Current Awareness

‘A local authority did not have good reason for departing from statutory guidance requiring it to provide accommodation and support to an unaccompanied young person pending a lawful age assessment, a High Court judge has ruled.’

Full story

Local Government Lawyer, 27th February 2017

Source: www.localgovernmentlawyer.co.uk

Adherence to Wells ruling meant discount rate cut was only option, says Truss – Litigation Futures

Posted February 28th, 2017 in consultations, damages, interest, news, personal injuries by sally

‘The “faithful application” of the principles set down by the House of Lords in Wells v Wells was the reason Lord Chancellor Liz Truss rejected calls to take a “mixed portfolio” approach to setting the discount rate, in a move one leading observer suggested showed “nimble political footwork”.’

Full story

Litigation Futures, 28th February 2017

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted February 28th, 2017 in law reports by sally

High Court (Administrative Court)

Davey, R (On the Application Of) v Oxfordshire County Council [2017] EWHC 354 (Admin) (27 February 2017)

Aviva Life & Pensions (UK) Ltd, R (On the Application Of) v McCulloch & Anor [2017] EWHC 352 (Admin) (27 February 2017)

Full Circle Asset Management Ltd v Financial Ombudsman Service Ltd & Ors [2017] EWHC 323 (Admin) (24 February 2017)

Cummings, R (on the application of) v Secretary of State for Justice [2017] EWHC 266 (Admin) (24 February 2017)

Vilionis v Vilnius County Court Lithuania & Anor [2017] EWHC 336 (Admin) (24 February 2017)

Zapala v The Circuit Court, Warsaw, Poland [2017] EWHC 322 (Admin) (24 February 2017)

Harding, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 358 (Admin) (24 February 2017)

Director of Public Prosecutions v Smith [2017] EWHC 359 (Admin) (24 February 2017)

Jollah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 330 (Admin) (24 February 2017)

Winters v Secretary of State for Communities And Local Government & Anor [2017] EWHC 357 (Admin) (24 February 2017)

Obert v Public Prosecutor’s Office of Appeal of Ioannina, Greece [2017] EWHC 303 (Admin) (24 February 2017)

District Court In Litomerice, Czech Replublic v Kolman [2017] EWHC 302 (Admin) (24 February 2017)

S, R (on the application of) v London Borough of Croydon & Anor [2017] EWHC 265 (Admin) (24 February 2017)

Barry Thorpe-Smith & Anor v Secretary of State for Communities And Local Government & Anor [2017] EWHC 356 (Admin) (24 February 2017)

Noye, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 267 (Admin) (24 February 2017)

PA v Criminal Court Coimbra (Portugal) (Rev 1) [2017] EWHC 331 (Admin) (22 February 2017)

Dabrowski v Regional Court In Radom (Poland) [2017] EWHC 179 (Admin) (21 February 2017)

Archer, R v HM Revenue and Customs [2017] EWHC 296 (Admin) (21 February 2017)

Wallace, R (On the Application Of) v Parole Board for England And Wales [2017] EWHC 295 (Admin) (21 February 2017)

Osman, R (on the application of) v London Borough of Harrow [2017] EWHC 274 (Admin) (21 February 2017)

High Court (Chancery Division)

Champagne Louis Roederer (CLR) (Roederer) v J Garcia Carrion SA & Ors [2017] EWHC 289 (Ch) (23 February 2017

Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2017] EWHC 258 (Ch) (21 February 2017)

Roberts & Anor v Fresco [2017] EWHC 283 (Ch) (17 February 2017)

Henchley & Ors v Thompson [2017] EWHC 225 (Ch) (16 February 2017)

Burton & Anor v Bowdery & Ors [2017] EWHC 208 (Ch) (16 February 2017)

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2017] EWHC 257 (Ch) (16 February 2017)

Onzm & Anor v Watson & Ors [2017] EWHC 256 (Ch) (16 February 2017)

Fielding & Anor v Hunt [2017] EWHC 247 (Ch) (15 February 2017)

Anderson Properties Ltd v Blyth Liggins (a firm) [2017] EWHC 244 (Ch) (15 February 2017)

Argos Ltd v Argos Systems Inc [2017] EWHC 231 (Ch) (15 February 2017)

Twin Benefits Ltd v Barker & Anor [2017] EWHC 177 (Ch) (13 February 2017)

Roshan v Singh & Ors [2017] EWHC 176 (Ch) (13 February 2017)

Patel v Patel [2017] EWHC 133 (Ch) (10 February 2017)

BTI 2014 LLC v Sequana SA & Ors [2017] EWHC 211 (Ch) (10 February 2017)

Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC 217 (Ch) (10 February 2017)

Source: www.bailii.org

How to prevent a Decree being made Absolute – Family Law Week

Posted February 28th, 2017 in divorce, family courts, news by sally

‘Byron James, barrister, Expatriate Law (Dubai) / Fourteen, reviews the law, practice and procedure relating to the prevention of a decree made absolute in divorce proceedings.’

Full story

Family Law Week, 21st February 2017

Source: www.familylawweek.co.uk

MoJ confirms hike in probate fees – Law Society’s Gazette

Posted February 28th, 2017 in consultations, courts, fees, news, probate by sally

‘The Ministry of Justice has confirmed a massive overhaul in probate charges, which will see some estates charged up to £20,000. From May this year, subject to parliamentary approval, the MoJ is planning to introduce a sliding scale of charges for probate fees to replace the current flat fees.’

Full story

Law Society’s Gazette, 27th February 2017

Source: www.lawgazette.co.uk

Domestic violence evidence requirement removed – Law Society’s Gazette

Posted February 28th, 2017 in domestic violence, evidence, legal aid, news, time limits, victims by sally

‘The Law Society has welcomed the government’s decision to remove a time limit for evidence that will make it easier for domestic violence victims to qualify for legal aid.’

Full story

Law Society’s Gazette, 27th February 2017

Source: www.lawgazette.co.uk

Payday loans complaints rise 22% despite FCA clampdown – The Guardian

Posted February 28th, 2017 in banking, complaints, consumer credit, financial regulation, insurance, news, statistics by sally

‘Complaints to the financial ombudsman about payday loans have risen to almost 200 a week – and not all of those experiencing problems necessarily fit the image of low-income borrowers relying on short-term loans to get by.’

Full story

The Guardian, 28th February 2017

Source: www.guardian.co.uk

Deportation of student halted hours before she was due to board plane – The Guardian

Posted February 28th, 2017 in asylum, deportation, immigration, news, universities by sally

‘A talented student is hoping to finish her course at a British university after coming within hours of being removed from the UK by immigration officials.’

Full story

The Guardian, 28th February 2017

Source: www.guardian.co.uk

23,000 allegations of elderly abuse by carers resulted in just 15 prosecutions, BBC investigation finds – Daily Telegraph

Posted February 28th, 2017 in carers, complaints, elderly, news, prosecutions, reports by sally

‘More than 23,000 allegations of abuse by home care workers against elderly and vulnerable people were made in the last three years, yet just 15 people were prosecuted as a result, new figures show.’

Full story

Daily Telegraph, 28th February 2017

Source; www.telegraph.co.uk

Police officers who delayed attending a 999 call to go to McDonald’s ‘likely to keep their jobs’ – Daily Telegraph

Posted February 28th, 2017 in complaints, disciplinary procedures, emergency services, news, police, professional conduct by sally

‘Two police officers who delayed attending a 999 call about a suicide to get refreshments from McDonald’s are likely to keep their jobs, a disciplinary hearing has ruled.’

Full story

Daily Telegraph, 28th February 2017

Source: www.telegraph.co.uk

GPs urgently examine 173 cases of patients who may have been harmed after massive NHS data loss – The Independent

Posted February 28th, 2017 in data protection, doctors, documents, health, news by sally

‘The cases of 173 patients are being urgently examined to see if they have suffered harm after the loss of 500,000 pieces of NHS data, MPs have been told.’

Full story

The Independent, 27th February 2017

Source: www.independent.co.uk

Do not jail all paedophiles, says police chief – BBC News

Posted February 28th, 2017 in cautions, child abuse, criminal justice, imprisonment, indecent photographs of children, news, police, rehabilitation, sentencing, sexual grooming, sexual offences by sally

‘Paedophiles who view indecent images but go no further should not be jailed but rehabilitated, a leading child protection police officer has said.’

Full story

BBC News, 28th February 2017

Source: www.bbc.co.uk

Watchdog forces BT to cut 2m users’ phone bills by £5 per month – Daily Telegraph

Posted February 28th, 2017 in competition, elderly, news, telecommunications by sally

‘Watchdog Ofcom will force BT to cut phone bills of 2m customers by at least £5 per month, saying competition has failed a “vulnerable” group of elderly customers.’

Full story

Daily Telegraph, 28th February 2017

Source: www.telegraph.co.uk

Criminal justice agencies at risk of failing young victims of crime – Victims’ Commissioner

Posted February 27th, 2017 in codes of practice, criminal justice, press releases, victims, young persons by sally

‘Criminal justice agencies are at risk of failing children and young people who come forward to report crimes because they are not being taken seriously, Victims’ Commissioner has today warned.’

Full press release

Victims’ Commissioner, 22nd Febraury 2017

Source: http://victimscommissioner.org.uk

Neuberger: “Barristers increasingly shunning judicial careers” – Litigation Futures

Posted February 27th, 2017 in judiciary, legal aid, legal profession, litigants in person, news, rule of law, Supreme Court by sally

‘If a career on the bench is not made more attractive financially, the rule of law could be undermined, and with it lucrative industries vital to post-Brexit economic prosperity, the departing president of the Supreme Court has warned.’

Full story

Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

High Court: costs budget DOES trump detailed assessment – Litigation Futures

Posted February 27th, 2017 in appeals, budgets, civil procedure rules, costs, judges, judgments, news, stay of proceedings by sally

‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’

Full story

Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

Speech by Mr Justice Singh: Divided by a common language – American and British perspectives on constitutional law – Courts and Tribunals Judiciary

Posted February 27th, 2017 in constitutional law, foreign jurisdictions, freedom of expression, judges, judiciary, legal history, legal language, legislative drafting, speeches by sally

‘Divided by a common language: American and British perspectives on constitutional law.’

Full speech

Courts and Tribunals Judiciary, 27th February 2017

Source: www.judiciary.gov.uk

BSB announces new regulatory approach to improve advocacy standards within Youth Courts – Bar Standards Board

Posted February 27th, 2017 in advocacy, barristers, legal representation, press releases, standards, youth courts by sally

‘At its Board meeting last night, the Bar Standards Board (BSB) agreed new measures to improve standards of advocacy within Youth Courts. The regulator today published new guidance for barristers working in youth proceedings based on a set of essential competences that are expected of all advocates working with young people.’

Full press release

Bar Standards Board, 24th February 2017

Source: www.barstandardsboard.org.uk

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