Watchdog finds £3bn in child support arrears may never be collected – The Guardian

‘At least £3bn in child maintenance payments ordered by the former Child Support Agency (CSA) may never be paid, the Whitehall spending watchdog has said.’

Full story

The Guardian, 28th March 2017

Source: www.guardian.co.uk

Tesco fined £129m for overstating profits – BBC News

‘Tesco has agreed to pay a fine of £129m to avoid prosecution for overstating its profits in 2014.’

Full story

BBC News, 28th March 2017

Source: www.bbc.co.uk

Snooping by police to be monitored by independent authority – The Guardian

‘A new independent surveillance procedure to prevent police officers granting themselves permission to access personal emails and records of web-browsing history is being established by the government.’

Full story

The Guardian, 28th March 2017

Source: www.guardian.co.uk

£1,200 cost for unfair dismissal claims is challenged in UK’s highest court – The Guardian

‘Steep rises in fees for bringing unfair dismissal claims at employment tribunals – which have led to a 70% fall in the number of cases – are to be challenged at the UK’s highest court.’

Full story

The Guardian, 27th march 2017

Source: www.guardian.co.uk

Former Adams family gang boss loses cash case appeal – BBC News

Posted March 27th, 2017 in appeals, certificates of inadequacy, confiscation, disclosure, gangs, London, news by sally

‘Former gangster Terry Adams has lost his appeal over how much he must repay from his days of crime.’

Full story

BBC News, 27th March 2017

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 27th, 2017 in law reports by sally

Supreme Court

N v ACCG & Ors [2017] UKSC 22 (22 March 2017)

AIG Europe Ltd v Woodman & Ors [2017] UKSC 18 (22 March 2017)

BPE Solicitors & Anor v Hughes-Holland (in substitution for Gabriel) (Rev 1) [2017] UKSC 21 (22 March 2017)

Gordon v Scottish Criminal Cases Review Commission (Scotland) [2017] UKSC 20 (22 March 2017)

Financial Conduct Authority v Macris [2017] UKSC 19 (22 March 2017)

Court of Appeal (Civil Division)

Paton v Rosesilver Group Corp [2017] EWCA Civ 158 (24 March 2017)

Owens v Owens [2017] EWCA Civ 182 (24 March 2017)

Turley v London Borough of Wandsworth & Anor [2017] EWCA Civ 189 (24 March 2017)

Harrod & Ors v Chief Constable of West Midlands Police & Ors [2017] EWCA Civ 191 (24 March 2017)

Willmott v The Rotherham NHS Foundation Trust [2017] EWCA Civ 181 (23 March 2017)

Ilkerler Otomotiv & Anor v Perkins Engines Company Ltd [2017] EWCA Civ 183 (23 March 2017)

Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 (23 March 2017)

Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 (23 March 2017)

London Borough of Islington v Dyer [2017] EWCA Civ 150 (22 March 2017)

Dove v London Borough of Havering [2017] EWCA Civ 156 (22 March 2017)

AM (Pakistan) & Ors v Secretary of State for the Home Department [2017] EWCA Civ 180 (22 March 2017)

Clutterbuck & Anor v Cleghorn (As Judicial Factor To the Estate of Nichol) [2017] EWCA Civ 137 (21 March 2017)

Synthon BV v Teva Pharmaceutical Industries Ltd [2017] EWCA Civ 148 (21 March 2017)

Takhar v Gracefield Developments Ltd & Ors [2017] EWCA Civ 147 (21 March 2017)

Court of Appeal (Criminal Division)

Johnson v R (Rev 1) [2017] EWCA Crim 191 (16 March 2017)

High Court (Administrative Court)

Botan, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 550 (Admin) (24 March 2017)

Haigh v Westminster Magistrates’ Court (Costs) [2017] EWHC 559 (Admin) (22 March 2017)

BS v Court of First Instance Brussels (Belgium) [2017] EWHC 571 (Admin) (22 March 2017)

The Environment Agency v Barrass & Ors [2017] EWHC 548 (Admin) (21 March 2017)

Barton v Secretary of State for Communities and Local Government & Anor [2017] EWHC 573 (Admin) (20 March 2017)

High Court (Chancery Division)

Baugniet v Capita Employee Benefits Ltd (t/a Teachers’ Pensions) & Anor [2017] EWHC 501 (Ch) (20 March 2017)

High Court (Commercial Court)

Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC [2017] EWHC 520 (Comm) (23 March 2017)

High Court (Family Division)

HB v A Local Authority & Anor (Wardship – Costs Funding Order) [2017] EWHC 524 (Fam) (21 March 2017)

H (A Child), Re (Interim Care Order : fact finding) [2017] EWHC 518 (Fam) (16 March 2017)

High Court (Patents Court)

Teva UK Ltd & Ors v Merck Sharp & Dohme Corporation [2017] EWHC 539 (Pat) (21 March 2017)

High Court (Queen’s Bench Division)

Richards v Investigatory Powers Tribunal & Ors [2017] EWHC 560 (QB) (24 March 2017)

Sullivan v Guy’s and St Thomas’ NHS Foundation Trust [2017] EWHC 602 (QB) (24 March 2017)

Lyons v Fox Williams LLP [2017] EWHC 532 (QB) (23 March 2017)

Rahmatullah v Ministry of Defence & Anor [2017] EWHC 547 (QB) (22 March 2017)

Whyatt & Ors v Powell & Anor [2017] EWHC 484 (QB) (17 March 2017)

Lisle-Mainwaring v Associated Newspapers Ltd & Anor [2017] EWHC 543 (QB) (17 March 2017)

High Court (Technology and Construction Court)

Bombardier Transportation Ltd v Merseytravel [2017] EWHC 575 (TCC) (24 March 2017)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 27th, 2017 in legislation by sally

The Individual Savings Account (Amendment No. 2) Regulations 2017

The Serious Crime Act 2015 (Commencement No. 6) Regulations 2017

The Water Supply Licence and Sewerage Licence (Modification of Standard Conditions) Order 2017

The Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017

The Town and Country Planning (Brownfield Land Register) Regulations 2017

The Town and Country Planning (Permission in Principle) Order 2017

The Offshore Installations (Safety Zones) (No. 2) Order 2017

The National Minimum Wage (Amendment) Regulations 2017

The Nuclear Industries Security (Amendment) Regulations 2017

The Water Act 2014 (Commencement No. 9 and Transitional Provisions) Order 2017

The Childcare (Provision of Information About Young Children) (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Bar Council issues warning over plan for extended court sittings – Litigation Futures

Posted March 27th, 2017 in barristers, children, courts, diversity, news, pilot schemes, women by sally

‘Forthcoming plans for courts to start earlier and finish later will disadvantage barristers with children and do not take account of the cab-rank rule, the Bar Council has warned.’

Full story

Litigation Futures, 24th March 2017

Source: www.litigationfutures.com

BSB announces decision on the future of Bar training – Bar Standards board

‘At its Board meeting last night, the Bar Standards Board (BSB) decided that it will authorise a limited number of future training routes for prospective students to qualify as barristers. One of these is likely to be a new training course, which has been proposed by the Council of the Inns of Court (COIC) and the Bar Council. The Board also agreed a Policy Statement setting out its vision for the future of Bar training.’

Full press release

Bar Standards Board, 24th March 2017

Source: www.barstandardsboard.org.uk

Court of Appeal ruling prompts renewed no-fault divorce plea – Law Society’s Gazette

Posted March 27th, 2017 in appeals, divorce, families, legislation, news by sally

‘The Court of Appeal has acknowledged that a wife who today lost her appeal to overturn the Central Family Court’s refusal to grant her a divorce will be left in a “very unhappy situation”, prompting renewed calls for “outdated” divorce law to be reformed.’

Full story

Law Society’s Gazette, 24th March 2017

Source: www.lawgazette.co.uk

Ilott – Upholding Testamentary Freedom – Family Law Week

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

Full story

Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

Maintenance, Needs and Fairness – Family Law Week

Posted March 27th, 2017 in divorce, financial provision, legislation, news, periodical payments, Scotland by sally

‘Amy Scollan, Associate, Hunters Solicitors considers the issue of “fairness” in relation to maintenance and variations of maintenance.’

Full story

Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

WhatsApp must be accessible to authorities, says Amber Rudd – The Guardian

‘Amber Rudd has called for the police and intelligence agencies to be given access to WhatsApp and other encrypted messaging services to thwart future terror attacks, prompting opposition politicians and civil liberties groups to say her demand was unrealistic and disproportionate.’

Full story

The Guardian, 26th March 2017

Source: www.guardian.co.uk

DPP accuses judge of ‘victim-blaming’ in sex assault cases – The Guardian

Posted March 27th, 2017 in alcohol abuse, Crown Prosecution Service, judges, news, rape, victims by sally

‘The head of the Crown Prosecution Service has launched a public attack on a sitting judge, accusing him of “victim-blaming” and peddling “discredited rape myths”.’

Full story

The Guardian, 26th March 2017

Source: www.guardian.co.uk

‘Handbags in the cul-de-sac’: Judge accuses neighbours of ‘acting like immature teenagers’ in boundary row – Daily Telegraph

‘A judge accused warring neighbours of having “handbags in the cul-de-sac” after an 81-year-old man attacked a man living next door with a rounders bat.’

Full story

Daily Telegraph, 26th March 2017

Source: www.telegraph.co.uk

Terminally ill men to hear if assisted dying ban will be reviewed – The Guardian

Posted March 27th, 2017 in assisted suicide, disabled persons, human rights, judicial review, news by sally

‘Two terminally ill men are expecting to hear this week whether they will be granted permission for a judicial review of the ban on assisted dying which, they say, prevents them from ending their lives without protracted pain.’

Full story

The Guardian, 27th March 2017

Source: www.guardian.co.uk

BT fined record £42m for late installations – BBC News

Posted March 27th, 2017 in compensation, delay, fines, news, telecommunications by sally

‘BT has been hit with a £42m fine from telecoms regulator Ofcom and will also pay £300m to corporate customers for delays in installing high-speed lines.’

Full story

BBC News, 27th March 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 24th, 2017 in legislation by sally

The National Health Service (Mandate Requirements) Regulations 2017

The Gas and Electricity (Consumer Complaints Handling Standards) (Amendment) Regulations 2017

The Universal Credit (Tenant Incentive Scheme) Amendment Regulations 2017

The Limited Liability Partnerships (Reporting on Payment Practices and Performance) Regulations 2017

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Revocation) and the NHS Foundation Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2017

The Immigration (Health Charge) (Amendment) Order 2017

The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

The Reporting on Payment Practices and Performance Regulations 2017

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2017

The Immigration and Nationality (Fees) (Amendment) Order 2017

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017

The Financial Services and Markets Act 2000 and the Financial Services (Banking Reform) Act 2013 (Disclosure of Confidential Information) (Amendment) Regulations 2017

The Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Merrix v Heart of England NHS Foundation Trust – Litigation Futures

Posted March 24th, 2017 in budgets, civil procedure rules, costs, news by sally

‘The issue of costs budgets continues to occupy court time with The Honourable Mrs Justice Carr DBE the latest, and most senior, judge to give consideration to what, if any, weight an approved costs budget had when the bill of costs was the subject of a detailed assessment.’

Full story

Litigation Futures, 22nd March 2017

Source: www.litigationfutures.com

Councils struggle to meet duties under Children Act – Local Government Lawyer

Posted March 24th, 2017 in children, local government, news, statutory duty by sally

‘Some local authorities are no longer fulfilling their statutory duties to children and nearly nine out of ten local authorities are finding it “increasingly challenging”, according to a new report from the All Party Parliamentary Group on Children.’

Full story

Full report

Local Government Lawyer, March 2017

Source: www.localgovernmentlawyer.co.uk