Tribunal refuses to hear preliminary issue in bank payroll tax case – OUT-LAW.com

‘A procedural point on whether HM Revenue & Customs (HMRC) had validly given notices of enquiry within the requisite time limits should not be heard separately as a preliminary issue, the First-tier Tax Tribunal (FTT) has decided in a case concerning bank payroll tax (BPT).’

Full Story

OUT-LAW.com, 7th December 2018

Source: www.out-law.com

Case Comments: KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 – UKSC Blog

‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’

Full Story

UKSC Blog, 4th December 2018

Source: ukscblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 7th, 2018 in legislation by tracey

The Financial Services (Banking Reform) Act 2013 (Commencement No. 12) Order 2018

The European Economic Interest Grouping (Amendment) (EU Exit) Regulations 2018

The European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2018

The Local Government (Structural and Boundary Changes) (Amendment) Regulations 2018

The European Enforcement Order, European Order for Payment and European Small Claims Procedure (Amendment etc.) (EU Exit) Regulations 2018

The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018

The Local Elections (Parishes and Communities) (England and Wales) (Amendment) (England) Rules 2018

The Local Elections (Principal Areas) (England and Wales) (Amendment) (England) Rules 2018

The Road Vehicles (Registration, Registration Plates and Excise Exemption) (Amendment) (EU Exit) Regulations 2018

The Trade Barriers (Revocation) (EU Exit) Regulations 2018

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 13) Order 2018

The Trade Repositories (Amendment and Transitional Provision) (EU Exit) Regulations 2018

BAILII: recent Decisions

Posted December 7th, 2018 in law reports by tracey

Supreme Court

London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 (5 December 2018)

Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA [2018] UKSC 61 (5 December 2018)

S Franses Limited v The Cavendish Hotel (London) Ltd [2018] UKSC 62 (5 December 2018)

Court of Appeal (Civil Division)

M (A Child) (Secure Accommodation) [2018] EWCA Civ 2707 (06 December 2018)

Alibkhiet v London Borough of Brent v City of Westminster [2018] EWCA Civ 2742 (06 December 2018)

SR (A Child), Re [2018] EWCA Civ 2738 (06 December 2018)

Hopkinson & Ors v Towergate Financial (Group) Ltd & Ors [2018] EWCA Civ 2744 (06 December 2018)

AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 (06 December 2018)

Cadbury UK Ltd v The Comptroller General of Patents Designs And Trade Marks [2018] EWCA Civ 2715 (05 December 2018)

Court of Appeal (Criminal Division)

Roberts & Ors v R [2018] EWCA Crim 2739 (06 December 2018)

High Court (Administrative Court)

CL, R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 3333 (Admin) (06 December 2018)

High Court (Chancery Division)

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors [2018] EWHC 3343 (Ch) (06 December 2018)

Gill & Anor v Brar & Anor [2018] EWHC 3334 (Ch) (06 December 2018)

High Court (Family Division)

C (a Child), Re [2018] EWHC 3332 (Fam) (06 December 2018)

Source: www.bailii.org

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by tracey

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

Full Story

Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

Speech by Mrs Justice Cheema-Grubb DBE – Courts and Tribunals Judiciary

Posted December 7th, 2018 in criminal justice, speeches by tracey

‘Speech by Mrs Justice Cheema-Grubb DBE.’

Full speech

Courts and Tribunals Judiciary, 6th December 2018

Source: www.judiciary.uk

Speech by Sir Ernest Ryder: First International Forum on Online Courts – Courts and Tribunals Judiciary

‘Speech by Sir Ernest Ryder: First International Forum on Online Courts.’

Full speech

Courts and Tribunals Judiciary, 6th December 2018

Source: www.judiciary.gov

BSB seeks views on how to recover costs for overseeing new Bar training rules – Bar Standards Board

Posted December 7th, 2018 in barristers, consultations, costs, fees, legal education, press releases, pupillage by tracey

‘The Bar Standards Board (BSB) has today launched a consultation seeking views on the charging model it proposes to introduce for organisations providing Bar training. These organisations are known as Authorised Education and Training Organisations (AETOs).’

Full press release

Bar Standards Board, 6th December 2018

Source: www.barstandardsboard.org

Government-commissioned review recommends legal aid for bereaved families – Law Society’s Gazette

‘The government has announced that it will introduce a new mental health bill following today’s publication of the findings of an independent review into the Mental Health Act 1983. However it is silent on the review’s recommendation that bereaved families should receive non-means tested legal aid – despite already pledging to accept two other recommendations.’

Full Story

Law Society's Gazette, 6th December 2018

Source: www.lawgazette.co.uk

Home Office unlawfully removed child asylum seeker from UK, High Court rules – The Independent

‘The Home Office unlawfully removed a child asylum seeker from the UK and has been ordered to arrange his return in a landmark High Court ruling.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk

Two Tesco directors cleared of fraud as judge labels case ‘weak’ – The Guardian

Posted December 7th, 2018 in fraud, judges, juries, news, Serious Fraud Office by tracey

‘Two former Tesco executives accused of masterminding a fraud that triggered the biggest financial crisis in the supermarket chain’s 100-year history have been cleared after the judge threw out the case stating the prosecution case was “so weak” it should not be before a jury.’

Full Story

The Guardian, 6th December 2018

Source: www.theguardian.com

‘Sexting’ allegations made against teenage boy will remain on file until he is 100 – despite no conviction – Daily Telegraph

‘Allegations made against a teenage boy that he ‘sexted’ girls at his school could remain on his police file until he is 100 – even though he was never convicted of any offence. The boy, known only as CL, lost a High Court legal bid to force the police to delete the details of the case.’

Full Story

Daily Telegraph, 6th December 2018

Source: www.telegraph.co.uk

Police to stop passing on immigration status of crime victims – The Guardian

Posted December 7th, 2018 in codes of practice, data protection, deportation, immigration, news, police, victims by tracey

‘Police will cease to automatically pass information about people suspected of being in the country illegally to deportation authorities if they come forward as victims of crime, according to a new policy hammered out in the wake of the Windrush scandal, the Guardian has learned.’

Full Story

The Guardian, 6th December 2018

Source: www.theguardian.com

More than 40 drug driving convictions overturned in probe over ‘data manipulation’ at forensics lab – The Independent

‘More than 40 drug driving prosecutions have so far been quashed over the manipulation of data at a forensics laboratory charged with testing samples from across the UK.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk

‘Catfish’ rapist who blackmailed victims he met online is jailed for 15 years – Daily Telegraph

‘A “predatory sex offender” who was spared jail after blackmailing a girl he met online went on to rape a woman after his rehabilitation course was delayed due to “financial constraints,” a court has heard.’

Full Story

Daily Telegraph, 6th December 2018

Source: www.telegraph.co.uk

Hillsborough police chief to face 95 manslaughter charges after judge rejects bid to halt prosecution – The Independent

‘The former chief superintendent of South Yorkshire Police is to stand trial for the manslaughter of 95 fans at Hillsborough after an attempt to halt the case failed.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk

Former trustees of MA 1985 (formerly Muslim Aid) criticised after investigation finds serious mismanagement – Charity Commission

‘The Charity Commission has found serious mismanagement on the part of the former board of trustees of MA 1985 (formerly Muslim Aid), as set out in an inquiry report published today.’

Full press release

Charity Commission, 6th December 2018

source: www.gov.uk/government/organisations/charity-commission

Law Society’s £30m cut of practising fees faces scrutiny – Legal Futures

Posted December 6th, 2018 in fees, Law Society, Legal Services Board, news, solicitors by sally

‘The £30m that the Law Society levies on solicitors for its representative work is to be put under the microscope by the Legal Services Board (LSB) next year.’

Full Story

Legal Futures, 6th December 2018

Source: www.legalfutures.co.uk

Police, military and courts lagging decades behind on ethnic diversity – The Guardian

Posted December 6th, 2018 in armed forces, diversity, judiciary, minorities, news, police by sally

‘Some of the groups wielding the most power in British society, such as the police, the judiciary and the military, are decades away from becoming as ethnically diverse as the population they serve, Guardian analysis has found.’

Full Story

The Guardian, 5th December 2018

Source: www.theguardian.com

Court service call centres “improving justice”, says minister – Litigation Futures

Posted December 6th, 2018 in bills, civil justice, courts, criminal justice, judiciary, news by sally

‘Justice minister Lucy Frazer has defended the role of call centres in the justice system during the committee stage of the Courts and Tribunals (Judiciary and Functions of Staff) Bill.’

Full Story

Litigation Futures, 6th December 2018

Source: www.litigationfutures.com