Recent Statutory Instruments – legislation.gov.uk

Posted March 20th, 2017 in legislation by sally

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2017

The Tax Credits and Guardian’s Allowance Up-rating etc. Regulations 2017

The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017

The Tax Credits (Definition and Calculation of Income) (Amendment) Regulations 2017

The Child Tax Credit (Amendment) Regulations 2017

The Housing and Planning Act 2016 (Consequential Provisions) (England) Regulations 2017

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2017

The Rent Repayment Orders and Financial Penalties (Amounts Recovered) (England) Regulations 2017

The Planning (Hazardous Substances) (Amendment) Regulations 2017

The Small Business, Enterprise and Employment Act 2015 (Commencement No. 6 and Transitional and Savings Provisions) Regulations 2016 (Amendment) Regulations 2017

The Equality Act 2010 (Taxis and Private Hire Vehicles) (Passengers in Wheelchairs – Notices of Exemption) Regulations 2017

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2017

The North Korea (United Nations Sanctions) (Amendment) Order 2017

The Oil and Gas Authority (Fees and Petroleum Licensing) (Amendment) Regulations 2017

The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017

The Pensions Increase (Modification) Regulations 2017

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2017

The Income Tax (Pay As You Earn) (Amendment) Regulations 2017

The Family Procedure (Amendment) Rules 2017

The Guardian’s Allowance Up-rating Regulations 2017

The Licensing Act 2003 (Miscellaneous Amendments) Regulations 2017

The Bereavement Support Payment Regulations 2017

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 20th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Newcastle Upon Tyne NHS Foundation Trust v Haywood [2017] EWCA Civ 153 (17 March 2017)

ZX, R (on the application of) v The Secretary of State for Justice [2017] EWCA Civ 155 (17 March 2017)

Watermead Parish Council v Aylesbury Vale District Council [2017] EWCA Civ 152 (17 March 2017)

Patterson v Spencer [2017] EWCA Civ 140 (17 March 2017)

High Court (Administrative Court)

Qarani, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 507 (Admin) (17 March 2017)

High Court (Chancery Division)

Inter Export LLC v Townley & Anor [2017] EWHC 530 (Ch) (17 March 2017)

Hand & Anor v George [2017] EWHC 533 (Ch) (17 March 2017)

Chuku v Chuku [2017] EWHC 541 (Ch) (17 March 2017)

High Court (Commercial Court)

Midtown Acquisitions LP v Essar Global Fund Ltd [2017] EWHC 519 (Comm) (17 March 2017)

High Court (Family Division)

B (A Child by her Guardian), Re [2017] EWHC 488 (Fam) (15 March 2017)

Source: www.bailii.org

Local authority alert sees family barrister fined over data security failings – Local Government Lawyer

‘A senior family law and Court of Protection barrister has been fined £1,000 by the Information Commissioner’s Office for failing to keep clients’ sensitive personal information secure.’

Full story

Local Government Lawyer, 17th March 2017

Source: www.localgovernmentlawyer.co.uk

Budgeting uncertainty set to roll on until Merrix appeal – Litigation Futures

Posted March 20th, 2017 in appeals, budgets, costs, news, reasons, stay of proceedings by sally

‘The fall-out is continuing from the recent High Court decision that budgets bind the parties at detailed assessment unless there is good reason not to, although it seems clear that parties are waiting for a definitive ruling from the Court of Appeal.’

Full story

Litigation Futures, 16th March 2017

Source: www.litigationfutures.com

MPs launch inquiry into government’s personal injury reforms – Legal Futures

‘MPs on the justice select committee have launched a “short” inquiry into the personal injury reforms contained in the Prisons and Courts Bill. The announcement comes ahead of the bill’s second reading – during which the principles behind it will be debated – on Monday.’

Full story

Legal Futures, 17th march 2017

Source: www.legalfutures.com

News focus: ‘Virtual justice’ and the IT panacea – Law Society’s Gazette

‘Just over six years ago, a taxpayer funded independent study of a pilot “virtual court” concluded that: “A rollout based on the pilot’s performance and parameters is likely to cost more money than it saves. A break-even scenario may be achieved, but this is still likely to be a challenge.” ‘

Full story

Law Society’s Gazette, 20th March 2017

Source: www.lawgazette.co.uk

Parental Alienation – learning from other jurisdictions and other disciplines – Family Law Week

Posted March 20th, 2017 in contact orders, families, foreign jurisdictions, news by sally

‘Joanna Abrahams, Head of Family Law, Setfords, considers possible ways to overcome problems of parental alienation.’

Full story

Family Law Week, 19th March 2017

Source: www.familylawweek.co.uk

Police wind up Sir Edward Heath sex abuse inquiry – Daily Telegraph

Posted March 20th, 2017 in child abuse, inquiries, news, police, private investigators, sexual offences by sally

‘The £1  million police investigation into allegations that Sir Edward Heath was a paedophile is being wound up amid claims it has found no evidence to justify tarnishing the former prime minister’s reputation.’

Full story

Daily Telegraph, 18th March 2017

Source: www.telegraph.co.uk

Greedy treasurer jailed for selling sea rescue charity’s lifeboat on eBay – Daily Telegraph

‘A “greedy” treasurer sank her own sea rescue charity after selling its lifeboat on eBay.’

Full story

Daily Telegraph, 19th March 2017

Source: www.telegraph.co.uk

Dozens of crimes against MPs reported – BBC News

‘A police team created to handle crimes against MPs has dealt with 53 complaints since the murder of Jo Cox.’

Full story

BBC News, 19th March 2017

Source: www.bbc.co.uk

New evidence links 1970s pregnancy test drug to life-changing birth defects – The Independent

Posted March 20th, 2017 in compensation, documents, medicines, news, personal injuries, pregnancy, victims by sally

‘New evidence has emerged linking the hormone-based drug Primodos to severe deformities or abnormalities in children, sparking fresh hope for families who have been campaigning for decades for compensation from its manufacturer.’

Full story

The Independent, 19th March 2017

Source: www.independent.co.uk

Rape victims to be spared ordeal of cross-examination in court – The Guardian

Posted March 20th, 2017 in cross-examination, news, rape, sexual offences, trials, victims, video recordings by sally

‘New measures to spare alleged rape victims from facing live cross-examination in court will be rolled out as part of changes being made by the justice secretary.’

Full story

The Guardian, 19th March 2017

Source: www.guardian.co.uk

Greater protection for rape victims and children at risk of grooming – Ministry of Justice

‘New offence of sexual communication with a child will be introduced, and measures to support victims of sex crimes accelerated.’

Full press release

Ministry of Justice, 19th March 2017

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

NHS whistleblowers will get compensation if blacklisted by health service – Daily Telegraph

Posted March 20th, 2017 in compensation, employment, health, news, tribunals, whistleblowers by sally

‘NHS whistleblowers will be entitled to compensation if they are stopped from getting new jobs in the health service because of their disclosures, the government will announce.’

Full story

Daily Telegraph, 20th March 2017

Source: www.telegraph.co.uk

Mother jailed for hiding baby’s death in 2005 – BBC News

Posted March 17th, 2017 in concealing birth, news, sentencing by sally

‘A mother has been jailed for 21 months for covering up the death of her baby son for more than a decade.’

Full story

BBC News, 17th March 2017

Source: www.bbc.co.uk

Tennis coach father John De’Viana cleared of cruelty – BBC News

Posted March 17th, 2017 in child abuse, news, sport by sally

‘A tennis coach father who was accused of abusing his daughters in a bid to make them champions of Wimbledon has been cleared of mistreating them.’

Full story

BBC News, 17th March 2017

Source: www.bbc.co.uk

Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews – UK Constitutional Law Association

Posted March 17th, 2017 in immigration, judicial review, news by sally

‘Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. Immigration-related cases have, for a long time now, presented serious difficulties to the efficient management of the judicial review system in the UK.’

Full story

UK Constitutional Law Association, 16th March 2017

Source: www.ukconstitutionallaw.org/blog

Discretionary Housing Payments and long term awards – Nearly Legal

Posted March 17th, 2017 in benefits, disabled persons, housing, judicial review, news by sally

‘R (on the application of Halvai) v Hammersmith and Fulham LBC (2017) QBD (Admin) (Sara Cockerill QC) 09/03/2017. This was a judicial review of H&F’s refusal of Discretionary Housing Payments to Ms H. Ms H has severe autism and learning and behavioural difficulties. She requires one-to-one care, suffered from extreme anxiety and so had vital and complex accommodation needs, including a very quiet environment.’

Full story

Nearly Legal, 14th March 2017

Source: www.nearlylegal.co.uk

CREDIT HIRE IN THE COURT OF APPEAL AGAIN – MCBRIDE –v- UK INSURANCE LIMITED; CLAYTON –v- EUI LIMITED [2017] EWCA Civ 144 – Zenith PI Blog

Posted March 17th, 2017 in insurance, news, road traffic by sally

‘As Flax LJ neatly states at the beginning of his leading unanimous Judgment, “These two appeals are the latest round in the long-running battle between the motor insurance market and the credit hire companies”. Both appeals concerned the question of the correct approach to the assessment of damages in respect of a pecunious claimant.’

Full story

Zenith PI Blog, 16th March 2017

Source: www.zenithpi.wordpress.com

BAILII: Recent Decisions

Posted March 17th, 2017 in law reports by sally

Court of Appeal (Civil Division)

NA (Libya) v Secretary of State for the Home Department [2017] EWCA Civ 143 (16 March 2017)

Court of Appeal (Criminal Division)

Hamer, R v [2017] EWCA Crim 192 (16 March 2017)

High Court (Administrative Court)

Clarke v General Optical Council [2017] EWHC 521 (Admin) (16 March 2017)

Zada v The Deputy Public Prosecutor of the Court of Trento, Italy [2017] EWHC 513 (Admin) (16 March 2017)

High Court (Queen’s Bench Division)

Thefaut v Johnston [2017] EWHC 497 (QB) (14 March 2017)

High Court (Technology and Construction Court)

Celtic Bioenergy Ltd v Knowles Ltd [2017] EWHC 472 (TCC) (16 March 2017)

Hutton Construction Lted v Wilson Properties (London) Ltd [2017] EWHC 517 (TCC) (16 March 2017)

Brophy v Vodafone Ltd [2017] EWHC B9 (TCC) (15 March 2017)

Source: www.bailii.org