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.’

Full Story

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.’

Full Story

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

‘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.’

Full Story

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.’

Full Story

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

‘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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Law Society's Gazette, 7th June 2017

Source: www.lawgazette.co.uk

Range of factors behind fall in number of defamation cases, says expert – OUT-LAW.com

Posted June 8th, 2017 in data protection, defamation, media, news, statistics by sally

‘A change in the law that makes it more challenging to prove defamation in England and Wales is just one reason why the number of defamation cases brought in the UK fell last year, according to a media law expert.’

Full Story

OUT-LAW.com, 7th June 2017

Source: www.out-law.com

Is it illegal to take a selfie while voting in a polling station? – The Guardian

Posted June 8th, 2017 in elections, news, photography, privacy by sally

‘The rules around photography at elections were not drawn up with social media in mind, so it’s best to keep that phone in your pocket while you vote.’

Full Story

The Guardian, 8th June 2017

Source: www.theguardian.com

Alternative treatment for seriously ill child not in his best interests – UK Human Rights Blog

‘On Thursday 8 June the Supreme Court will be asked to grant permission to appeal in this case of a seriously ill 9 month old child whose parents wish to take him to the USA for experimental treatment that may slow his deterioration.’

Full Story

UK Human Rights Blog, 7th June 2017

Source: ukhumanrightsblog.com

When does a police officer prosecute or commit misfeasance? – UK Police Law Blog

‘It sometimes vexes police lawyers – how the police can be a prosecutor for the purpose of malicious prosecution when it is the Crown Prosecution Service that makes the decision to prosecute. Further, it has not always been easy to identify what acts of officers can result in liability for misfeasance in a public office. In Rees v Commissioner of Police for the Metropolis [2017] EWHC 273 (QB), Mitting J explained both of these – disagreeing with some previous cases and explaining others.’

Full Story

UK Police Law Blog, 7th June 2017

Source: ukpolicelawblog.com

Care home staff guilty of ‘organised and systematic’ abuse of disabled adults – Daily Telegraph

‘Care home bosses could increasingly face prosecution over the neglect of residents after a “groundbreaking” court case into “organised and systematic” abuse.’

Full Story

Daily Telegraph, 7th June 2017

Source: www.telegraph.co.uk

Anti-Muslim hate crimes increase fivefold since London Bridge attacks – The Guardian

Posted June 8th, 2017 in hate crime, Islam, London, news, racism, terrorism by sally

‘The London Bridge attacks have triggered a big spike in hate crimes with a significant amount of them being attacks in the street directed at British Muslims.’

Full Story

The Guardian, 7th June 2017

Source: www.theguardian.com

General Medical Council v Jagjivan and another – WLR Daily

Posted June 7th, 2017 in doctors, jurisdiction, law reports, tribunals by sally

General Medical Council v Jagjivan and another [2017] EWHC 1247 (Admin)

‘Where, at the conclusion of a hearing by the Medical Practitioners Tribunal, a direction under section 35D of the Medical Act 1983 has not been given, on the ordinary wording of section 40A(1)(d) of the Act the tribunal has made a decision not to give a direction under section 35D. Accordingly, where the tribunal has made such a decision, the General Medical Council has jurisdiction to appeal, pursuant to section 40A, against that decision. The words “after determining that the person’s fitness to practise is impaired” are not present at the end of section 40A(1)(d) and do not require to be read into that subsection. Moreover, it would be anomalous if the General Medical Council’s right of appeal were confined to cases where the tribunal had made a finding of impairment or imposed some sanction, and no regard could be had to an erroneous failure by the tribunal to find an impairment of fitness to practise (paras 27, 32).’

WLR Daily, 26th May 2017

Source: www.iclr.co.uk