You should have read the CPR, judge tells litigant in person – Law Society’s Gazette

Posted April 4th, 2023 in civil procedure rules, judges, limitations, litigants in person, news by sally

‘A judge has chided a litigant in person for failing to familiarise himself with the civil procedure rules and the statutes governing limitation. Effectively quashing a defamation claim brought against Pakistani newspaper publishers, a broadcaster and a journalist, Master Cook said that claimant Shah Muhammad had not consulted the Kings Bench Guide and the CPR, both available online.’

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Law Society's Gazette, 3rd April 2023

Source: www.lawgazette.co.uk

Raab urged to fast-track plans to force criminals to attend sentencing – The Guardian

Posted April 4th, 2023 in murder, news, sentencing, sexual offences, victims by sally

‘Dominic Raab has been urged to fast-track plans to force criminals to attend their sentencing after the murderer of nine-year-old Olivia Pratt-Korbel refused to leave his cell to be sentenced on Monday.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

4 New Square Chambers Insurance Law Review – Spring 2023 – 4 New Square

Posted April 4th, 2023 in chambers articles, coronavirus, damages, exclusion clauses, fees, insurance, news, third parties by sally

‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’

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4 New Square, 28th March 2023

Source: www.4newsquare.com

Timothy Schofield found guilty of sexually abusing boy – BBC News

Posted April 4th, 2023 in child abuse, news, sexual offences by sally

‘The brother of television presenter Phillip Schofield has been found guilty of sexually abusing a boy.’

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BBC News, 3rd April 2023

Source: www.bbc.co.uk

Local Government Association raises concerns over Illegal Migration Bill, highlights conflict with Children Act 1989 – Local Government Lawyer

Posted April 4th, 2023 in asylum, bills, children, immigration, local government, news by sally

‘The Local Government Association (LGA) has warned that provisions in the Government’s Illegal Migration Bill regarding unaccompanied children could conflict with the Children Act 1989.’

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Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

Causation and Divisible Injury, The ‘Rocks Of Uncertainty’: CNZ (a minor) v Royal Bath Hospitals NHS Foundation Trust and Another [2023] EWHC 19 (KB) – 3PB

Posted April 4th, 2023 in apportionment, birth, chambers articles, contribution, hospitals, negligence, news, personal injuries by sally

‘CNZ v Royal United Bath Hospitals NHS Foundation Trust is a must-read for those practising in clinical negligence and especially for those practising in birth injury cases. However, the case also provides useful guidance on material contribution and apportionment. Ritchie J sketches out important parameters on the law on material contribution and extracts the important distinction between divisible injury and divisible
outcome. The terminology can be nebulous unless a distinction is drawn between these concepts (injury and outcome) which Ritchie J provided with welcomed clarity. The law on material contribution has migrated from industrial disease to clinical negligence litigation and the judgment provides important guidance when a Claimant suffers an injury from a combination of tortious and non-tortious causes.’

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3PB, March 2023

Source: www.3pb.co.uk

Olivia Pratt-Korbel: Thomas Cashman given mandatory life sentence – BBC News

Posted April 4th, 2023 in children, firearms, murder, news, sentencing by sally

‘Thomas Cashman, 34, has been jailed for 42 years for the murder of nine-year-old Olivia Pratt-Korbel in Liverpool.’

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BBC News, 3rd April 2023

Source: www.bbc.co.uk

South Yorkshire PC jailed for taking photo of teenager’s breasts – BBC News

Posted April 4th, 2023 in assault, news, police, sentencing, sexual offences by sally

‘A South Yorkshire Police officer who pulled down a teenager’s top and photographed her breasts has been jailed for eight months.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Council gets default ruling set aside in £6m mesothelioma case despite “inexcusable” delay – Local Government Lawyer

Posted April 4th, 2023 in asbestos, cancer, default judgments, delay, local government, news, personal injuries, setting aside by sally

‘The London Borough of Richmond has been allowed to defend a £6m mesothelioma claim, after the High Court set aside a default judgment made in 2021.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

Asylum seeker barge plan would face legal challenge – BBC News

Posted April 4th, 2023 in asylum, hotels, housing, news, ships by sally

‘Ministers are facing the prospect of a legal challenge if they go ahead with plans to house asylum seekers on a barge off the Dorset coast.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

UK watchdog warns chatbot developers over data protection laws – The Guardian

Posted April 4th, 2023 in artificial intelligence, data protection, internet, news by sally

‘Britain’s data watchdog has issued a warning to tech firms about the use of people’s personal information to develop chatbots after concerns that the underlying technology is trained on large quantities of unfiltered material scraped from the web.’

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The Guardian, 3rd April 2023

Source: www.theguardian.com

Judge grants permission to bring claim over alleged failure to treat as former relevant child – Local Government Lawyer

Posted April 4th, 2023 in care orders, children, housing, judicial review, local government, news by sally

‘A High Court judge has granted permission for a judicial review challenge over the London Borough of Lambeth’s alleged failure to treat a vulnerable 17 year old as a “looked after” child, by providing accommodation under the Housing Act, rather than pursuant to the provisions of the Children Act.’

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Local Government Lawyer, 31st March 2023

Source: www.localgovernmentlawyer.co.uk

James Allchurch: Podcaster guilty of racist crimes – BBC News

Posted April 4th, 2023 in inciting racial hatred, internet, Judaism, media, news, racism by sally

‘A podcaster has been found guilty of distributing racist and anti-Semitic content.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Inquiry into novichok death of Dawn Sturgess to begin in autumn 2024 – The Guardian

Posted April 4th, 2023 in inquiries, news, poisoning, Russia, spying by sally

‘The long-awaited independent inquiry into the death of Dawn Sturgess in the Wiltshire novichok poisonings will begin in autumn 2024, the Guardian can reveal.’

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The Guardian, 3rd April 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 3rd, 2023 in legislation by michael

SI 2023/380 – The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023

SI 2023/376 – The Value Added Tax (Installation of Energy-Saving Materials) Order 2023

SI 2023/375 – The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) (Amendment) Order 2023

SI 2023/373 – The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2023

SI 2023/372 – The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 3rd, 2023 in law reports by michael

Court of Appeal (Civil Division)

East Quayside 12 LLP v The Council of the City of Newcastle Upon Tyne [2023] EWCA Civ 359 (31 March 2023)

Abbasi & Anor v Newcastle Upon Tyne Hospitals NHS Foundation Trust [2023] EWCA Civ 331 (31 March 2023)

S, Re (A Child: Findings of Fact) [2023] EWCA Civ 346 (31 March 2023)

C, D And E (Care Proceedings: Adequacy of Reasons) [2023] EWCA Civ 334 (30 March 2023)

Gorbachev v Guriev & Ors [2023] EWCA Civ 327 (28 March 2023)

Zaman v London Borough of Waltham Forest [2023] EWCA Civ 322 (24 March 2023)

Court of Appeal (Criminal Division)

Oliver v Rex [2023] EWCA Crim 336 (30 March 2023)

Wu v Chelmsford City Council [2023] EWCA Crim 338 (30 March 2023)

High Court (Administrative Court)

Webberley v General Medical Council [2023] EWHC 734 (Admin) (31 March 2023)

British Gas Trading Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero [2023] EWHC 737 (Admin) (31 March 2023)

DM, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 740 (Admin) (31 March 2023)

Baciejowski v District Court in Koszalin, Poland [2023] EWHC 764 (Admin) (31 March 2023)

Knight, R (On the Application Of) v London Borough of Harrow [2023] EWHC 678 (Admin) (31 March 2023)

Dobrowolski v District Court in Bydgoszcz, Poland [2023] EWHC 763 (Admin) (31 March 2023)

Bounces Properties Ltd v Secretary of State for Levelling Up, Housing And Communities & Anor [2023] EWHC 735 (Admin) (30 March 2023)

the3million & Anor, R (On the Application Of) v Secretary of State for the Home Department & Anor [2023] EWHC 713 (Admin) (29 March 2023)

Matthews, R (On the Application Of) v The Parole Board for England and Wales (Rev1) [2023] EWHC 694 (Admin) (29 March 2023)

Nemeth v Judge of the District Court of Budapest, Hungary [2023] EWHC 692 (Admin) (28 March 2023)

High Court (Chancery Division)

Watts v Watts [2023] EWHC 679 (Ch) (03 April 2023)

JD Group Ltd, Re [2023] EWHC 775 (Ch) (03 April 2023)

Mercy Global Consult Ltd v Adegbuyi-Jackson & Ors [2023] EWHC 749 (Ch) (31 March 2023)

Arnstein v Coplexia Collaborative Llp & Anor [2023] EWHC 714 (Ch) (31 March 2023)

High Court (Commercial Court)

Discovery Land Company LLC & Ors v Axis Specialty Europe SE [2023] EWHC 779 (Comm) (03 April 2023)

Capital Green Recycling Ltd & Anor v Bird & Anor [2023] EWHC 760 (Comm) (03 April 2023)

Cantor Fitzgerald & Co v YES Bank Ltd [2023] EWHC 745 (Comm) (31 March 2023)

Lonestar Communications Corporation LLC v Kaye & Ors [2023] EWHC 732 (Comm) (30 March 2023)

Manek & Ors v 360 One Wam Ltd & Ors [2023] EWHC 710 (Comm) (30 March 2023)

High Court (Family Division)

TT v Essex County Council [2023] EWHC 721 (Fam) (03 April 2023)

High Court (Patents Court)

Price & Ors v Flitcraft Ltd & Ors [2023] EWHC 695 (Pat) (03 April 2023)

High Court (King’s Bench Division)

BAA & Ors v Commissioner of the British Indian Ocean Territory Administration (Paul Candler) & Ors [2023] EWHC 767 (KB) (31 March 2023)

Armstrong Watson Llp v Person(s) Unknown [2023] EWHC 762 (KB) (31 March 2023)

Muhammad v Daily The News International & Ors (Rev1) [2023] EWHC 674 (KB) (30 March 2023)

Waverley Borough Council v Gray & Ors [2023] EWHC 670 (KB) (29 March 2023)

High Court (Technology and Construction Court)

Elements (Europe) Ltd v FK Building Ltd [2023] EWHC 726 (TCC) (30 March 2023)

Source: www.bailii.org

The Elms: HC-One admits mistakes unacceptable in care home deaths – BBC News

Posted April 3rd, 2023 in care homes, causing death of children or vulnerable adults, elderly, inquests, news by sally

‘A major provider has admitted “unacceptable mistakes” in the care of three people who died after living at a home, which later closed over failures.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Why we hardly ever see published family court judgments – Transparency Project

Posted April 3rd, 2023 in anonymity, children, families, family courts, judgments, judiciary, news by sally

‘Amidst the attention being paid to the courts in the Reporting Pilot, especially the series of broadcasts on the BBC Today programme by Sanchia Berg recently, other outputs from the President’s Transparency Implementation Group (TIG) have been slowly emerging.’

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Transparency Project, 31st March 2023

Source: transparencyproject.org.uk

Thomas Parker murder: Man jailed for horseshoe attack – BBC News

Posted April 3rd, 2023 in imprisonment, murder, news, sentencing by sally

‘A man who murdered a fellow train passenger by hitting him on the head with a horseshoe has been jailed.’

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BBC News, 1st April 2023

Source: www.bbc.co.uk

Illegal eviction – attempted or accomplished? – Nearly Legal

Posted April 3rd, 2023 in appeals, housing, landlord & tenant, local government, news, repossession by sally

‘Not something we see very often, an appeal from a conviction for illegal eviction (not that we see many convictions for illegal eviction in the first place).’

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Nearly Legal, 2nd April 2023

Source: nearlylegal.co.uk