CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by sally

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

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Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

New fast-track immigration appeal rules proposed – Ministry of Justice

‘A new fast-track system to speed up immigration and asylum appeals for those in detention has been drawn up.’

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Ministry of Justice, 18th April 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Tribunal lays out Clyde & Co’s “glaring” failures – Legal Futures

‘The failures which led to a record fine for Clyde & Co were “particularly glaring” as it was “a large and, previously, reputable firm”, the Solicitors Disciplinary Tribunal (SDT) has declared in approving the sanction.’

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Legal Futures, 19th April 2017

Source: www.legalfutures.co.uk

Fast-track immigrations proposals ‘put speed before justice’ – Law Society’s Gazette

Posted April 19th, 2017 in appeals, asylum, deportation, detention, immigration, Law Society, news, tribunals by sally

‘Accelerating appeals for detained asylum seekers risks putting speed before justice, the Law Society has warned, after justice secretary Liz Truss unveiled a new system she says will save taxpayers an estimated £2.7m.’

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Law Society’s Gazette, 18th April 2017

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted April 19th, 2017 in law reports by sally

Supreme Court

McCann v The State Hospitals Board for Scotland (Scotland) [2017] UKSC 31 (11 April 2017)

Nuclear Decommissioning Authority v EnergySolutions EU Ltd (now called ATK Energy EU Ltd) [2017] UKSC 34 (11 April 2017)

Revenue and Customs v The Investment Trust Companies [2017] UKSC 29 (11 April 2017)

Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32 (11 April 2017)

Times Newspapers Ltd & Ors v Flood & Ors [2017] UKSC 33 (11 April 2017)

SXH v The Crown Prosecution Service (CPS) [2017] UKSC 30 (11 April 2017)

High Court (Family Division)

Case K (No 2), Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 783 (Fam) (12 April 2017)

Cases Y, Z, AA, AB & AC, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 784 (Fam) (12 April 2017)

Benmusa (No 2), Re [2017] EWHC 785 (Fam) (12 April 2017)

Chai v Peng & Ors [2017] EWHC 792 (Fam) (06 April 2017)

Al-Jeffery v Al-Jeffery (Vulnerable adult; British citizen) (No.3) [2017] EWHC 774 (Fam) (05 April 2017)

C (A Child), Re (No 2) (Application for Public Interest Immunity) [2017] EWHC 692 (Fam) (31 March 2017)

B v B (Fertility Treatment: Paperwork Error) [2017] EWHC 599 (Fam) (23 March 2017)

High Court (Patents Court)

Varian Medical Systems International AG v Elekta Ltd & Anor [2017] EWHC 712 (Pat) (06 April 2017)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat) (05 April 2017)

High Court (Queen’s Bench Division)

Pinisetty v Manikonda & Anor [2017] EWHC 838 (QB) (13 April 2017)

RE & Ors v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) (12 April 2017)

Tradition Financial Services Ltd v Gamberoni & Ors [2017] EWHC 768 (QB) (12 April 2017)

Kirchanov & Ors v District Prosecutor’s Office, Blagoevgrad, Bulgaria & Ors [2017] EWHC QB 827 (12 April 2017)

Shaw v Leigh Day (a firm) [2017] EWHC 825 (QB) (11 April 2017)

High Court (Technology and Construction Court)

Leeds Beckett University v Travelers Insurance Company Ltd [2017] EWHC 558 (TCC) (11 April 2017)

Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC) (07 April 2017)

Source: www.bailii.org

Disguised Compliance – Or Undisguised Nonsense? – Family Law Week

Posted April 19th, 2017 in families, legal language, news, social services by sally

‘Paul Hart, barrister of 15 Winckley Square, discusses a term (and its appropriateness) which has become ubiquitous in social work statements in recent years.’

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Family Law Week, 10th April 2017

Source: www.familylawweek.co.uk

City watchdogs could ban ‘irresponsible’ car loans in new investigation – Daily Telegraph

Posted April 19th, 2017 in banking, consumer credit, financial regulation, loans, news by sally

‘”Irresponsible” car loans will be probed by the City watchdog amid suggestion that drivers could soon be made to pass mortgage-style affordability tests before leasing new motors.’

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Daily Telegraph, 18th April 2017

Source: www.telegraph.co.uk

Football child abuse suspects put at 250 – BBC News

Posted April 19th, 2017 in child abuse, inquiries, news, police, sexual offences, sport, victims by sally

‘More than 250 potential suspects and 560 victims have now been identified by officers investigating child sex abuse within football in the UK, police say.’

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BBC News, 19th April 2017

Source: www.bbc.co.uk

£40,000 worth of drugs discovered at ‘unsafe’ Lancashire prison – The Guardian

‘More than 80 prisoners in fear of their safety have sought sanctuary in a special unit in a Lancashire jail inspectors say is the most violent they have visited in recent times.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

Cressida Dick: Met chief will ‘bear down’ on violent crime – BBC News

Posted April 19th, 2017 in crime, London, news, police, statistics, violence, weapons by sally

‘The new commissioner of the Metropolitan Police has promised to “bear down” on large rises in violent crime in London.’

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BBC News, 18th April 2017

Source: www.bbc.co.uk

More than 800 women sue NHS and manufacturers over vaginal mesh implants – The Guardian

Posted April 19th, 2017 in health, news, women by sally

‘More than 800 women are suing the NHS and the manufacturers of vaginal mesh implants after suffering serious complications.’

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The Guardian, 18th April 2017

Source: www.guardian.co.uk

Driver who threatened Jeremy Vine jailed as police say it should serve as a ‘warning’ to road rage drivers – Daily Telegraph

‘A driver who threatened BBC presenter Jeremy Vine has been jailed as police say it should serve as a “warning” to road rage drivers.’

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Daily Telegraph, 18th April 2017

Source: www.telegraph.co.uk

Can President Assad’s wife be deprived of her British citizenship on public good grounds? – Free Movement

Posted April 18th, 2017 in citizenship, married persons, news, public interest, women by sally

‘Liberal Democrat foreign affairs spokesman Tom Brake says that she has supported President Assad’s regime and therefore should be stripped of her British citizenship. It is not said she has personally been involved in any war crimes or similar or to have sanctioned such atrocities. Mr Brake seems to consider that holding and expressing a political opinion — an awful one, let us be clear — is sufficient to justify depriving a person of their citizenship.’

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Free Movement, 17th April 2017

Source: www.freemovement.org.uk

National Union of Teachers eyes legal action over expansion of selective education – Local Government Lawyer

Posted April 18th, 2017 in education, news, teachers, trade unions by sally

‘The National Union of Teachers has threatened legal action against the Department for Education over its proposals to expand selective education.’

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Local Government Lawyer, 18th April 2017

Source: www.localgovernmentlawyer.co.uk

What is the Fixed-term Parliaments Act? – The Guardian

Posted April 18th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Coalition agreement introduced five-year parliaments but act allows for early elections if two-thirds of MPs vote in favour.’

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The Guardian, 18th April 2017

Source: www.guardian.co.uk

Legal threat over ‘back door’ grammar school streams – BBC News

Posted April 18th, 2017 in education, news, teachers, trade unions by sally

‘Legal action to prevent grammar schools expanding by the back door in England is being threatened by a teachers’ union.’

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BBC News, 15th April 2017

Source: www.bbc.co.uk

Water and youth – Nearly Legal

Posted April 18th, 2017 in housing, landlord & tenant, local government, news, rent, water, young persons by sally

‘First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the Council agreeing to repay overcharged water rates for the period 2001-2013 to the tenants. (Our thanks to Serdar Celebi, Cambridge House Law Centre and Tim Baldwin, Garden Court Chambers for the note).’

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Nearly Legal, 16th April 2017

Source: www.nearlylegal.co.uk

Judge says his sacking for posting abusive comments was unfair – The Guardian

Posted April 18th, 2017 in complaints, internet, judges, news, proportionality, unfair dismissal by sally

‘A judge who was sacked for posting abusive comments on news articles about cases he had heard has admitted he was “reckless” but complained that the sanction was “wholly disproportionate and completely unfair”.’

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The Guardian, 13th April 2017

Source: www.guardian.co.uk

Conor Gearty speaks to the Oxford Law Vox about human rights – OUP Blog

Posted April 18th, 2017 in barristers, bills, human rights, news by sally

‘In this episode of the Oxford Law Vox podcast, human rights expert Conor Gearty talks to George Miller about human rights in the UK.’

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OUP Blog, 17th April 2017

Source: www.blog.oup.com

Violence soars by 76% at Government’s flagship prison that models itself on academy schools – The Independent

Posted April 18th, 2017 in education, news, prisons, rehabilitation, reports by sally

‘Violent incidents have soared by 76 per cent in one of the government’s flagship ‘reform prisons’, which were designed to reduce violence and place a greater emphasis on education and rehabilitation.’

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The Independent, 17th April 2017

Source: www.independent.co.uk