BSB reveals low expectations of ABS take-up – Legal Futures

Posted December 15th, 2015 in alternative business structures, barristers, consultations, news by sally

‘The Bar Standard Board (BSB) expects to regulate just 20 alternative business structures (ABS) each year in the first three years after it becomes a licensing authority.’

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Legal Futures, 15th December 2015

Source: www.legalfutures.co.uk

Antiques dealer jailed for organising theft of Alzheimer’s sufferers’ cherished belongings – Daily Telegraph

Posted December 15th, 2015 in artistic works, elderly, mental health, news, sentencing, theft by sally

‘The treasured possessions and family heirlooms were stolen from elderly homeowners as they slept.’

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Daily Telegraph, 14th December 2015

Source: www.telegraph.co.uk

Jack Adcock death: Doctor and nurse get suspended sentences for manslaughter – BBC News

‘A doctor and an agency nurse who “seriously neglected” a six-year-old boy who died in hospital have been sentenced for his manslaughter.’

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BBC News, 14th December 2015

Source: www.bbc.co.uk

When humanitarian law meets human rights – OUP Blog

Posted December 15th, 2015 in human rights, international law, news, treaties, war by sally

‘As we reflect on Human Rights Month and the implications of conflict throughout 2015, we have asked some of the humanitarian law scholars who contributed to the new Geneva Conventions Commentary to explore the interplay between these two important legal disciplines, and how we should approach them in the future.’

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OUP Blog, 15th December 2015

Source: www.blog.oup.com

Nurofen makers under investigation after court rules on misleading adverts – The Guardian

Posted December 15th, 2015 in advertising, complaints, medicines, news by sally

‘The UK’s advertising watchdog is investigating claims made by the makers of Nurofen after an Australian court ordered the company to step selling several versions of the popular painkiller.’

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The Guardian, 15th December 2015

Source: www.guardian.co.uk

Lords reject attempt to lower EU referendum voting age to 16 – The Guardian

Posted December 15th, 2015 in children, elections, news, parliament, referendums by sally

‘Sixteen- and 17-year-olds will not be given the vote in the the planned EU referendum, after peers succumbed to a government demand and voted to reject an extension of the franchise.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

Police forces let down vulnerable victims, says watchdog – Daily Telegraph

Posted December 15th, 2015 in disabled persons, domestic violence, elderly, news, police, reports, victims by sally

‘Official report says the elderly, disabled and domestic violence victims are not receiving an adequate service from nearly three quarters of forces in England and Wales.’

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Daily Telegraph, 15th December 2015

Source: www.telegraph.co.uk

Nurses jailed for falsifying stroke patients’ records – The Guardian

Posted December 15th, 2015 in community service, negligence, news, nurses, sentencing by sally

‘Two nurses have been jailed for “playing with people’s lives” by falsifying vulnerable stroke patients’ vital medical tests.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

‘Battle of Orgreave’: Legal submission for public inquiry – BBC News

Posted December 15th, 2015 in industrial action, inquiries, news, police by sally

‘Legal papers demanding a public inquiry into police conduct during violent clashes of the 1984-5 miners’ strike are due to be handed to the government.’

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BBC News, 15th December 2015

Source: www.bbc.co.uk

Man convicted of planning Isis-inspired Remembrance Sunday attack – The Guardian

Posted December 15th, 2015 in armed forces, commemorations, news, police, terrorism by sally

‘A British-based Islamist has been found guilty of plotting a Remembrance Day beheading on the streets of Britain, inspired by a “chilling fatwa” from Islamic State.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

Moorjani v Durban Estates Ltd – WLR Daily

Posted December 14th, 2015 in appeals, compensation, covenants, damages, housing, landlord & tenant, law reports, repairs by sally

Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509

‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another – WLR Daily

Posted December 14th, 2015 in appeals, environmental protection, law reports, local government, planning, trees by sally

Distinctive Properties (Ascot) Ltd v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1250; [2015] WLR (D) 510

‘A landowner who wished to challenge a local planning authority’s tree replacement notice on the grounds that the number of trees which the notice required him to replace was greater than the number of trees which he had removed from the land, bore the burden of proving his case by sufficient evidence.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Tanir v Tanir – WLR Daily

Tanir v Tanir [2015] EWHC 3363 (QB); [2015] WLR (D) 508

‘CPR r 13.2 was in mandatory terms, so that where it was far from certain that the court had served on the defendant a claim form by post in accordance with CPR r 6.18(1), judgment in default had to be set aside.’

WLR Daily, 7th December 2015

Source: www.iclr.co.uk

Abdulle and others v Commissioner of Police of the Metropolis – WLR Daily

Abdulle and others v Commissioner of Police of the Metropolis [2015] EWCA Civ 1260; [2015] WLR (D) 513

‘The Court of Appeal would not lightly interfere with a case management decision and would support robust and fair case management decisions by first instance judges to strike out, or to decline to strike out, claims under CPR r 3.4(2)(c). In a case in which the balance was a “fine” one, an appellate court should respect the balance struck by the first instance judge.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another – WLR Daily

Bonsall v Secretary of State for Communities and Local Government and another; Jackson v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 1246; [2015] WLR (D) 514

‘The time limits for enforcement action in respect of breaches of planning control prescribed by section 171B of the Town and Country Planning Act 1990 did not apply where there had been positive deception designed to avoid enforcement action within those time limits. The position had not been affected by the enactment of sections 171BA to 171BC into the 1990 Act, which enabled a local planning authority, in a case of deliberate concealment, to apply to the magistrates’ court for a planning enforcement order (“PEO”) permitting enforcement action outside the time limits in section 171B.’

WLR Daily, 8th December 2015

Source: www.iclr.co.uk

Social background determines career prospects, say almost nine out of ten law students – Legal Week

Posted December 14th, 2015 in diversity, equality, law firms, legal education, legal profession, news, statistics by sally

‘Survey of law students finds strong feelings on influence of upbringing on career prospects, as law firms take new approaches to improve diversity’

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Legal Week, 10th December 2015

Source: www.legalweek.com

Intentional infliction of harm in tort law – OUP Blog

Posted December 14th, 2015 in compensation, damages, news, personal injuries, psychiatric damage by sally

‘The tort of intentional infliction of harm would seem to encapsulate a basic moral principle – that if you injure someone intentionally and without just cause or excuse, then you should be liable for the commission of a tort – in addition to any crime that you commit. Occasionally, judges have held that there is such a principle, which is of general application: eg, Bowen LJ in Mogul Steamship v McGregor Gow & Co (1889). While this principle is now uncontroversial in cases of the intended infliction of physical harm (see Bird v Holbrook [1828]), the position has been unclear in so far as it concerns the causation of psychiatric harm. The most important case on intended infliction of psychiatric harm (IIPH) was Wilkinson v Downton (1897). But that case has long been doubted because the defendant had been playing a practical joke upon the claimant, telling her that her husband had been involved in an accident and was lying ‘smashed up’ at Leytonstone. Wright J could find no actual intention to harm, but held that an imputed intention to harm was sufficient to create liability.’

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OUP Blog, 14th December 2015

Source: www.blog.oup.com

More cases to be heard by magistrates – Law Society’s Gazette

‘Criminal cases should be sent to the Crown court only if they are “clearly unsuitable” for trial in the magistrates’ court, the Sentencing Council says in fresh guidance to ensure cases are tried and sentenced in the appropriate court.’

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Law Society’s Gazette, 10th December 2015

Source: www.lawgazette.co.uk

Ruling means UK courts will not overturn decisions by domain name dispute resolution panels, says expert – OUT-LAW.com

‘A UK court ruling that it did not have the jurisdiction to hear and determine an appeal against a decision taken by domain name dispute resolution panel will be welcomed by brand owners, an expert has said.’

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OUT-LAW.com, 11th December 2015

Source: www.out-law.com