Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

Regina (Lumsdon and others) v Legal Services Board – WLR Daily

Regina (Lumsdon and others) v Legal Services Board [2015] UKSC 41; [2015] WLR (D) 270

‘The decision of the Legal Services Board to approve the Quality Assurance Scheme for Advocates (“QASA”), introduced by the regulators to assess the performance of criminal advocates in England and Wales, complied with the requirements of article 9 of Parliament and Council Directive 2006/123/EC and regulation 14 of the Provision of Services Regulations 2009 (SI 2009/2999), and was proportionate and lawful.’

WLR Daily, 24th June 2015

Source: www.iclr.co.uk

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

‘The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.’

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

Essop and others v Home Office (UK Border Agency) – WLR Daily

Essop and others v Home Office (UK Border Agency) [2015] EWCA Civ 609; [2015] WLR (D) 269

‘In order to succeed in claims of indirect discrimination under section 19 of the Equality Act 2010 based upon the protected characteristics of race and/or age the claimants had to prove the nature of the group disadvantage for the purposes of surmounting the section 19(2)(b) hurdle and each claimant had also to prove that he had suffered the same disadvantage for the purposes of surmounting the section 19(2)(c) hurdle.’

WLR Daily, 22nd June 2015

Source: www.iclr.co.uk

Judge’s Instagram ruling a ‘practical solution’ to problems of online anonymity, says expert – OUT-LAW.com

‘A judge’s decision to allow a man experiencing alleged harassment over the internet to serve legal claims to the person accused of the activity via Instagram “appears to be a practical solution” to the issue of online anonymity, an expert has said.’

Full story

OUT-LAW.com, 26th June 2015

Source: www.out-law.com

How late it was, how late – Nearly Legal

Posted June 30th, 2015 in deposits, housing, landlord & tenant, news, time limits by sally

‘A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven’t figured out how the deposit rules work.’

Full story

Nearly Legal, 29th June 2015

Source: www.nearlylegal.co.uk

Greville Janner case: Alison Saunders faces calls to publish secret papers – Daily Telegraph

‘Alleged child abuse victims and MPs say independent review of bungled case must be made public.’

Full story

Daily Telegraph, 29th June 2015

Source: www.telegraph.co.uk

Detained asylum seekers to be able to apply for bail – The Guardian

Posted June 30th, 2015 in appeals, asylum, bail, detention, immigration, news, statistics by sally

‘Hundreds of failed asylum seekers in immigration detention centres will be able to apply to be freed on bail, the Home Office is expected to confirm shortly.’

Full story

The Guardian, 29th June 2015

Source: www.guardian.co.uk

Gay couple in fight for equal pension rights – BBC News

‘A gay man has launched a legal bid for his husband to have the same pension rights a wife would have if he was in a heterosexual relationship.’

Full story

BBC News, 29th June 2015

Source: www.bbc.co.uk

Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

Full story

UK Human Rights Blog, 27th June 2015

Source: www.ukhumanrightsblog.com

‘Inept’ head of family drug-dealing gang sentenced to nine years in jail – The Guardian

Posted June 29th, 2015 in benefits, conspiracy, drug trafficking, news, sentencing by sally

‘A couple who were part of a family-run multimillion-pound drugs ring spent £40,000 on their wedding and lived a lavish lifestyle while still claiming benefits, a court heard.’

Full story

The Guardian, 26th June 2015

Source: www.guardian.co.uk

Child rapist banned from contact with children is given permission to live with toddler daughter – Daily Telegraph

‘The 24-year-old man was convicted of raping a 12-year-old girl when he was 17, but is said to be ‘contrite and remorseful’ about the ‘awful crime’.’

Full story

Daily Telegraph, 26th June 2015

Source: www.telegraph.co.uk

Roger Griffiths cleared of historical sex abuse charges – BBC News

Posted June 29th, 2015 in child abuse, news, sexual offences by sally

‘One of seven men on trial for historical child sex offences has been cleared of all charges against him.’

Full story

BBC News, 26th June 2015

Source: www.bbc.co.uk

The Lord Janner U-turn is the CPS’s own fault – The Guardian

‘Between the independent reviewer and the DPP there’s no disagreement on facts, but ultimately it’s highly unlikely Janner will appear in court.’

Full story

The Guardian, 29th June 2015

Source: www.guardian.co.uk

Lawyers’ strike over legal aid cuts boosted by the backing of major firms – The Independent

‘The “strike” by lawyers which threatens to bring chaos to the criminal justice system next week has received a substantial boost after the country’s biggest legal aid firms pledged to support the action.’

Full story

The Independent, 26th June 2015

Source: www.independent.co.uk

Right to rent: all landlords must check immigration status or face £3,000 fine – Daily Telegraph

‘Landlords in England will be responsible for spotting illegal tenants ‘from September’ after a trial in the West Midlands results in fines.’

Full story

Daily Telegraph, 27th June 2015

Source: www.telegraph.co.uk

UK’s ‘structurally unfair’ asylum appeals process suspended by court after legal challenge – The Independent

Posted June 29th, 2015 in appeals, asylum, charities, detention, news, refugees by sally

‘A court has suspended the UK’s fast-track asylum appeals system after a legal challenge by a charity that says it is “structurally unfair”.’

Full story

The Independent, 26th June 2015

Source: www.independent.co.uk

Sadie Jenkins given supervision order for slitting children’s throats – BBC News

‘A woman who slit the throats of two children has been given a two-year supervision order.’

Full story

BBC News, 26th June 2015

Source: www.bbc.co.uk

Lord Janner: DPP Alison Saunders was wrong not to bring charges against peer, lawyer rules – The Independent

‘Accusations that Greville Janner, the former Labour MP, sexually abused a number of children are to be tested in court after an independent lawyer ruled the Director of Public Prosecutions (DPP) was wrong not to bring charges.’

Full story

The Independent, 28th June 2015

Source: www.independent.co.uk

Broadmoor nurse who sold stories about killers is jailed – BBC News

‘A mental health nurse at Broadmoor hospital who sold stories about patients has been jailed for two years.’

Full story

BBC News, 27th June 2015

Source: www.bbc.co.uk