Current Awareness – Page 1699 – Legal News selected by the Inner Temple Library

Court of Protection orders continued reporting restrictions after death – UK Human Rights Blog

Posted April 27th, 2016 in anonymity, consent, Court of Protection, families, freedom of expression, human rights, media, medical treatment, news, privacy, public interest, reporting restrictions, suicide by sally

‘The Court of Protection has just ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death.’

UK Human Rights Blog, 27th April 2016

Source: www.ukhumanrightsblog.com

Government defeated again in Lords over child refugees – BBC News

Posted April 27th, 2016 in asylum, bills, children, detention, immigration, local government, news, pregnancy, refugees, trafficking in human beings by sally

‘The government has been defeated again in the House of Lords over calls to take in child refugees from Europe.’

BBC News, 26th April 2016

Source: www.bbc.co.uk

No escape from dishonesty hearing for claimant who discontinued – Litigation Futures

Posted April 27th, 2016 in costs, fraud, fundamental dishonesty, news, personal injuries, proportionality by sally

‘A personal injury claimant cannot escape a fundamental dishonesty hearing by serving a notice of discontinuance, a circuit judge has held.’

Litigation Futures, 27th April 2016

Source: www.litigationfutures.com

Don’t try to defend yourself in court. But if you have to, here are some crucial tips – The Guardian

Posted April 27th, 2016 in evidence, juries, legal representation, litigants in person, magistrates, news, plea bargaining by sally

‘More people than ever seem to be defending themselves. If you do it, make sure you understand the law, know the lingo and how to play the system.’

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com

Posted April 27th, 2016 in appeals, contract of employment, contracts, documents, employment, news by sally

‘A recent decision by the Court of Appeal provides a “helpful summary” of the circumstances in which employment terms set out in separate documents should be considered incorporated into employee’s contracts, according to an employment law expert.’

OUT-LAW.com, 26th Aoril 2016

Source: www.out-law.com

Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures

Posted April 27th, 2016 in appeals, civil justice, claims management, dispute resolution, electronic filing, evidence, internet, legal aid, news, Supreme Court, video recordings by sally

‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’

Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement

Posted April 27th, 2016 in immigration, legal representation, litigation friends, news, practice directions, tribunals by sally

‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’

Free Movement, 27th April 2016

Source: www.freemovement.org.uk

Cabinet rift widens over European convention on human rights – The Guardian

Posted April 27th, 2016 in EC law, human rights, jurisdiction, news, referendums by sally

‘The cabinet split over Theresa May’s call to withdraw from the European convention on human rights has deepened, after Michael Gove’s Ministry of Justice confirmed it was not government policy.’

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Man convicted of series of sex attacks in south London – The Guardian

Posted April 27th, 2016 in assault, news, sexual offences by sally

‘A man has been convicted of carrying out a string of sexual assaults on women in south London over 10 days, including the targeting of four women in just 24 hours.’

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Judge to decide treatment of two-year-old disabled boy who ‘no longer giggles’ – The Independent

Posted April 27th, 2016 in children, disabled persons, doctors, medical treatment, news by sally

‘Specialists have told a High Court judge that their treatment of a “profoundly neurologically disabled” two-year-old boy who they say no longer giggles when tickled and is “largely unresponsive” should be limited to palliative care.’

The Independent, 27th April 2016

Source: www.independent.co.uk

Revenge pornography victims as young as 11, investigation finds – BBC News

Posted April 27th, 2016 in children, consent, criminal justice, indecent photographs of children, internet, news, pornography, sexual offences, statistics, victims by sally

‘Children as young as 11 are among more than 1,000 alleged victims of revenge porn who reported offences in the first year of the new law coming into effect, it has been revealed.’

BBC News, 27th April 2016

Source: www.bbc.co.uk

Hillsborough verdict: victims’ families’ 27-year struggle for truth vindicated – The Guardian

Posted April 27th, 2016 in bereavement, coroners, families, inquests, juries, negligence, news, police, professional conduct, sport, unlawful killing by sally

‘A 27-year struggle for truth by the families of the 96 people killed at the Hillsborough football stadium has been vindicated after new inquests into the disaster determined that they had been unlawfully killed.’

The Guardian, 27th April 2016

Source: www.guardian.co.uk

Don’t Overlook Overeaching – Tanfield Chambers

Posted April 26th, 2016 in banking, constructive trusts, conveyancing, interest, mortgages, news by sally

‘The case of AIB Group (UK) plc v Turner [2015] EWHC 2994 (Ch), heard over a number of days in the Birmingham District Registry towards the end of 2015, is something of a puzzle.’

Tanfield Chambers, 22nd April 2016

Source: www.tanfieldchambers.co.uk

Saving the bank’s security after it is too late… – Tanfield Chambers

Posted April 26th, 2016 in banking, forfeiture, landlord & tenant, leases, news, setting aside by sally

‘It is a requirement of the court rules that when a landlord seeks to forfeit a residential lease by issuing a claim in court, that claim must be served on a mortgagee. The purpose of this provision is to make sure that the bank is able to apply for relief from forfeiture (and hence reinstate its security) before it is too late. But what happens if the bank is served with the claim, the tenant and the bank do not attend the hearing, the lease is forfeited and the possession order subsequently enforced with the result that title is closed and the bank loses its security?’

Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

Location, Location, Registration – Tanfield Chambers

Posted April 26th, 2016 in boundaries, land registration, news, tribunals by sally

‘Two recent cases of the Upper Tribunal indicate clear differences in judicial opinion as to the jurisdiction of the Land Registration Division of the First Tier Tribunal (1) to make general findings as to the location of boundaries of registered titles and (2) to direct the Registrar to make entries in the Register reflecting those findings when those findings do not reflect an application that has been made for registration of a determined boundary.’

Tanfield Chambers, 21st April 2016

Source: www.tanfieldchambers.co.uk

Enforceability of fixed charges made by overseas companies – Tanfield Chambers

Posted April 26th, 2016 in company law, enforcement, foreign companies, mortgages, news by sally

‘It is not unknown for overseas companies to use their own procedure for creating a charge, either in accordance with their national law or otherwise. This article considers whether such a charge is enforceable over property in England and Wales.’

Tanfield Chambers, 20th April 2016

Source: www.tanfieldchambers.co.uk

Can lenders avoid cost budgeting? – Tanfield Chambers

Posted April 26th, 2016 in banking, costs, landlord & tenant, news by sally

‘Is it possible for lenders to avoid the courts’ enthusiasm for managing costs of litigation?’

Tanfield Chambers, 20th April 2016

Source: www.tanfieldchambers.co.uk

Moorjani v Durban Estates – Tanfield Chambers

Posted April 26th, 2016 in appeals, damages, housing, landlord & tenant, leases, news, repairs by sally

‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’

Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

Hillsborough disaster: Fans unlawfully killed – BBC News

Posted April 26th, 2016 in health & safety, inquests, negligence, news, police, sport, unlawful killing by sally

‘Ninety-six football fans who died as a result of a crush in the Hillsborough disaster were unlawfully killed, the inquests have concluded.’

BBC News, 26th April 2016

Source: www.bbc.co.uk

Brexit – what will happen to the UK’s environmental policy? – Cloisters

Posted April 26th, 2016 in brexit, carbon dioxide emissions, climate change, EC law, environmental protection, news, referendums by sally

‘If the UK leaves the EU what will happen to the UK’s environmental policy? This is not, as outlined below, a purely academic question.’

Cloisters, 7th April 2016

Source: www.cloisters.com

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