Claimants who discontinued huge case during trial ordered to pay indemnity costs – Litigation Futures

Posted October 19th, 2018 in bankruptcy, civil procedure rules, costs, debts, indemnities, insolvency, news by sally

‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’

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Litigation Futures, 19th October 2018

Source: www.litigationfutures.com

Transport for London appeals High Court ruling on cycle superhighway – Local Government Lawyer

‘Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.’

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Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Reform and the future of family justice: where is the court modernisation programme heading? – Family Law

Posted October 19th, 2018 in case management, family courts, news by sally

‘The following is an extract from a talk delivered by the immediate past President of the Family Division to the Cheshire and North Wales Resolution Family Law Conference at Chester on 25 September 2018. The full version will appear in the November issue of Family Law.’

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Family Law, 18th October 2018

Source: www.familylaw.co.uk

Woman with learning difficulties not told she had contraceptive device covertly fitted – Daily Telegraph

‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’

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Daily Telegraph, 18th October 2018

Source: www.telegraph.co.uk

Name checks to begin on bank payments – BBC News

Posted October 19th, 2018 in banking, fraud, news by sally

‘The name of someone receiving a payment will be as important as their banking details for the first time from next summer, in an attempt to combat fraud.’

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BBC News, 18th October 2018

Source: www.bbc.co.uk

Homicide rate in England and Wales highest since 2008 – The Guardian

Posted October 19th, 2018 in homicide, murder, news, police, robbery, sentencing, sexual offences, statistics, theft by sally

‘The murder and manslaughter rate in England and Wales has risen to the highest in a decade, official figures show.’

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The Guardian, 18th October 2018

Source: www.theguardian.com

‘Drunk’ women face harsher sentences than men, research claims – Law Society’s Gazette

Posted October 19th, 2018 in alcohol abuse, equality, news, sentencing, statistics, women by sally

‘Women are twice as likely as men to receive harsher sentences for assault offences when alcohol is a contributory factor, according to a new study.’

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Law Society's Gazette, 19th October 2018

Source: www.lawgazette.co.uk

Home Office ordered to pay damages to sex-trafficking victim – The Guardian

‘A woman who was trafficked into Britain for prostitution and later locked up in an immigration centre is entitled to substantial damages from the Home Office for unlawful detention, the high court has ruled.’

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The Guardian, 18th October 2018

Source: www.theguardian.com

SRA prosecutes solicitor for second time over same case – Legal Futures

‘The Solicitors Regulation Authority (SRA) is taking the unusual step of prosecuting a solicitor for the second time over the same issue.’

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Legal Futures, 19th October 2018

Source: www.legalfutures.co.uk

Research launched to assess whether biased advice is distorting access to justice – Family Law

Posted October 19th, 2018 in bias, children, legal aid, litigants in person, McKenzie friends, news by sally

‘A new research project will examine whether vulnerable people representing themselves in child court cases find themselves and their children put at risk by misinformed or biased online legal advice.’

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Family Law, 18th October 2018

Source: www.familylaw.co.uk

‘Fred and Rosemary West of Barry’ jailed for abusing girls – The Guardian

‘A husband and wife nicknamed Fred and Rosemary West in their south Wales town have been jailed for grooming and raping teenage girls over three decades.’

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The Guardian, 18th October 2018

Source: www.theguardian.com

Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association

‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’

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UK Constitutional Law Association, 18th October 2018

Source: ukconstitutionallaw.org

‘We are at a pivotal point’: Bar Council adds voice to AGFS anger – Law Society’s Gazette

Posted October 18th, 2018 in advocacy, barristers, fees, news by sally

‘Advocates are ‘seriously questioning’ whether a career at the criminal bar is financially viable, the barristers’ representative body has said, as it warns the government that the situation is fast approaching the point of no return.’

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Law Society's Gazette, 16th October 2018

Source: www.lawgazette.co.uk

MPs call for review of ‘patchwork’ laws on dangerous dogs – Law Society’s Gazette

Posted October 18th, 2018 in dogs, news, select committees by sally

‘A patchwork of dog control laws, including some that date back 150 years, is causing unnecessary confusion about liability, MPs have warned. The House of Commons select committee on environment, food and rural affairs has told the government to consolidate the ‘disparate pieces’ of legislation into a ‘single coherent’ Dog Control Act.’

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Law Society's Gazette, 17th October 2018

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 18th, 2018 in legislation by tracey

The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018

The Feed-in Tariffs and Contracts for Difference (Amendment) (EU Exit) Regulations 2018

The Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018

The Environmental Noise (England) (Amendment) Regulations 2018

The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018

The Social Security (Updating of EU References) (Amendment) Regulations 2018

The Public Lending Right Scheme 1982 (Amendment) (EU Exit) Regulations 2018

The Pensions Act 2004 (Code of Practice) (Authorisation and Supervision of Master Trusts) Appointed Day Order 2018

Source: www.legislation.gov.uk

High Court rejects “increasingly bizarre” claims against barrister arbitrator – Litigation Futures

Posted October 18th, 2018 in arbitration, bailment, barristers, news, restraint orders by sally

‘The High Court has rejected as “totally without merit” a set of claims against a barrister arbitrator, including a claim in bailment for gold bullion.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

Highway Code to promote ‘Dutch reach’ to protect cyclists – The Guardian

Posted October 18th, 2018 in accidents, bicycles, news, road traffic by sally

‘Measures to protect cyclists are to be introduced in the Highway Code, including a new recommendation on how to get out of a vehicle without “dooring” a passing rider.’

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The Guardian, 18th October 2018

Source: www.theguardian.com

UK government reveals transition from EU to UK law for financial instruments – OUT-LAW.com

Posted October 18th, 2018 in brexit, EC law, financial regulation, news by sally

‘The UK’s Financial Conduct Authority (FCA) will be given a set of temporary powers giving it flexibility over the operation of the transparency regime for the EU’s second Markets in Financial Instruments Directive (MiFID II) after Brexit.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

Land Registry aims for first digital property transfer – Legal Futures

Posted October 18th, 2018 in electronic filing, land registration, news, sale of land by sally

‘The Land Registry has set itself the target of completing the first fully digital transfer of a property in the coming year to prove the value of smart contracts.’

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Legal Futures, 17th October 2018

Source: www.legalfutures.co.uk

Munby troubled by Court of Protection cases being ‘transferred up’ – Law Society’s Gazette

Posted October 18th, 2018 in children, Court of Protection, families, family courts, news by sally

‘Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act – a practice that the former president of the family division finds ‘deeply troubling’.’

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Law Society's Gazette, 16th October 2018

Source: www.lawgazette.co.uk