You’ve lost that loving Ealing (Sorry) – Nearly Legal

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

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Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

Regulator widens inquiry into UK firms’ links with Panama Papers tax havens – The Guardian

‘The City regulator has widened its inquiries into potential links between UK financial firms and the law company at the centre of the Panama Papers revelations, it said on Tuesday.’

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The Guardian, 26th April 2016

Source: www.guardian.co.uk

Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

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Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

Is ‘Big Data’ A Threat To Human Rights? – RightsInfo

Posted April 27th, 2016 in computer crime, data protection, EC law, human rights, internet, news, privacy by sally

‘One of the great benefits of modern society is the amount of information available to us everyday. Much of that information is now stored electronically. However, collecting a lot of information together creates risks. Big data showcases the potential utility of amassing information in bulk, but we need to be wary of the possible threat to our right to privacy.’

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RightsInfo, 16th April 2016

Source: www.rightsinfo.org

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

‘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.’

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UK Human Rights Blog, 27th April 2016

Source: www.ukhumanrightsblog.com

Government defeated again in Lords over child refugees – BBC News

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

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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.’

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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

‘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.’

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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.’

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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

‘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.’

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Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

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

‘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.’

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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.’

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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.’

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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.’

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The Independent, 27th April 2016

Source: www.independent.co.uk

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

‘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.’

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BBC News, 27th April 2016

Source: www.bbc.co.uk

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

‘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.’

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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.’

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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?’

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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.’

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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.’

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Tanfield Chambers, 20th April 2016

Source: www.tanfieldchambers.co.uk