In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

Posted April 8th, 2015 in appeals, children, costs, law reports, local government, statutory duty, Supreme Court by sally

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Judge sets out approach to cases where risk of children travelling to ISIS countries – Local Government Lawyer

Posted April 8th, 2015 in children, family courts, Islam, judges, local government, news, passports, police, terrorism, wardship by sally

‘A judge has set out a number of core principles relevant to cases where it is proposed to make young people at risk of travelling to ISIS countries, and particularly Syria, wards of the High Court and remove their passports.’

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Local Government Lawyer, 7th April 2015

Source: www.localgovernmentlawyer.co.uk

PART 36 of the CPR – Offers are changing – Park Square Barristers

Posted April 8th, 2015 in civil procedure rules, costs, damages, dispute resolution, fees, limitations, litigants in person, news, part 36 offers, personal injuries, time limits by sally

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

Military historian jailed for exposing himself to farmer overturns restraining order – Daily Telegraph

Posted April 8th, 2015 in firearms, harassment, indecent exposure, news, restraining orders, sexual offences by sally

‘Military historian Kenneth Ward who was jailed in 2011 for exposing himself to a female neighbour is told he can move back to his former home after a restraining order is relaxed.’

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Daily Telegraph, 6th April 2015

Source: www.telegraph.co.uk

Martyn Uzzell A65 death: North Yorkshire County Council settles with widow – BBC News

Posted April 8th, 2015 in bereavement, bicycles, compensation, inquests, local government, news, roads by sally

‘The widow of a cyclist who died after he hit a pothole on his bike has received a six-figure payout from a council.’

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BBC News, 8th April 2015

Source: www.bbc.co.uk

CPS seeks retrial for prison officer after conviction quashed – The Guardian

Posted April 8th, 2015 in appeals, Crown Prosecution Service, delay, media, misfeasance in public office, news, prison officers by sally

‘A prison officer whose conviction over leaks to newspapers was quashed by the court of appeal is facing a retrial, it has been confirmed.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

‘Ship this bed’ TV ad unlikely to cause serious offence, says watchdog – The Guardian

Posted April 8th, 2015 in advertising, children, complaints, news, ombudsmen by sally

‘A TV ad featuring the repeated phrase “ship this bed” has been cleared by the advertising watchdog – but it has been banned from being shown when children might be watching.’

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The Guardian, 8th April 2015

Source: www.guardian.co.uk

Banker dubbed ‘Crazy Miss Cokehead’ awarded £3.2m for sexual harassment – Daily Telegraph

Posted April 8th, 2015 in bullying, compensation, damages, employment tribunals, harassment, mental health, news, professional conduct, sex discrimination, unfair dismissal by sally

‘Cambridge graduate Svetlana Lokhova in cash payout from London branch of Sberbank CIB after being driven to mental breakdown by bullying colleagues.’

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Daily Telegraph, 7th April 2015

Source: www.telegraph.co.uk

ASA rejects personal injury advert complaint because consumers ‘now understand how claims work’ – Legal Futures

Posted April 8th, 2015 in advertising, compensation, complaints, consumer protection, law firms, negligence, news, personal injuries by sally

‘The Advertising Standards Authority (ASA) has rejected a complaint against a west country personal injury law firm, saying that consumers now have “a general awareness that to have a valid claim there would have to be some degree of fault or negligence by a third party”.’

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Legal Futures, 8th April 2015

Source: www.legalfutures.co.uk

More fines for unsolicited calls or texts likely, says ICO, as new rules come into force – OUT-LAW.com

Posted April 8th, 2015 in complaints, consumer protection, fines, news, nuisance, ombudsmen, privacy, statistics, telecommunications by sally

‘Changes to the rules governing when the Information Commissioner’s Office (ICO) can fine companies for making unsolicited telephone calls or sending unsolicited text messages will help the UK’s privacy watchdog to “make more fines stick”, it has said.’

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OUT-LAW.com, 7th April 2015

Source: www.out-law.com

‘In The Alternative’: Proprietary Estoppel in Cohabitation Cases – The Impact of the Decision in Blackburn v. Southwell – No. 5 Chambers

Posted April 7th, 2015 in appeals, cohabitation, constructive trusts, estoppel, news by sally

‘Last summer the case of Southwell v Blackburn came before the Court of Appeal. The subject of the appeal was the correct application of the equitable remedy of proprietary estoppel within the context of a cohabiting couple. Judgment was handed down on 16th October 2014 (reported under [2014] EWCA Civ 1347) and was subsequently described in the national press as a ‘landmark ruling’ in relation to the rights and entitlements of unmarried couples when their relationships come to an end. This article examines whether the decision has in fact moved the law on in such seismic terms.’

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No. 5 Chambers, 1st April 2015

Source: www.no5.com

Supply and Appropriation (Anticipation and Adjustments) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Supply and Appropriation (Anticipation and Adjustments) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

Finance Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, legislation by sally

Finance Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

International Development (Official Development Assistance Target) Act 2015 – legislation.gov.uk

Posted April 7th, 2015 in budgets, charities, legislation, United Nations by sally

International Development (Official Development Assistance Target) Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

‘Uncertainty’ over second 8.75% legal aid fee cut – Law Society’s Gazette

Posted April 7th, 2015 in fees, legal aid, news, solicitors by sally

‘Criminal practitioners are demanding answers from the Legal Aid Agency over what they say is uncertainty regarding proposed cuts in fees.’

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Law Society’s Gazette, 3rd April 2015

Source: www.lawgazette.co.uk

No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

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Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

Family Court Key Decision Review: Part 1 – No. 5 Chambers

Posted April 7th, 2015 in care orders, costs, delay, documents, local government, news by sally

‘In the first of a new series of quarterly round ups, Kathryn Taylor reviews some of the key decisions of the family court since December 2014, with a particular emphasis on Local Authority failings.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

Self-harm, drug-taking and sexual abuse more common in privately run prisons, new figures show – The Independent

Posted April 7th, 2015 in contracting out, drug abuse, news, prisons, self-harm, sexual offences by sally

‘Twenty-five years after the first private facility opened in Britain, private jails are performing far worse than government-operated facilities on at least a dozen counts. They account for a higher proportion of fighting, sexual assaults, drug-taking, self-harming, hunger strikes, and prisoner escapes than public-sector prisons, according to an analysis by The Independent on Sunday of new government statistics.’

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The Independent, 5th April 2015

Source: www.independent.co.uk

Personal injury claims: cases of fundamental dishonesty – Park Square Barristers

Posted April 7th, 2015 in fraud, fundamental dishonesty, inducements, news, personal injuries by sally

‘On 12 February 2015, the Criminal Injuries and Courts Act 2015 received royal assent. Buried in the midst of this legislation are 5 sections which address issues of significant importance and interest to personal injury (PI) lawyers – cases of fundamental dishonesty and inducements.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

PE teacher paid £40,000 following an injury when demonstrating the long jump – Daily Telegraph

Posted April 7th, 2015 in compensation, news, personal injuries, teachers, trade unions by sally

‘A PE teacher who won £41,000 after injuring himself while demonstrating the long jump​​ and a teacher given £75,000 for tripping over a carpet were ​ among thousands of claims worth more than £26 million last year.’

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Daily Telegraph, 3rd April 2015

Source: www.telegraph.co.uk