Legal Aid Agency to clarify ’embarrassment clause’ after legal threat – Local Government Lawyer

Posted October 21st, 2016 in contracts, legal aid, news by sally

‘The Legal Aid Agency has agreed to clarify the remit of the so-called ‘embarrassment clause’ it sought to include in one of its contracts, it has been reported.’

Full story

Local Government Lawyer, 19th October 2016

Source: www.localgovernmentlawyer.co.uk

Budgeting v Assessment– Merrix v Heart of England NHS Foundation Trust – Zenith PI Blog

Posted October 21st, 2016 in budgets, civil procedure rules, costs, news by sally

‘The court, with District Judge Lumb sitting as Regional Costs Judge, was asked to decide as a preliminary issue, “to what extent, if at all, does the costs budgeting regime under CPR Part 3 fetter the powers and discretion of the costs judge at a detailed assessment of costs under CPR part 47.”’

Full story

Zenith PI Blog, 19th October 2016

Source: www.zenithpi.wordpress.com

HMRC press briefing in film tax case breached confidentiality duty, says Supreme Court – OUT-LAW.com

”Off the record’ comments made by former HM Revenue and Customs (HMRC) permanent secretary for tax Dave Hartnett to journalists at The Times in 2012 breached the duty of confidentiality owed to taxpayers by the department, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 20th October 2016

Source: www.out-law.com

The subtle hand of human rights – and more Aarhus – UK Human Rights Blog

Posted October 21st, 2016 in compensation, costs, human rights, news, nuclear power, planning by sally

‘This challenge was about a landowner not wishing to let those wishing to develop Sizewell C nuclear power station onto her land to carry out surveys and investigations. But it came down to a disagreement about the terms which such entry might occur. For s.53 Planning Act 2008 enables the Secretary of State to allow such entry, subject to conditions, and with the proviso that the landowner may claim compensation for “damage caused to lands or chattels” (s.53(7)) via a claim to the Upper Tribunal.’

Full story

UK Human Rights Blog, 20th October 2016

Source: www.ukhumanrightsblog.com

Dressing gown loophole: Outdated laws let shops sell highly flammable robes – Daily Telegraph

Posted October 21st, 2016 in consumer protection, fire, health & safety, news by sally

‘Dressing gown owners are being warned to stay away from candles and open fires while wearing them, as a loophole in UK safety law means they can be made with highly flammable material.’

Full story

Daily Telegraph, 20th October 2016

Source: www.telegraph.co.uk

First heterosexual UK couple in civil partnership urge government to end ban – The Guardian

Posted October 21st, 2016 in civil partnerships, human rights, news by sally

‘The first UK-based opposite-sex couple to enter into a civil partnership in the British Isles have called on the government to make the process available to all couples, regardless of sexuality.’

Full story

The Guardian, 21st October 2016

Source: www.guardian.co.uk

Post Brexit Hate Crimes – Halsbury’s Law Exchange

Posted October 21st, 2016 in brexit, EC law, hate crime, news, racism, referendums by sally

‘As the party faithful gathered in Birmingham earlier this month, one Tory MP wasn’t going to take any lessons from a Strasbourg-based watchdog over their concerns about a rise in post-Brexit hate crime in the UK. Peter Bone had done his own research. “I did not come across a single racist person in the thousands of miles I travelled during the referendum campaign,” he told The Daily Mail.’

Full story

Halsbury’s Law Exchange, 20th October 2016

Source: www.halsburyslawexchange.co.uk

Driven to despair – official-documents.gov.uk

Posted October 20th, 2016 in complaints, driving licences, health, ombudsmen, press releases, reports by sally

‘This report highlights major failings in the way DVLA makes decisions on whether people with certain medical conditions are safe to drive.’

Full press release

official-documents.gov.uk, 19th October 2016

Source: www.official-documents.gov.uk

Minister unveils plans to pardon thousands under ‘Turing’s Law’ – Ministry of Justice

Posted October 20th, 2016 in bills, crime, criminal records, homosexuality, pardons, press releases by sally

‘Thousands of gay and bisexual men convicted of now abolished sexual offences will be posthumously pardoned, Justice Minister Sam Gyimah announced.’

Full press release

Ministry of Justice, 20th October 2016

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

Speech by Sir Ernest Ryder: Raising the Bar: Innovation and global opportunity for a forward thinking profession – Courts and Tribunals Judiciary

Posted October 20th, 2016 in barristers, courts, legal profession, speeches, tribunals by sally

‘Keynote address at the Annual Bar and Young Bar Conference 2016.’

Full speech

Courts and Tribunals Judiciary, 17th October 2016

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 20th, 2016 in legislation by sally

The Visiting Forces (Designation) Order 2016

The Immigration (Guernsey) Order 2016

The Inspectors of Education, Children’s Services and Skills (No.3) Order 2016

The Immigration (Jersey) Order 2016

The Value Added Tax (Refund of Tax to the Tees Valley and West Midlands Combined Authorities) Order 2016

The Value Added Tax (Amendment) Regulations 2016

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016

The Civil Legal Aid (Remuneration and Statutory Charge) (Amendment) Regulations 2016

The Civil Partnerships Records Regulations 2016

The Births, Deaths, Marriages and Civil Partnerships Records Regulations 2016

The Child Support (Deduction from Earnings Orders Amendment and Modification and Miscellaneous Amendments) Regulations 2016

The Registered Pension Schemes (Bridging Pensions) and Appointed Day Regulations 2016

The International Development Association (Seventeenth Replenishment: Additional Payments) Order 2016

The Finance Act 2015, Section 20(2) and (3) and the Finance Act 2016, Section 173(1) (Appointed Days) Regulations 2016

The Agricultural Holdings (Units of Production) (England) Order 2016

The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016

The Secretaries of State for Business, Energy and Industrial Strategy, for International Trade and for Exiting the European Union and the Transfer of Functions (Education and Skills) Order 2016

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2016

The Extradition Act 2003 (Overseas Territories) Order 2016

The Water Act 2014 (Commencement No. 7 and Transitional Provisions) Order 2016

source; www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 20th, 2016 in law reports by sally

Supreme Court

Johnson, R (on the application of) v Secretary of State for the Home Department [2016] UKSC 56 (19 October 2016)

Mitchell, R v (Northern Ireland) [2016] UKSC 55 (19 October 2016)

Ingenious Media Holdings plc & Anor, R (on the application of)v Revenue and Customs [2016] UKSC 54 (19 October 2016)

Court of Appeal (Civil Division)

JEB Recoveries LLP v Binstock [2016] EWCA Civ 1008 (19 October 2016)

Court of Appeal (Criminal Division)

Geraghty v R [2016] EWCA Crim 1523 (18 October 2016)

High Court (Administrative Court)

Mynydd Y Gwynt Ltd, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy [2016] EWHC 2581 (Admin) (19 October 2016)

Riley & Ors v Crown Prosecution Service (CPS) [2016] EWHC 2531 (Admin) (18 October 2016)

Manzay Ltd (t/a Mirch Masala Restauant), R (on the application of) v Secretary of State for the Home Department [2016] EWHC 2582 (Admin) (17 October 2016)

High Court (Chancery Division)

T & N Asbestos Trustee Company Ltd, Re [2016] EWHC 2594 (Ch) (18 October 2016)

Sovereign Trustees Ltd & Anor v Lewis [2016] EWHC 2593 (Ch) (18 October 2016)

Holland v Oxford City Council [2016] EWHC 2545 (Ch) (17 October 2016)

High Court (Family Division)

M & L (Children), Re [2016] EWHC 2535 (Fam) (14 October 2016)

High Court (Patents Court)
Sony Communications International AB v SSH Communications Security Corporation [2016] EWHC 2584 (Pat) (10 October 2016)

High Court (Queen’s Bench Division)

Bode v Mundell [2016] EWHC 2533 (QB) (19 October 2016)

Liverpool Victoria Insurance Company Ltd v Khan & Ors [2016] EWHC 2590 (QB) (14 October 2016)

High Court (Technology and Construction Court)

Dixon & Anor v Radley House Partnership (A Firm) & Ors [2016] EWHC 2511 (TCC) (17 October 2016)

Source: www.bailii.org

High Court rejects attempt to end case over ‘wrong’ court fee payment – Law Society’s Gazette

Posted October 20th, 2016 in courts, fees, limitations, news by sally

‘An architect and engineering firm’s application to claim a dispute was invalid because the wrong court fees had been paid and the limitation period had expired has ‘no prospect of success’, the High Court has ruled.’

Full story

Law Society’s Gazette, 19th October 2016

Source: www.lawgazette.co.uk

Child Abduction: the Article 13(b) defence and protective measures – Family Law Week

Posted October 20th, 2016 in child abduction, defences, domestic violence, news, treaties by sally

‘Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.’

Full story

Family Law Week, 20th October 2016

Source: www.familylawweek.co.uk

Serious case review launched over teenaged Spalding killers – BBC News

Posted October 20th, 2016 in children, mental health, murder, news, social services, young offenders by sally

‘Review to examine if signs of deviant behaviour were missed in boy and girl, now 15, who killed Elizabeth and Katie Edwards.’

Full story

The Guardian, 19th October 2016

Source: www.guardian.co.uk

Royal Military Police apologise to family of corporal who killed herself – The Guardian

Posted October 20th, 2016 in armed forces, human rights, news, police, rape, suicide by sally

‘The Royal Military Police (RMP) have apologised for failings in the way they investigated the case of a female corporal who killed herself after alleging she had been raped.’

Full story

The Guardian, 19th October 2016

Source: www.guardian.co.uk

Regulator clears Kelvin MacKenzie after hijab article complaints – BBC News

Posted October 20th, 2016 in complaints, media, news, religious discrimination by sally

‘A complaint from a Channel 4 presenter about a column written in The Sun by Kelvin MacKenzie has not been upheld.’

Full story

BBC news, 19th October 2016

Source: www.bbc.co.uk

Philip Turvey wins defamation settlement against Daniel Curran of Heir Hunters – The Guardian

Posted October 20th, 2016 in costs, damages, defamation, media, news by sally

‘TV genealogist to pay damages after conceding that rival was maligned by campaign to circulate false information.’

Full story

The Guardian, 19th October 2016

Source: www.guardian.co.uk

Criminal with unmarried parents avoids ‘discriminatory’ deportation – BBC News

Posted October 20th, 2016 in appeals, citizenship, marital status discrimination, news, Supreme Court by sally

‘A man jailed for manslaughter has won his battle against deportation after judges ruled he was being discriminated against because his parents were unmarried.’

Full story

BBC News, 19th October 2016

Source: www.bbc.co.uk

Home Office rules out ‘inaccurate, inappropriate and unethical’ dental checks to verify age of Calais refugee children – Daily Telegraph

Posted October 20th, 2016 in children, dentists, news, refugees by sally

‘The Home Office has ruled out calls for dental checks to verify the age of Calais migrants arriving in Britain because they are deemed “inaccurate, inappropriate and unethical”.’

Full story

Daily Telegraph, 19th October 2016

Source: www.telegraph.co.uk