Judy Dawson discusses another case involving incorrect Court fees paid and whether this gifts the Defendant a limitation defence – Park Square Barristers

Posted February 17th, 2017 in damages, fees, limitations, news by sally

‘In January 2016 I discussed the case of Lewis v Ward Hadaway [2015] EWCA 3503 (Ch) and the possible avenues for Defendants to counter a practice which was at least perceived to be increasing of Claimant solicitors issuing Claim Forms for values below the actual value of the claim, in order to delay the payment of higher Court Fees.’

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Park Square Barristers, 13th January 2017

Source: www.parksquarebarristers.co.uk

Officials “exceeded powers” when barring demonstrators from entering court – Local Government Lawyer

Posted February 17th, 2017 in courts, demonstrations, HM Courts Service, news, public order by sally

‘Court officials exceeded their powers when they barred supporters of the founder of the Fathers 4 Justice pressure group from entering Aldershot Magistrates Court.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

When is relief from forfeiture available? – Tanfield Chambers

Posted February 17th, 2017 in canals, estoppel, forfeiture, licensing, news, water by sally

‘Property analysis: Is relief from forfeiture only available to claimants with proprietary or possessory rights? Barrister Robert Bowker, of Tanfield Chambers, considers the recent High Court decision in General Motors UK v Manchester Ship Canal Company.’

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Tanfield Chambers, 26th January 2017

Source: www.tanfieldchambers.co.uk

The legal landscape on cybersecurity is changing with stiffer fines for breaches on the way, says expert – OUT-LAW.com

Posted February 17th, 2017 in data protection, EC law, fines, news, notification by sally

‘Organisations face stiffer obligations on the security measures they must put in place to prevent their systems and data being compromised as well as new duties to disclose major incidents or breaches they experience.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Shoplifter spared jail after applying to go on The Jeremy Kyle Show to seek help – Daily Telegraph

‘A serial shoplifter has avoided prison after magistrates heard he is applying to appear on The Jeremy Kyle Show to seek help.’

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Daily Telegraph, 16th February 2017

Source: www.telegraph.co.uk

Woman guilty of ‘horrific’ Sheffield murder – BBC News

Posted February 17th, 2017 in murder, news by sally

‘A woman has been found guilty of the “horrific” murder of a man after taking drugs at a house in Sheffield.’

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BBC News, 16th February 2017

Source: www.bbc.co.uk

Law firm insurer fails in High Court bid to recover property fraud losses from solicitor – Legal Futures

Posted February 17th, 2017 in fraud, insurance, money laundering, news, solicitors by sally

‘A highly experienced solicitor who breached the Money Laundering Regulations 2007 in a property transaction that led to a £500,000 fraud did not act dishonestly, the High Court has ruled.’

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Legal Futures, 17th February 2017

Source: www.legalfutures.co.uk

Kirklees council breached parents’ human rights by removing baby – The Guardian

Posted February 17th, 2017 in care orders, human rights, local government, news, parental responsibility by sally

‘Social workers have been accused of breaching the human rights of a couple after their week-old baby was taken off them in hospital when the father praised “the benefits of formula milk”.’

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The Guardian, 16th February 2017

Source: www.guardian.co.uk

Domestic abuse victims wait nearly two years for compensation – The Guardian

Posted February 17th, 2017 in compensation, domestic violence, news, statistics, victims by sally

‘Domestic violence victims are waiting almost two years on average to receive compensation for abuse they have suffered, government statistics have revealed.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

‘Keep sex abuse dad’s name off my wedding certificate’ – BBC News

Posted February 17th, 2017 in bills, child abuse, families, marriage, news by sally

‘If Jenny ever gets married, there will be no dad walking her down the aisle and, if she gets her way, no mention of him on her marriage certificate either.’

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BBC News, 17th February 2017

Source: www.bbc.co.uk

DJ jailed for chopping off man’s finger with meat cleaver after he posts video of ‘barbaric’ attack on Snapchat – Daily Telegraph

Posted February 17th, 2017 in news, sentencing, wounding by sally

‘A DJ who cut off a man’s finger with a meat cleaver was caught by his own video when he filmed himself saying: “See that? I chopped that off.”‘

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Daily Telegraph, 16th February 2017

Source: www.telegraph.co.uk

Supreme court seeks new judges who will ‘improve its diversity’ – The Guardian

Posted February 17th, 2017 in diversity, judiciary, news, Supreme Court by sally

‘The supreme court began its search for three new judges on Thursday, seeking members who will “improve the diversity of the court”.’

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The Guardian, 16th February 2017

Source: www.guardian.co.uk

New Untraced Drivers Agreement in force after 1st March 2017 – Park Square Barristers

‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’

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Park Square Barristers, 8th February 2017

Source: www.parksquarebarristers.co.uk

Reeves v Young – Tanfield Chambers

Posted February 16th, 2017 in boundaries, costs, enforcement, estoppel, news, party walls, surveyors by sally

‘Third surveyors, the impartial arbiters of the party wall world, rarely feature prominently in party wall litigation. However, there have been two recent County Court cases in which the selection and purported removal of third surveyors has been considered by the Court, in both cases HHJ Bailey in the County Court at Central London.’

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Tanfield Chambers, 2nd February 2017

Source: www.tanfieldchambers.co.uk

EVENT: King’s College London – The Appeal of Independence Europe’s Way of Political Legitimacy

Posted February 16th, 2017 in Forthcoming events by sally

‘The current polymorphous crisis of the ‘European project’ commands that we question once again what has been up to now Europe’s own specific form of government. Bringing together recent streams of scholarship in historical sociology, critical legal scholarship and political science, the talk will suggest a renewed narrative of EU polity-formation, whereby ‘independence’ and ‘expertise’ form the very terrain on which Europe’s political capacity and specialised form of authority have been shaped, staged and consolidated. Scholars generally agree that institutions ‘independent’ from the political are an ubiquitous and pervasive feature of EU polity. The critical role of the European Court of Justice, the salient position of the European Central Bank and of the Commission (particularly its powerful and quasi-autonomous DG Comp) or the more recent blossoming of regulatory agencies have exemplified an overall process of delegation of governmental functions to institutions put at distance from direct political and electoral ‘pressures’. Yet, most accounts of this ‘rise of the unelected’ have stuck to sector-specific explanations providing idiosyncratic reasons for the ‘functionality’ of statutory independence in the different judicial, monetary, executive branches of EU government. As a result, we still fail to grasp the deep and cross-sectorial entanglement between ‘independence’ and the ‘European project’. This paper suggests that we recognize EU historically-rooted idiosyncrasy and adapt our democratization strategies accordingly by addressing the conditions under which the independents could be integrated into Europe’s public sphere and be opened to more democratic responsibilities. Insofar as the ‘independents’ are the keystones of the European edifice, any major overhaul of the political union should therefore prioritise the bid to develop new forms of democratic connections with the various institutions that make up Europe’s tricephalous independent branch.’

Date: 1st March 2017, 6.00-7.30pm

Location: SW1.18, Somerset House East Wing, King’s College London, Strand, London WC2R 2LS

Charge: Free, registration required

More information can be found here.

Protective proceedings should not be necessary to maintain right to judicial review of university decisions, court rules – OUT-LAW.com

Posted February 16th, 2017 in complaints, education, judicial review, news, time limits, universities by sally

‘Students wishing to preserve the right to apply for judicial review of a decision by their higher education institution while pursuing independent adjudication need not necessarily apply for protective proceedings, a High Court judge has said.’

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OUT-LAW.com, 16th February 2017

Source: www.out-law.com

Dawson-Damer: The Irresistible Rise of the DPA – Panopticon

Posted February 16th, 2017 in appeals, data protection, news, privilege, proportionality by sally

‘Hot off the presses comes the first of the Court of Appeal’s two forays into data protection law this term: Dawson-Damer v Tayor Wessing LLP [2017] EWCA Civ 74. It is an important decision and one well worth reading, particularly while waiting for round 2 (which has some overlaps) in Ittihadieh v 5-11 Cheyne Gardens / Deer v University of Oxford (likely to be handed down in the next month or so).’

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Panopticon, 16th February 2017

Source: www.panopticonblog.com

New law to stop adults sexting children not being enforced – The Guardian

Posted February 16th, 2017 in children, internet, news, sexual grooming, telecommunications by sally

‘Tough new laws that make it a criminal offence for an adult to send sexually explicit messages to a child under 16 are still not being enforced almost two years after they were passed by parliament, child protection campaigners have said. ‘

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The Guardian, 16th February 2017

Source: www.guardian.co.uk

Judge finds council sold seafront land at undervalue but refuses to quash decision – Local Government Lawyer

Posted February 16th, 2017 in consultations, local government, news, sale of land, ultra vires, valuation by sally

‘Canterbury City Council sold land on the seafront in Whitstable to a property developer for less than best consideration but the case was not appropriate for a quashing order, a High Court judge has ruled.’

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Local Government Lawyer, 15th February 2017

Source: www.localgovernmentlawyer.co.uk

LSB to put regulators’ efforts to improve diversity under microscope

Posted February 16th, 2017 in diversity, legal profession, Legal Services Board, news by sally

‘The Legal Services Board (LSB) will next year carry out the first formal assessment of how the profession’s regulators have performed in improving diversity in their parts of the law, it has announced.’

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Legal Futures, 16th February 2017

Source: www.legalfutures.co.uk