Injunctions in Anticipation of the Inevitable – Illegal Raves, Flytipping and Travellers – Hardwicke Chambers

Posted December 12th, 2018 in injunctions, news, travellers, trespass, waste by sally

‘There are increasing numbers of injunctions against incursions onto private and public land by “persons unknown”.’

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Hardwicke Chambers, 7th November 2018

Source: hardwicke.co.uk

GDPR: Small business owners still ‘clueless’ about Data Protection Rules, study claims – The Independent

Posted December 12th, 2018 in data protection, EC law, news, small businesses by sally

‘Small business owners polled for a new survey have admitted they are still “clueless” about GDPR – leaving the personal data of millions of employees and customers at risk.’

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The Independent, 12th December 2018

Source: www.independent.co.uk

Taxpayers have no right to attend hearing to approve HMRC information notices – OUT-LAW.com

‘UK taxpayers and third parties have no right to attend a tax tribunal hearing to consider the issue of notices by HM Revenue & Customs (HMRC) requiring the provision of information relevant to tax enquiries, the first-tier tax tribunal has decided.’

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OUT-LAW.com, 12th December 2018

Source: www.out-law.com

TCC decides that new trains for the Piccadilly Line cannot be held up by procurement dispute – Henderson Chambers

Posted December 12th, 2018 in contracting out, damages, news, public procurement, railways, tenders by sally

‘This case somewhat starkly makes clear that where the automatic suspension of a public procurement process is preventing the putting in place of a key public service, it is very unlikely that the court will refuse to lift the suspension on American Cyanamid principles (ACPs). The case also makes clear that challengers cannot assume that commercial confidentiality will be enforced by way of private hearings in public procurement disputes. Written by Adam Heppinstall, barrister at Henderson Chambers.’

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Henderson Chambers, 11th December 2018

Source: www.hendersonchambers.co.uk

Human dignity in a time of austerity: the Rule of Law as a counterpoint to the hostile environment for migrants – Garden Court Chambers

Posted December 12th, 2018 in asylum, budgets, human rights, immigration, news, rule of law by sally

‘Garden Court Chambers’ Amanda Weston QC delivered the plenary speech at our inaugural Migrant Support Conference with Legal Action Group (LAG) on 28 November 2018.’

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Garden Court Chambers, 3rd December 2018

Source: 2h12ms1eq7wnva373scllpi9-wpengine.netdna-ssl.com

Letters of intent – what you need to know – Hardwicke Chambers

Posted December 12th, 2018 in construction industry, contracts, interpretation, news by sally

‘With the recent Court of Appeal decision in Arcadis Consulting v AMEC [2018] EWCA Civ 2222 highlighting the risks involved in working under a letter of intent, it is worth having a recap on this area of law.’

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Hardwicke Chambers, 5th November 2018

Source: hardwicke.co.uk

“Do you get all of the service charge?” – Hardwicke Chambers

Posted December 12th, 2018 in employment, news, remuneration by sally

‘Look no further than this press release from BEIS on 1 October 2018 to gauge the government’s enthusiasm for highlighting that it has been thinking about policy and issues other than Brexit over the last couple of years:

“The government has announced plans to ensure that tips left for workers will go to them in full. While most employers act in good faith, in some sectors evidence points towards poor tipping practices, including excessive deductions being made from tips left by customers. New legislation, to be introduced at the earliest opportunity, will set out that tips must go to the workers providing the service.”’

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Hardwicke Chambers, 1st November 2018

Source: hardwicke.co.uk

Grenfell Tower: second phase of inquiry ‘could be delayed until 2020’ – The Guardian

Posted December 12th, 2018 in fire, health & safety, inquiries, news by sally

‘The next phase of the public inquiry into the Grenfell Tower fire could be delayed until 2020, according to counsel for one of the core participants, raising concerns that it could be at least three years after the disaster claimed 72 lives that it will report back fully.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

Inquest concludes into self-inflicted death of Ellie Brabant in mental health unit run by Southern Health – Garden Court Chambers

Posted December 12th, 2018 in death in custody, inquests, mental health, news, suicide by sally

‘The inquest into the self-inflicted death of Ellie Brabant has concluded, with the coroner finding that the lack of a clear care plan, and the decision to discharge Ellie from Section 3 of the Mental Health Act more than minimally contributed to her death. Her family were represented by Sarah Hemingway of the Garden Court Chambers Civil Liberties Team.’

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Garden Court Chambers, 13th November 2018

Source: www.gardencourtchambers.co.uk

Artificial intelligence set to free solicitors from lower-level work: SRA – Local Government Lawyer

Posted December 12th, 2018 in artificial intelligence, legal services, news, solicitors by sally

‘Artificial intelligence (AI) will free up solicitors from lower-level work to carry out more complex tasks, a new report from the Solicitors Regulation Authority has said.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

Sexual assault victims waiting a year for counselling, MPs say – The Guardian

Posted December 12th, 2018 in budgets, news, sexual offences, social services, victims by sally

‘Sexual assault victims are waiting up to 14 months for counselling as specialist support services struggle to cope with unprecedented demand, MPs have said.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

Ombudsman reminds councils of duty to provide alternative education – Local Government Lawyer

Posted December 12th, 2018 in local government, news, ombudsmen, school exclusions by sally

‘The Local Government and Social Care Ombudsman has issued a reminder to council school attendance teams that their duty to provide alternative education may arise for reasons other than exclusion and illness.’

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Local Government Lawyer, 12th December 2018

Source: www.localgovernmentlawyer.co.uk

High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions – Garden Court Chambers

‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’

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Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk

Independent Case Review – Oxford Diocese – Law & Religion UK

Posted December 12th, 2018 in Church of England, clergy, disciplinary procedures, news by sally

‘Today, 12th December, the Diocese of Oxford has issued the following Press Release on the establishment of an Independent Case Review of the diocesan safeguarding response to allegations of spiritual abuse in the case of the Revd Tim Davis.’

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Law & Religion UK, 12th December 2018

Source: www.lawandreligionuk.com

Ripping Up the Mental Health Act? – Doughty Street Chambers

Posted December 12th, 2018 in detention, mental health, news, reports by sally

‘The final report of the Independent Mental Health Act Review (“Modernising the Mental Health Act: Increasing choice, reducing compulsion”) has been released. For an analysis of how the Review engages with the UNCRPD, see the post by my colleague Oliver Lewis.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 12th, 2018 in legislation by tracey

The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018

The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018

The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018

The Stamp Duty Land Tax (Administration) (Amendment) Regulations 2018

The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018

The Value Added Tax (Input Tax) (Specified Supplies) (Amendment) Order 2018

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 12th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

F (A Child : Placement Order: Proportionality) [2018] EWCA Civ 2761 (11 December 2018)

Morris v Swanton Care & Community Ltd [2018] EWCA Civ 2763 (11 December 2018)

The Secretary of State for the Home Department v SM (Rwanda) [2018] EWCA Civ 2770 (11 December 2018)

Stallion Eight Shipping Co. SA v Natwest Markets Plc [2018] EWCA Civ 2760 (11 December 2018)

High Court (Administrative Court)

Worthington, R (On the Application Of) v The Mother of Poppi Worthington & Ors [2018] EWHC 3386 (Admin) (11 December 2018)

Jet2.Com Ltd, R (On the Application Of) v Civil Aviation Authority [2018] EWHC 3364 (Admin) (10 December 2018)

High Court (Commercial Court)

Capital Alternatives Sales and Marketing Ltd v Nabas & Ors [2018] EWHC 3345 (Comm) (11 December 2018)

High Court (Queen’s Bench Division)

Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) (10 December 2018)

Warsama & Anor v The Foreign And Commonwealth Office & Or (Bill of Rights – basis of damages in Convention Claims – loss of a chance – costs) [2018] EWHC 3393 (QB) (05 December 2018)

Source: www.bailii.org

Multiplicity of legal regulators “not helping AML fight” – Legal Futures

Posted December 12th, 2018 in financial regulation, money laundering, news by sally

‘The “multiplicity” of legal and accountancy regulators in the UK is not helping the fight against money laundering, the Financial Action Task Force (FATF) has complained.’

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Legal Futures, 12th December 2018

Source: www.legalfutures.co.uk

Poppi Worthington’s father fails in bid to clear his name – Daily Telegraph

Posted December 12th, 2018 in child abuse, coroners, inquests, judicial review, news by sally

‘The father of Poppi Worthington has failed in his latest bid to clear his name after the High Court ruled the coroner who said he “probably sexually assaulted” his daughter “cannot be faulted”.’

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Daily Telegraph, 11th December 2018

Source: www.telegraph.co.uk

What does the Brexit Withdrawal Agreement mean for the European Arrest Warrant? Read the small print… – Doughty Street Chambers

Posted December 12th, 2018 in brexit, EC law, extradition, news, warrants by sally

‘Whether you consider it is the duty of our fellow citizens to read the 599 pages of the Withdrawal Agreement before expressing an opinion on Brexit, it is certainly the duty of any lawyer entering the fray.’

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Doughty Street Chambers, 27th November 2018

Source: insights.doughtystreet.co.uk