Of sink holes and strict liability – Nearly Legal

‘Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB). Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why.’

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Nearly Legal, 6th March 2016

Source: www.nearlylegal.co.uk/blog/

The Child in the Road Part 2 – Zenith PI Blog

‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’

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Zenith PI, 7th March 2016

Source: www.zenithpi.wordpress.com

Court rules council overcharged 37,000 tenants for water and sewerage – Local Government Lawyer

Posted March 7th, 2016 in housing, landlord & tenant, local government, news, rates, sewerage, utilities, water by sally

‘A London borough has overcharged approximately 37,000 tenants for water and sewerage services, a High Court judge has ruled.’

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Local Government Lawyer, 4th March 2016

Source: www.localgovernmentlawyer.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

In re JL and AO (Babies Relinquished for Adoption) – WLR Daily

In re JL and AO (Babies Relinquished for Adoption): [2016] EWHC 440 (Fam)

‘In two cases babies, JL and AO, were born in England to mothers from Eastern Europe but relinquished at birth for adoption. In the case of JL the child, whose Estonian mother worked in England and whose putative father lived in Estonia, was accommodated by the local authority with the mother’s consent pursuant to an agreement under section 20 of the Children Act 1989 and was placed with foster carers. The mother gave her written consent to his adoption and the putative father, maternal family and the Estonian authorities all supported his adoption in this country. The local authority sought a placement order under section 21 of the Adoption and Children Act 2002. In the case of AO, the Hungarian parents working in England wished the child to be adopted in this country. AO had been removed at birth and placed with foster carers and had been made a ward of court. The local authority, children’s guardian and Hungarian authorities sought the child’s return to Hungary so that she could be placed for adoption there. Common issues arose as to what jurisdiction the court had to make orders facilitating such placements, (ii) the factors which had to be taken into account when making decisions about relinquished babies, the possible outcomes and the procedures to be followed and (iii) where a child born to nationals of a foreign country had been placed voluntarily in the care of a local authority, with a view to adoption or otherwise, whether the authority was under an obligation under the Vienna Convention on Consular Relations 1963 to inform the consular officials of that country about the placement. In the case of JL, the further issues arose whether the court had jurisdiction to make a placement order and what order, if any, should be made. In the case of AO, the further issues arose whether it was open to the court either to transfer jurisdiction to Hungary under Council Regulation (EC) No 2201/2003 (“Brussels IIA”) or to make an order permitting the local authority to send AO to Hungary; and what order, if any, the court should make.’

WLR Daily, 3rd March 2016

Source: www.iclr.co.uk

Online abuse: ‘existing laws too fragmented and don’t serve victims’ – The Guardian

‘The chief constable leading the fight against digital crime is calling for new legislation to tackle an “unimagined scale of online abuse” that he says is threatening to overwhelm the police service. Stephen Kavanagh, who heads Essex police, argues it is necessary to consolidate and simplify offences committed online to improve the chance of justice for tens of thousands of victims.’

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The Guardian, 4th March 2016

Source: www.guardian.co.uk

Threat of deportation of 92-year-old Myrtle Cothill is lifted – BBC News

Posted March 7th, 2016 in deportation, elderly, health, immigration, news, visas by sally

‘A 92-year-old woman facing deportation has been given permission to stay in the UK.’

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BBC News, 5th March 2016

Source: www.bbc.co.uk

‘Biggest crackdown’ on rogue pharmacists – BBC News

‘Nine pharmacists who sold drugs illegally have been banned from practice, after a BBC investigation led to the “biggest crackdown” in UK pharmaceutical history.’

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BBC News, 6th March 2016

Source: www.bbc.co.uk

Car smoking ban farce as Met nets no prosecutions – Daily Telegraph

Posted March 7th, 2016 in children, enforcement, fines, health, news, police, prosecutions, smoking, statistics by sally

‘A new law aimed at protecting children from health risks of adults smoking in cars has turned into a farce after it emerged that Britain’s largest police force has not prosecuted a single driver.’

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Daily Telegraph, 7th March 2016

Source: www.telegraph.co.uk

Police fail to respond to psychiatric units amid rise in attacks on staff – The Guardian

‘Police refused to respond to calls for help from staff at psychiatric units covering a large swath of east London and Essex on more than 125 occasions last year. The figures were released in response to a Guardian freedom of information request that sheds new light on how overstretched staff in mental health units are increasingly on the receiving end of violence.’

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The Guardian, 7th March 2016

Source: www.guardian.co.uk

Pensions litigation included in civil court procedure guide for first time – OUT-LAW.com

Posted March 4th, 2016 in civil procedure rules, news, pensions by sally

‘Official guidance covering the use of the High Court’s Chancery division has been updated to include specific provision for pensions litigation for the first time. Pensions litigation claims can involve hundreds of millions of pounds and affect thousands of individuals.’

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OUT-LAW.com, 2nd March 2016

Source: www.out-law.com

Supermarket ‘vicariously liable’ for employee’s assault on a customer – OUT-LAW.com

Posted March 4th, 2016 in assault, news, vicarious liability by sally

‘A supermarket was “vicariously liable” for the actions of its employee, who punched a customer in a seemingly unprovoked attack, the UK’s highest court has ruled.’

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OUT-LAW.com, 3rd March 2016

Source: www.out-law.com

Abortion, mental incapacity and prior intentions: Court of Protection Clarifies the law – UK Human Rights Law

Posted March 4th, 2016 in abortion, consent, Court of Protection, domestic violence, news by sally

‘An NHS Trust v CS (By Her Litigation Friend, the Official Solicitor) ] EWCOP. The Court of Protection does the work of Solomon on a daily basis. Matters of life and death are brought before it, and with them come a mass of conflicting rights, overlapping statutes, and an array of case law from which arguments can be drawn.’

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UK Human Rights Law, 26th February 2016

Source: www.ukhumanrightsblog.com

The Round-up: companies off the hook for human rights abuses? – UK Human Rights Blog

‘The UK government is letting companies “off the hook” for human rights abuses, according to Amnesty International.’

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UK Human Rights Blog, 29th February 2016

Source: www.ukhumanrightsblog.com

CA strikes down judge’s decision not to award 10% Simmons uplift – Litigation Futures

Posted March 4th, 2016 in appeals, costs, damages, judiciary, legal aid, news, personal injuries by sally

‘A circuit judge was wrong to believe he had discretion not to apply the post-LASPO 10% uplift in damages, the Court of Appeal has ruled.’

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Litigation Futures, 3rd March 2016

Source: www.litigationfutures.com

Refusing to prove ability to pay costs is not a justified litigation tactic, says CA – Litigation Futures

Posted March 4th, 2016 in appeals, budgets, confidentiality, costs, news by sally

‘A High Court ruling denying an order for security for costs even though the party involved refused to show that it could pay costs was “illogical and unacceptable”, the Court of Appeal has decided.’

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Litigation Futures, 4rh March 2016

Source: www.litigationfutures.com

What is it like to arbitrate? – Family Law Week

Posted March 4th, 2016 in arbitration, divorce, financial provision, news by sally

‘Alexander Chandler, barrister, 1 King’s Bench Walk, offers insights into the arbitration process.’

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Family Law Week, 26th February 2016

Source: www.familylawweek.co.uk

Former X Factor hopeful guilty of laundering phone scam cash – BBC News

Posted March 4th, 2016 in conspiracy, conversion, money laundering, news by sally

‘A former X Factor contestant has been found guilty of laundering £20,000 from a phone scam that defrauded 18 pensioners across southern England.’

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BBC News. 3rd March 2016

Source: www.bbc.co.uk

Police officer sacked for having sex with prostitutes on duty – The Guardian

‘A police officer has been sacked for meeting prostitutes for sex in hotels while on duty, but his identity has been kept secret.’

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The Guardian, 3rd March 2016

Source: www.guardian.co.uk

Civil servants ‘complacent’ over e-Borders fiasco – The Guardian

Posted March 4th, 2016 in budgets, civil servants, immigration, news by sally

‘Civil servants overseeing the e-Borders programme have been accused by parliament’s spending watchdog of being “complacent” and “worryingly dismissive” of failings that could damage national security.’

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The Guardian, 4th March 2016

Source: www.guardian.co.uk