Supreme Court upholds challenge to council decision on intentional homelessness – Local Government Lawyer

Posted May 21st, 2015 in appeals, homelessness, local government, news, Supreme Court by sally

‘Local authorities have been advised to review urgently their intentional homelessness decision making after the Supreme Court – by a 4-1 majority – today upheld an appellant’s challenge.’

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Local Government Lawyer, 21st May 2015

Source: www.localgovernmentlawyer.co.uk

‘I Started Something I Couldn’t Finish’ – Wasted Costs Application Against Legal Representatives – Zenith PI Blog

‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

The London borough that has turned homeless people into ‘criminals – The Independent

‘Homeless people face being criminalised in a east London borough due to a ban on anti-social behaviour, a charity has warned.’

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The Independent, 21st May 2015

Source: www.independent.co.uk

Midwife struck off for misconduct after deaths of two babies – The Guardian

Posted May 21st, 2015 in birth, disqualification, midwives, news, professional conduct, tribunals by sally

‘A former midwife whose actions were said to have contributed to the deaths of two babies is to be struck off, a misconduct tribunal has ruled.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

Care officers subjected youngsters to ‘degrading treatment, racist comments’ – Daily Telegraph

‘Care officers at a secure detention centre for young offenders were found to be taking drugs at work, smuggling in “inappropriate” DVDs as Ofsted rates them inadequate.’

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Daily Telegraph, 20th May 2015

Source: www.telegraph.co.uk

Defence – Some personal reflections – Zenith PI Blog

Posted May 21st, 2015 in civil procedure rules, defence, news by sally

‘There is a striking difference between CPR part 16.4, which deals with the Particulars of Claim and 16.5, which deals with the defence. Whereas there is a clear instruction that the Particulars of Claim has to include only a concise statement of the facts on which the Claimant replies, there is no corresponding provision so far as the Defence is concerned.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

Victims of disability hate crime are still being let down, report claims – The Guardian

‘Victims of disability hate crimes are being failed by police, prosecutors and the probation service, according to a report by inspectors.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

The Law and the Gender Pay Gap – BBC Unreliable Evidence

Posted May 20th, 2015 in equal pay, gender, news, women by sally

‘Clive Anderson and a panel of senior legal experts discuss the apparent failure of the 1970 Equal Pay Act to bridge the gender pay gap.’
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BBC Unreliable Evidence, 13th May 2015

Source: www.bbc.co.uk

High Court: Tribunal right to disbar barrister who drafted false grounds of appeal – Legal Futures

Posted May 20th, 2015 in barristers, drafting, news, professional conduct, tribunals by sally

‘The High Court has upheld the disbarment of a barrister accused of drafting false grounds of appeal for a client found guilty on drugs charges.’
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Legal Futures, 19th May 2015

Source: www.legalfutures.co.uk

Legal aid legislation ‘disgracefully complex’ – Law Society’s Gazette

Posted May 20th, 2015 in contempt of court, legal aid, news by sally

‘The Court of Appeal has called for clarity over ‘disgracefully complex’ legal aid legislation after an elderly man was committed to prison in the absence of publicly funded legal representation to which he was entitled.’

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Law Society’s Gazette, 19th May 2015

Source: www.lawgazette.co.uk

Scott Sheard death: Bouncer jailed for four years – BBC News

Posted May 20th, 2015 in homicide, news, sentencing by sally

‘A nightclub bouncer convicted of killing a man who died more than two years after being punched outside a bar has been jailed for four years.’
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BBC News, 19th May 2015

Source: www.bbc.co.uk

Judgment prompts review of thousands of housing cases – Law Society’s Gazette

Posted May 20th, 2015 in homelessness, housing, local government, news, statutory duty by sally

‘Local authority housing lawyers will potentially have to review thousands of applications for accommodation after the Supreme Court widened the scope of vulnerable applicants who are considered homeless.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

Pension reforms loophole: Ex-wives may lose out in rule change over shared pot – Daily Telegraph

Posted May 20th, 2015 in divorce, news, pensions by sally

‘New rules allowing people to withdraw entire pension funds create loophole that can override agreements to share benefits built up by breadwinner.’

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Daily Telegraph, 20th May 2015

Source: www.telegraph.co.uk

Paedophile doctor Myles Bradbury’s appeal ‘contemptible’ – BBC News

Posted May 20th, 2015 in appeals, child abuse, doctors, news, sentencing, sexual offences by sally

‘A paedophile doctor’s appeal against his sentence is “utterly contemptible”, the mother of one victim has said.’

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BBC News, 19th May 2015

Source: www.bbc.co.uk

Intelligence agencies can hack computers without breaking UK laws – OUT-LAW.com

‘The UK government changed the law to enable intelligence agencies to engage in computer hacking without being said to be in breach of the Computer Misuse Act, privacy campaigners have claimed. The government has said the powers were already in existence and that the reforms merely serve to clarify the legal position.’

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OUT-LAW.com, 18th May 2015

Source: www.out-law.com

Man jailed for West Bromwich body in wheelie bin murder – BBC News

Posted May 20th, 2015 in murder, news, sentencing by sally

‘A man convicted of bludgeoning to death a Romanian woman whose body was found in a wheelie bin has been jailed for life.’

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BBC News, 19th May 2015

Source: www.bbc.co.uk

Civil procedure: costs recoverability – Law Society’s Gazette

‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

Garry Newlove killer’s sentence reduction bid rejected – BBC News

Posted May 20th, 2015 in appeals, murder, news, sentencing by sally

‘A man who kicked to death a father-of-three outside his Warrington home in 2007 has lost a bid to have his sentence reduced.’

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BBC News, 19th May 2015

Source: www.bbc.co.uk

Sex and the selfie generation – Halsbury’s Law Exchange

‘It is not just people that struggle to keep up with technology, but the law itself often lags behind. We have seen that on numerous occasions with the “Twitter prosecutions”, and had another example of that this week, when the Daily Mirror highlighted the story of “Alison” and “’Peter” (both pseudonyms) a couple aged 17 and 22 respectively.’

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Halsbury’s Law Exchange, 19th May 2015

Source: www.halsburyslawexchange.co.uk

Council defeats second judicial review challenge to nursery education decision – Local Government Lawyer

Posted May 20th, 2015 in children, education, judicial review, local government, news by sally

‘Two mothers have lost a High Court challenge to a council’s decision to stop providing full time nursery education free of charge for three-year-old children.’

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Local Government Lawyer, 19th May 2015

Source: www.localgovernmentlawyer.co.uk