Court confirms surveyor’s margin of error in negligence cases should not generally exceed 15% – OUT-LAW.com

Posted November 25th, 2016 in negligence, news, surveyors, valuation by sally

‘A surveyor facing a professional negligence claim will only be able to argue a margin of error greater than 15% in the most exceptional of circumstances, the High Court has confirmed.’

Full story

OUT-LAW.com, 24th November 2016

Source: www.out-law.com

When the court should look over the shoulder of a decision-maker – UK Human Rights Blog

Posted November 25th, 2016 in EC law, environmental protection, judicial review, news, pollution by sally

‘R (ClientEarth No.2) v Secretary of State for Environment, Food & Rural Affairs, Garnham J, 21 November 2016. A quick follow-up ruling to the judgment of 2 November (here) in which the UK’s air pollution plans under EU and domestic laws were found wanting by the Administrative Court. The pollutant was nitrogen dioxide – a major product of vehicle exhaust fumes.’

Full story

UK Human Rights Blog, 23rd November 2016

Source: www.ukhumanrightsblog.com

Social worker and police officer win challenge over criticisms made by judge – Local Government Lawyer

Posted November 25th, 2016 in judgments, news, police, setting aside, social services, witnesses by sally

‘A social worker and a police officer have successfully crossed what McFarlane LJ called “legal landmines” to secure deletion of criticisms made of them by a judge.’

Full story

Local Government Lawyer, 23rd November 2016

Source: www.localgovernmentlawyer.co.uk

Health experts who defrauded NHS ordered to pay £575,000 – Crown Prosecution Service

Posted November 25th, 2016 in fraud, hospitals, press releases, repayment by sally

‘Four health experts who fraudulently billed the NHS for 14,000 hours they did not work have been ordered to pay more than £575,000 or face further time in prison.’

Full press release

Crown Prosecution Service, 25th November 2016

Source: www.cps.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 25th, 2016 in legislation by sally

The Misuse of Drugs Act 1971 (Temporary Class Drug) (No. 2) Order 2016

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2016

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2016

The Iran (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2016

The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016

The Transfer of Functions (Chequers and Dorneywood Estates) Order 2016

The European Communities (Designation) (No. 2) Order 2016

The Lyon Court and Office Fees (Variation) (Reserved Functions) Order 2016

The Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2016

The Intellectual Property Act 2014 (Commencement No. 5 and Saving Provisions) Order 2016

Source: www.legislation.gov.uk

Re R (Child) [2016] EWCA Civ 1016 and Relocations Within the Jurisdiction – Family Law Week

Posted November 25th, 2016 in child abduction, news, proportionality by sally

‘Claire Molyneux, Senior Associate at Mills & Reeve LLP, considers an interesting review and reiteration by the Court of Appeal of the approach to be taken in relocations of an internal nature.’

Full story

Family Law Week, 24th November 2016

Source: www.familylawweek.co.uk

Ellie Butler’s mother lodges ‘disrespectful’ bid to appeal convictions over six-year-old’s death – Daily Telegraph

Posted November 25th, 2016 in appeals, child cruelty, news, perverting the course of justice by sally

‘The mother of Ellie Butler, the schoolgirl murdered by her father, has begun proceedings to appeal her convictions over her daughter’s death in a move that her own father has described as “disrespectful”.’

Full story

Daily Telegraph, 24th November 2016

Source: www.telegraph.co.uk

Some child sexting cases ‘do not need criminal investigation’ – BBC News

Posted November 25th, 2016 in indecent photographs of children, news, police, pornography, prosecutions by sally

‘Sexting cases involving children should not always be handled with a full-scale criminal investigation, new police advice says. The College of Policing advises officers to respond “in a proportionate way” to children sharing indecent imagery of themselves or their peers.’

Full story

BBC News, 24th November 2016

Source: www.bbc.co.uk

Afghanistan veteran wins landmark Q fever compensation claim – The Guardian

Posted November 25th, 2016 in Afghanistan, armed forces, damages, news, personal injuries by sally

‘An Afghanistan war veteran who contracted Q fever has won a landmark compensation claim against the Ministry of Defence that could pave the way for payouts to others.’

Full story

The Guardian, 24th November 2016

Source: www.guardian.co.uk

Legal aid cuts have created a ‘two-tier justice system’ benefiting the wealthy, damning report finds – The Independent

Posted November 25th, 2016 in budgets, legal aid, news, reports by sally

‘Access to justice is in crisis, with cuts to legal aid having created a two-tier system for the wealthy and the less well off, according to a new report. The Bach Commission on access to justice states that poor people are being left without advice or professional support due to cuts which strictly limit the type of cases for which which legal aid can be applied.’

Full story

The Independent, 24th November 2016

Source: www.independent.co.uk

Sikhs in UK are ‘invisible to government’ despite hate crime increase – The Guardian

Posted November 25th, 2016 in hate crime, news, religious discrimination, Sikhism by sally

‘British Sikhs have been “invisible to the government since 9/11” despite increased levels of discrimination and hate crimes, the Sikh Federation has said as a comprehensive survey of the UK’s fourth largest faith group was published.’

Full story

The Guardian, 25th November 2016

source: www.guardian.co.uk

Metropolitan Police sex abuse case ‘failings put children at risk’ – BBC News

Posted November 25th, 2016 in child abuse, news, police, sexual offences by sally

‘Children in London are being put at risk because of “serious failings” in the way the Met Police deals with child sexual abuse, inspectors have found.’

Full story

BBC News, 25th November 2016

Source: www.bbc.co.uk

MPs conclude sex assault claim among abuse inquiry staff not taken seriously – The Independent

Posted November 25th, 2016 in bullying, child abuse, inquiries, news, sexual offences by sally

‘Sexual assault and bullying allegations among staff at the UK’s independent inquiry into child abuse have not been taken seriously, a report by an influential group of MPs has found.’

Full story

The Independent, 24th November 2016

Source: www.independent.co.uk

An intervention success story: Powell v Palani – Zenith PI

Posted November 24th, 2016 in consumer credit, costs, news, road traffic by sally

‘It was only a matter of weeks ago that I encouraged readers to look to 2017 for any future changes to the credit hire landscape. Nevertheless, it appears I was too hasty. The case of William Powell v Babu Palani was heard on 5th September 2016 at Birmingham County Court before His Honour Judge McKenna.’

Full story

Zenith PI, 22nd November 2016

Source: www.zenithpi.wordpress.com

Naming your Abusers – UK Human Rights Blog

Posted November 24th, 2016 in anonymity, human rights, local government, news, privacy, sexual offences by sally

‘Armes v Nottinghamshire County Council [2016] EWHC 2864 (QB).The right of a claimant to name the people who abused her prevailed over the rights of the perpetrators and others to private and family life.’

Full story

UK Human Rights Blog, 23rd November 2016

Source: www.ukhumanrightsblog.com

Sentencing Council publishes drug driving guidance – Sentencing Council

Posted November 24th, 2016 in drug offences, news, road traffic offences, sentencing by sally

‘Today the Sentencing Council is launching guidance for sentencing cases of “drug driving”. The guidance is to assist those sentencing offences of driving, attempting to drive or being in charge of a motor vehicle with a concentration of a specified controlled drug in the body above the specified limit (Section 5A Road Traffic Act 1988).’

Full guidance

Sentencing Council, 17th November 2016

Source: http://sentencingcouncil.judiciary.gov.uk

Judge makes value of security contingent on costs management hearing – Litigation Futures

Posted November 24th, 2016 in budgets, costs, news by sally

‘A deputy High Court judge has made a security for costs order whose value is contingent on the outcome of a forthcoming costs management hearing.’

Full story

Litigation Futures, 24th November 2016

Source: www.litigationfutures.com

Cold calling, whiplash reform and IPT – Autumn Statement angers claimant lawyers – Legal Futures

Posted November 24th, 2016 in budgets, insurance, news, personal injuries, solicitors, taxation, telecommunications by sally

‘Claimant personal injury lawyers have been left questioning why the government was prepared to announced in yesterday’s Autumn Statement that it is to ban cold-calling in relation to pensions, but not to stop it in personal injury – and whether Chancellor Philip Hammond let slip that the whiplash reforms are already a done deal.’

Full story

Legal Futures, 24th November 2016

Source: www.legalfutures.co.uk

Speech by Lord Justice Gross: The Judicial Role Today – Courts and Tribunals Judiciary

Posted November 24th, 2016 in constitutional history, judges, judiciary, speeches by sally

‘It is a great pleasure to have been invited to give this year’s Law and Society Lecture. Earlier this year, in another lecture, I addressed the topic of “Judicial Leadership”. My subject on this occasion is the judicial role today, exploring some of its boundaries’

Full speech

Courts and Tribunals Judiciary, 24th November 2016

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted November 24th, 2016 in law reports by sally

Court of Appeal (Civil Division)

K & Ors, R (on the application of) v The Secretary of State for Defence & Anor [2016] EWCA Civ 1149 (23 November 2016)

Gladman Developments Ltd v Daventry District Council & Anor [2016] EWCA Civ 1146 (23 November 2016)

Yadly Marketing Company Ltd v Secretary of State for the Home Department [2016] EWCA Civ 1143 (23 November 2016)

Iceland Foods Ltd v Berry (Valuation Officer) [2016] EWCA Civ 1150 (23 November 2016)

High Court (Administrative Court)

Secretary of State for the Home Department v HM Senior Coroner for Surrey & Ors [2016] EWHC 3001 (Admin) (23 November 2016)

High Court (Commercial Court)

Rahim v Arch Insurance Co (Europe) Ltd [2016] EWHC 2967 (Comm) (22 November 2016)

National Bank of Abu Dhabi PJSC v BP Oil International Ltd [2016] EWHC 2892 (Comm) (18 November 2016)

Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm) (17 November 2016)

St Vincent European General Partner Ltd v Robinson & Ors [2016] EWHC 2920 (Comm) (17 November 2016)

Standard Chartered Bank (Hong Kong) Ltd & Anor v Independent Power Tanzania Ltd & Ors [2016] EWHC 2908 (Comm) (16 November 2016)

High Court (Family Division)

Z (A Child) (Egyptian fostering UK adoption) [2016] EWHC 2963 (Fam) (23 November 2016)

Akester v Fitzgerald [2016] EWHC 2961 (Fam) (21 November 2016)

An NHS Foundation Trust v T [2016] EWHC 2980 (Fam) (18 November 2016)

AD & AM (Fact-Finding: Re-Hearing) [2016] EWHC 2912 (Fam) (16 November 2016)

JS (Disposal of Body), Re [2016] EWHC 2859 (Fam) (10 November 2016)

High Court (Queen’s Bench Division)

Barclays Bank Plc v TBS & V Ltd [2016] EWHC 2948 (QB) (18 November 2016)

Srivatsa v Secretary of State for Health & Anor [2016] EWHC 2916 (QB) (18 November 2016)

Armes v Nottinghamshire County Council [2016] EWHC 2864 (QB) (15 November 2016)

Rudall v The Crown Prosecution Service & Anor [2016] EWHC 2884 (QB) (14 November 2016)

High Court (Technology and Construction Court)

Amey LG Ltd v Cumbria County Council [2016] EWHC 2946 (TCC) (18 November 2016)

Source: www.bailii.org