Partial relief from sanction for claimant who submitted partial budget – Litigation Futures

‘A claimant who submitted a budget that did not include figures for trial preparation or trial has won relief from a decision that limited the entire budget to court fees only – but only for those parts of the budget that were completed.’

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Litigation Futures, 17th October 2018

Source: www.litigationfutures.com

Free movement of data – the next big thing? – Technology Law Update

Posted October 17th, 2018 in brexit, codes of practice, data protection, EC law, freedom of movement, news by sally

‘European law makers are planning a big step towards enabling the free flow of non-personal data within EU borders as part of the bloc’s Digital Single Market Strategy.’

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Technology Law Update, 16th October 2018

Source: www.technology-law-blog.co.uk

Courts uphold ‘ground breaking’ UK first unexplained wealth order – OUT-LAW.com

‘The High Court has upheld the UK’s first unexplained wealth order (UWO), dismissing a legal challenge to the order obtained by the National Crime Agency (NCA) earlier this year.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

Breast enlargement ads shown during Love Island banned by ASA – The Guardian

Posted October 17th, 2018 in advertising, complaints, cosmetic surgery, mental health, news, ombudsmen, women by sally

‘Adverts for breast enhancement surgery that were shown during ITV Two’s Love Island have been banned by the advertising watchdog after it backed campaigners who complained they were exploitative of young women’s insecurities.’

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The Guardian, 17th October 2018

Source: www.theguardian.com

Row over holiday park sees permission granted for second judicial review – Local Government Lawyer

Posted October 17th, 2018 in environmental protection, judicial review, local government, news, planning by sally

‘Folkestone & Hythe District Council faces its second judicial review in a year over a dispute concerning a proposed holiday park.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

Man on trial a second time for 1986 murders of Brighton schoolgirls – The Guardian

Posted October 17th, 2018 in child abuse, children, evidence, forensic science, murder, news, trials by sally

‘A paedophile accused of killing two nine-year-old girls more than three decades ago has gone on trial for a second time as prosecutors seek to draw on scientific advances in forensics on top of evidence from an original trial.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Son sues over mum’s airing cupboard death in Pennal resort – BBC News

Posted October 17th, 2018 in bereavement, compensation, families, inquests, negligence, news by sally

‘The son of a woman who died while trapped in a holiday home airing cupboard is suing the resort company.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk

SRA wins right to recover £800,000 costs from Blavo – Legal Futures

‘The Court of Appeal has allowed the Solicitors Regulation Authority (SRA) to try and recover the £800,000 it spent intervening in collapsed law firm Blavo & Co.’

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Legal Futures, 17th October 2018

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 17th, 2018 in legislation by tracey

The Return of Cultural Objects (Revocation) (EU Exit) Regulations 2018

The Insolvency (Scotland) (Company Voluntary Arrangements and Administration) Rules 2018

The Nuclear Safeguards Act 2018 (Commencement No. 1) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 17th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

A (A Child) [2018] EWCA Civ 2240 (16 October 2018)

The British Council v Jeffery [2018] EWCA Civ 2253 (16 October 2018)

Crumpler & Anor v Candey Ltd [2018] EWCA Civ 2256 (16 October 2018)

Grant v Dawn Meats (UK) [2018] EWCA Civ 2212 (16 October 2018)

Revenue And Customs v Parry & Ors (Rev 1) [2018] EWCA Civ 2266 (16 October 2018)

The Law Society (Acting Through the Solicitors Regulation Authority) v Blavo [2018] EWCA Civ 2250 (16 October 2018)

High Court (Administrative Court)

SW, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 2684 (Admin) (16 October 2018)

Jane v Prosecutor General’s Office, Lithuania [2018] EWHC 2691 (Admin) (16 October 2018)

High Court (Family Division)

Jay v Secretary of State for Justice [2018] EWHC 2620 (Fam) (08 October 2018)

High Court (Queen’s Bench Division)

Caine, R (On the Application Of) v Crown Court At Southampton [2018] EWHC 2671 (QB) (15 October 2018)

Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB) (15 October 2018)

BVC v EWF [2018] EWHC 2674 (QB) (12 October 2018)

Source: www.bailii.org

Council wins Court of Appeal battle over stadium and state aid – Local Government Lawyer

‘Coventry City Council has won a Court of Appeal case in the latest round of a four-year long litigation saga over the city’s sports stadium the Ricoh Arena.’

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Local Government Lawyer, 15th October 2018

Source: www.localgovernmentlawyer.co.uk

London police force must act over excessive force claim, says court – The Guardian

Posted October 16th, 2018 in disciplinary procedures, news, police, public order, statutory duty by sally

‘The City of London police force has failed in an attempt to block disciplinary action against an officer who was accused of clubbing a student over the head and causing a life-threatening brain injury.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

Darnley v Croydon Health Services NHS Trust – Law Pod UK

‘In Darnley v Croydon NHS Trust [2018] UKSC 50 the Supreme Court has ruled that hospitals are liable for the actions and statements of their non-medical staff in A & E. Rosalind English discusses the implications of this judgment with Owain Thomas QC.’

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Law Pod UK, 15th October 2018

Source: audioboom.com

Sex abuse leaflets ‘won’t protect a soul’ – BBC News

Posted October 16th, 2018 in budgets, child abuse, criminal records, news, police, sexual offences by sally

‘Police are giving leaflets to people at risk of committing child sexual exploitation crimes, asking for their behaviour to stop, the BBC has found.’

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BBC News, 15th October 2018

Source: www.bbc.co.uk

Court quadruples sexual assault solicitor’s suspension – Legal Futures

Posted October 16th, 2018 in assault, disciplinary procedures, news, sexual offences, solicitors by sally

‘The suspension handed out by a disciplinary tribunal to a solicitor found guilty of sexual assault in a high-profile case was too lenient, the High Court has ruled in quadrupling its length.’

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Legal Futures, 16th October 2018

Source: www.legalfutures.co.uk

Environmental Law and the core of legal learning: framing the future of environmental lawyers – OUP Blog

Posted October 16th, 2018 in environmental protection, legal education, news, solicitors, universities by sally

‘Environmental law has not been taught or seen as a ‘core’ legal subject, giving environmental law academics freedom to teach the subject in many different ways. This structural sidelining, however, belies important questions about how teaching environmental law relates to the core of legal learning. We are not suggesting that there is a core of environmental law knowledge that every student should learn (although there is lots to learn), but that it is important to reflect on whether there are core legal concepts, reasoning processes and skills that all environmental lawyers should have. This issue is now particularly pertinent as the Solicitors Regulation Authority in England and Wales is ‘releasing’ the LLB from its conventional structure of core legal subjects, so that existing assumptions about how environmental law relates to the core of (undergraduate) legal learning are up for grabs.’

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OUP Blog, 15th October 2018

Source: blog.oup.com

Man took £2,000 from mother-in-law after lying about cancer for years – The Guardian

Posted October 16th, 2018 in fraud, married persons, news, sentencing, suspended sentences by sally

‘A man who conned his wife and her family into believing he had terminal cancer took £2,000 from his mother-in-law before his lie was exposed.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

Paddy Power Betfair fined after stolen cash is gambled through its website – BBC News

Posted October 16th, 2018 in fines, gambling, money laundering, news by sally

‘Paddy Power Betfair has been fined £2.2m for failing to stop stolen money being gambled through its website and for failing to protect customers showing signs of problem gambling.’

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BBC News, 16th October 2018

Source: www.bbc.co.uk

Review of UK hate crime law to consider misogyny and ageism – The Guardian

Posted October 16th, 2018 in equality, hate crime, Law Commission, news by sally

‘Goths, men, women and elderly people could receive protection under hate crime laws after officials announced a wide-ranging review of current legislation.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Ointment for a sting: Arcadis Consulting v AMEC – Practical Law: Construction Blog

Posted October 15th, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by tracey

‘The Court of Appeal has come to the aid of Arcadis Consulting (UK) Ltd by overturning Coulson J’s judgment in ​Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd – a case described by the judge as one “with something of a sting in its tail”. The sting in question was Coulson J’s finding that a contract between Arcadis and AMEC did not incorporate any term that limited Arcadis’ liability. As a result, Arcadis faced a potential loss of £40 million.’

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Practical Law: Construction Blog, 12th October 2018

Source: constructionblog.practicallaw.com