Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? – 4 New Square

Posted January 16th, 2020 in news by sally

‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’

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4 New Square, 14th January 2020

Source: www.4newsquare.com

One appeal, Two Bakers and Three tries at a fact finding – Transparency Project

Posted January 16th, 2020 in news by sally

‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’

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Transparency Project, 15th January 2020

Source: www.transparencyproject.org.uk

The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers

Posted January 16th, 2020 in news by sally

‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Knife or offensive weapon offences at 10-year high in England and Wales – The Guardian

Posted January 16th, 2020 in news by sally

‘The number of knife or offensive weapon offences receiving cautions or convictions in England and Wales has hit a 10-year-high.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Ombudsman criticises council for failing to properly involve complainant in assessment and support planning process – Local Government Lawyer

Posted January 16th, 2020 in news by sally

‘A council significantly delayed completing an assessment of a complainant’s social care needs, failed to complete a support plan before reducing his personal budget and failed to properly involve him in the assessment and support planning process, the Local Government and Social Care Ombudsman has found.’

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Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Prison sentences for fly-tippers as government announces new ‘waste police’ unit – Daily Telegraph

Posted January 16th, 2020 in news by sally

‘Fly-tippers will face prison, the environment secretary has said, as the government announces a new “waste police” unit.f

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Daily Telegraph, 15th January 2020

Source: www.telegraph.co.uk

Judges’ sentencing in high-profile court cases to be televised – The Guardian

Posted January 16th, 2020 in news by sally

‘Judges sentencing convicted offenders in high-profile criminal cases in England and Wales, including murders, rapes and other serious offences, will be televised from later this year, the Ministry of Justice has said.’

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The Guardian, 16th January 2020

Source: www.theguardian.com

Lessons learned from account forfeiture proceedings (NCA v Vlad Luca Filat) – 5 SAH

Posted January 16th, 2020 in news by sally

‘The Crown Court dismissed Vlad Luca Filat’s appeal against the decision to forfeit £500,000 held in three bank accounts in his name. The court held that the money derived from bribery and corruption offences committed by the appellant’s father, the former prime minister of Moldova, and was obtained by money laundering. The case was the National Crime Agency’s first contested account forfeiture application. James Fletcher, barrister at 5SAH Chambers, who appeared for the National Crime Agency, suggests that these types of applications are likely to be deployed more and more often.’

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5 SAH, 14th January 2020

Source: www.5sah.co.uk

Strike out decision sent back over judge’s ‘lack of adequate reasoning’ – Law Society’s Gazette

Posted January 16th, 2020 in news by sally

‘An employment tribunal has been ordered to look again at whether a claim against a law firm should continue, after the judge’s initial decision was found to be inadequately explained.’

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Law Society's Gazette, 15th January 2020

Source: www.lawgazette.co.uk

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

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Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Resident fails in High Court challenge to planning consent for sand and gravel extraction project – Local Government Lawyer

Posted January 16th, 2020 in environmental protection, judicial review, news, planning by sally

‘A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.’

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Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Wellbeing charity and universities launch online resource promoting mental wellbeing practices for legal professionals – Local Government Lawyer

Posted January 16th, 2020 in charities, internet, legal profession, mental health, news, universities by sally

‘Legal mental health and wellbeing charity LawCare and academics at the University of Sheffield and The Open University have launched a free, online resource for legal professionals in hopes of teaching better wellbeing practices in the sector.’

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Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor duped by ‘fake’ wife fined for failing to check ID – Legal Futures

Posted January 16th, 2020 in disciplinary procedures, fines, identity fraud, loans, news, solicitors by sally

‘An experienced solicitor has been fined £20,000 for misconduct after being duped into accepting that a woman was who she said she was because he did not require documentary proof.’

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Legal Futures, 16th January 2020

Source: www.legalfutures.co.uk

Criminal records scandal: police chiefs blame Theresa May – The Guardian

Posted January 16th, 2020 in budgets, criminal records, deportation, government departments, news, police by sally

‘Theresa May has been blamed by chief constables for botched police reforms that led to tens of thousands of alerts on foreign criminals being kept from their home countries.’

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The Guardian, 15th January 2020

Source: www.theguardian.com

Adoption practices under review amid concerns prospective parents being wrongfully turned away – Daily Telegraph

Posted January 16th, 2020 in adoption, minorities, news, race discrimination by sally

‘Adoption practices are set to be reviewed amid concerns that prospective parents are wrongfully being turned away in the wake of a landmark discrimination case.’

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Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Unincorporated Associations have capacity to bring public law claims – Landmark Chambers

Posted January 16th, 2020 in judicial review, news, unincorporated associations by sally

‘In a detailed judgment handed down today (14 January), Mrs Justice Lieven has ruled that, as a matter of principle, unincorporated associations have capacity to bring both judicial review proceedings and statutory challenges in their own name. Whilst in certain circumstances the addition or substitution of named individuals may be necessary for practical reasons such as security for costs, or where there is uncertainty about membership of the body, the inclusion of named individuals is not necessary for the validity of the claim.’

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Landmark Chambers, 14th January 2020

Source: www.landmarkchambers.co.uk

NHS maternity scandal: Inquiry into baby deaths now looking at 900 cases – Daily Telegraph

Posted January 16th, 2020 in birth, hospitals, inquiries, news, pregnancy by sally

‘The inquiry into Britain’s worst maternity scandal is now reviewing 900 cases, a health minister has confirmed.’

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Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Judge under fire for telling violent abuser to take up running – Daily Telegraph

‘A judge has been criticised for telling a domestic violence offender to take up running to control his behaviour.’

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Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

The role of CAFCASS in relation to non-subject children: A Case Study of A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) – Parklane Plowden

‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’

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Parklane Plowden, 13th January 2020

Source: www.parklaneplowden.co.uk

BAME offenders ‘far more likely than others’ to be jailed for drug offences – The Guardian

Posted January 16th, 2020 in drug offences, minorities, news, sentencing by sally

‘Black and minority ethnic offenders are far more likely to be sent to prison for drug offences than other defendants, according to groundbreaking research commissioned by the Sentencing Council.’

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The Guardian, 15th January 2020

Source: www.theguardian.com