Driver jailed for three years for ramming car into cyclist who confronted her for using mobile phone at the wheel – The Independent

‘A motorist who ploughed into a cyclist with her car after he challenged her for using a mobile phone while driving has been jailed for three years.’

Full story

The Independent, 11th May 2017

Source: www.independent.co.uk

Nuisance call firm Keurboom hit with record fine – BBC News

Posted May 11th, 2017 in advertising, complaints, fines, news, nuisance, privacy, telecommunications by sally

‘A cold-calling firm has been fined a record £400,000 by the Information Commissioner’s Office (ICO) for making almost 100 million nuisance calls.’

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BBC News, 11th May 2017

Source: www.bbc.co.uk

Tory election spending: CPS announces it will not charge Conservative candidates amid campaign spending allegations – The Independent

Posted May 11th, 2017 in elections, evidence, expenses, news, political parties, prosecutions by sally

‘The Crown Prosecution Service has announced it will make no charges against Conservative candidates who were alleged to have broken election spending rules.’

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The Independent, 10th May 2017

Source: www.independent.co.uk

General Data Protection Regulation (GPDR) Series, Part 1 – introduction and overview – Technology Law Update

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

‘The General Data Protection Regulation (GPDR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next ten months, several European Union and United States law firms we work very closely with will join us in providing you with more information on the GDPR. Different themes will be tackled month by month to help you prepare for the GDPR deadline.’

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Technology Law Update, 8th May 2017

Source: www.technology-law-blog.co.uk

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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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