Barrister with history of failing to co-operate with BSB and LeO suspended for two years – Legal Futures

‘A commercial barrister has been suspended from practice for failing to comply with an order of the Legal Ombudsman (LeO) and requests from his own regulator, only two years after a series of similar findings as well as a suspension for handling client money when he should not have done.’

Full story

Legal Futures, 8th May 2017

Source: www.legalfutures.co.uk

Judge criticises ‘inhuman’ separation of elderly couples – BBC News

Posted May 10th, 2017 in care homes, cohabitation, elderly, judges, married persons, news, social services by sally

‘Separating elderly couples against their wishes when one or both move to care homes must end, Britain’s most senior family judge has said.’

Full story

BBC News, 10th May 2017

Source: www.bbc.co.uk

Murderers and rapists could have convictions quashed after police reveal thousands of forensics tests may have been compromised – Daily Telegraph

‘Hundreds of convicted criminals, including some murderers and rapists, could have their convictions quashed after police admitted thousands of forensic tests may have been tampered with.’

Full story

Daily Telegraph, 9th May 2017

Source: www.telegraph.co.uk

Implementing the GDPR in the UK: lessons from Germany? – Panopticon

Posted May 10th, 2017 in data protection, EC law, foreign jurisdictions, news, regulations by sally

‘As we all know, the GDPR is all about the harmonisation of data protection across Europe – hence its form as a regulation (directly effective) rather than a directive (domestic implementing legislation needed). Yes, but: the GDPR leaves an awful lot to member states to implement. For example: exemptions to data subjects’ rights, mechanisms for reconciling data protection and freedom of expression, and the machinery of enforcement by supervisory authorities. Until we have domestic implementing legislation, we can’t fully understand how data protection will work after 25 May 2018.’

Full story

Panopticon, 9th May 2017

Source: www.panopticonblog.com

Texting lorry driver who killed a pensioner has jail term increased – Daily Telegraph

Posted May 10th, 2017 in attorney general, dangerous driving, homicide, judges, news, sentencing by sally

‘A texting lorry driver who was reaching down to tune his radio when he killed a pensioner has had his sentence increased after judges found it was unduly lenient.’

Full story

Daily Telegraph, 9th May 2017

Source: www.telegraph.co.uk

Teenage boy given court care plan to stop him ‘waging jihad’ in Syria – The Guardian

‘A 17-year-old boy whose two older brothers were killed “waging jihad” in Syria is to be protected by a special care plan designed to keep him from following in their footsteps, the high court has been told.’

Full story

The Guardian, 9th May 2017

Source: www.guardian.co.uk

Khloe Kardashian Protein World advert cleared by ASA – BBC News

Posted May 10th, 2017 in advertising, complaints, health, news by sally

‘A Tube ad featuring Khloe Kardashian, by the company behind the controversial “beach body ready” campaign, has been cleared for use.’

Full story

BBC News, 10th May 2017

Source: www.bbc.co.uk

Just Eat faces competition inquiry over Hungryhouse takeover – The Guardian

Posted May 10th, 2017 in competition, food, internet, news, takeovers by sally

‘Just Eat’s proposed takeover of Hungryhouse is facing an in-depth investigation by the competition watchdog over fears restaurants could end up with a worse deal.’

Full story

The Guardian, 10th May 2017

Source: www.guardian.co.uk

New Acts – legislation.gov.uk

Posted May 9th, 2017 in legislation by sally

Criminal Finances Act 2017

Digital Economy Act 2017

Source: www.legislation.gov.uk

Another successful unlawful detention claim – Free Movement

Posted May 9th, 2017 in damages, detention, immigration, news by sally

‘R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23] when dealing with cases involving immigration detention.’

Full story

Free Movement, 9th May 2017

Source: www.freemovement.org.uk

Right to damages for ‘unreasonably’ late insurance claims settlement now in force – OUT-LAW.com

Posted May 9th, 2017 in contracts, damages, delay, financial regulation, insurance, news by sally

‘Business and consumer insurance policyholders may now pursue their insurers in the courts if they do not settle claims within a reasonable amount of time.’

Full story

OUT-LAW.com, 8th May 2017

Source: www.out-law.com

The addition of parties after limitation has expired – Zenith PI

Posted May 9th, 2017 in appeals, law firms, limitations, negligence, news, personal injuries by sally

‘Godfrey Morgan Solicitors (A Firm) v Michael Arms [2017] EWCA Civ 323. The Appellant firm of solicitors appealed against the decision of a first instance appeal which determined that it had been properly added as a Defendant to a claim for professional negligence despite the prior expiry of the relevant limitation period.’

Full story

Zenith PI, 8th May 2017

Source: www.zenithpi.wordpress.com

Duties of care owed by hospital receptionists: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 – Zenith PI

‘Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s basic details. The patient would then be assessed within 30 minutes by a triage nurse, who would decide on the best course of action. Urgent cases would be prioritised.’

Full story

Zenith PI, 9th May 2017

Source: www.zenithpi.wordpress.com

Supreme Court to rule this week on Article 6 and housing decisions – Local Government Lawyer

Posted May 9th, 2017 in appeals, housing, human rights, news, Supreme Court by sally

‘The Supreme Court will this week hand down a key ruling on whether Article 6 of the European Convention on Human Rights, the right to a fair hearing, applies to decisions on entitlement under Part V of the Housing Act 1996.’

Full story

Local Government Lawyer, 8th May 2017

Source: www.localgovernmentlawyer.co.uk

Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs – Litigation Futures

Posted May 9th, 2017 in appeals, costs, expert witnesses, indemnities, insurance, news by sally

‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’

Full story

Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

High Court upholds decision to disapply QOCS in ‘mixed’ claim – Litigation Futures

Posted May 9th, 2017 in civil procedure rules, costs, news, personal injuries by sally

‘The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to “mixed” claims, and in what is said to be the first case of its type, where the personal injury (PI) element was found to be a relatively minor part of the wider claim.’

Full story

Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

The Value of Justice: The Bar Council Manifesto for Justice 2017 – The Bar council

Posted May 9th, 2017 in barristers, civil justice, criminal justice, reports by sally

‘The Bar Council’s General Election 2017 Manifesto for Justice .’

Full manifesto

The Bar Council, 8th May 2017

Source: www.barcouncil.org.uk

BAILII: Recent Decisions

Posted May 9th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Day v Health Education England & Ors [2017] EWCA Civ 329 (05 May 2017)

Cosmetic Warriors Ltd & Anor v Gerrie [2017] EWCA Civ 324 (05 May 2017)

High Court (Commercial Court)

ICICI Bank UK Plc v Mehta & Ors [2017] EWHC 1030 (Comm) (08 May 2017)

Vald. Nielsen Holding A/S & Anor v Baldorino & Ors [2017] EWHC 1033 (Comm) (05 May 2017)

Deutsche Bank AG v Comune Di Savona [2017] EWHC 1013 (Comm) (05 May 2017)

High Court (Family Division)

W (A Child) (No 3), Re [2017] EWHC 1032 (Fam) (05 May 2017)

AD & Ors, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 1026 (Fam) (05 May 2017)

High Court (Queen’s Bench Division)

Simukonda v The Home Office [2017] EWHC 1012 (QB) (05 May 2017)

A v Cornwall Council [2017] EWHC 842 (QB) (28 April 2017)

Source: www.bailii.org

Underage sex considered ‘normal part of growing up’, report warns – The Independent

‘Sexual health services failing to recognise victims of child exploitation and abuse due to expectation that under-16s will be sexually active, Family Education Trust claims.’

Full story

The Independent, 8th may 2017

Source: www.independent.co.uk

‘Monster’ couple jailed for 84 child abuse charges – BBC News

Posted May 9th, 2017 in child abuse, imprisonment, sentencing, sexual offences by sally

‘A couple who subjected children to a decade of sex and drug abuse, including rape, have been jailed.’

Full story

BBC News, 8th May 2017

Source: www.bbc.co.uk