 2017)

BTI 2014 LLC v Sequana SA Antoine & Ors [2017] EWHC 1339 (Ch) (02 June 2017)

High Court (Commercial Court)

IPM Energy Trading Ltd v Carillion Energy Services Ltd [2017] EWHC 1399 (Comm) (13 June 2017)

High Court (Family Division)

F v L [2017] EWHC 1377 (Fam) (09 June 2017)

High Court (Queen’s Bench Division)

Gladwin v Bogescu [2017] EWHC 1287 (QB) (12 June 2017)

High Court (Technology and Construction Court)

Erith Holdings Ltd & Ors v Murphy [2017] EWHC 1364 (TCC) (08 June 2017)

Source: www.bailii.org

UK paternity leave less generous than Iran, Congo and Burkina Faso, study finds – The Independent

Posted June 14th, 2017 in news, paternity leave, statistics by sally

‘Almost thirty countries, including Iran, Congo and Burkina Faso, offer more favourable benefits for new dads than the UK does, according to new analysis.’

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The Independent, 13th June 2017

Source: www.independent.co.uk

Inquiry into child sexual abuse ‘not fit for purpose’, claims victims’ group – The Guardian

Posted June 14th, 2017 in child abuse, inquiries, news, sexual offences, victims by sally

‘A victims’ group has said it is formally withdrawing from the national inquiry into child sexual abuse, claiming the investigation is “not fit for purpose”.
Survivors of Organised and Institutional Abuse (Soia) said it announced the decision with “deep regret” but felt the inquiry was not serving the needs of victims.’

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The Guardian, 13th June 2017

Source: www.theguardian.com