A few weeks to go and still no sign of clin neg fixed costs rules – Legal Futures

Posted February 15th, 2024 in costs, negligence, news, personal injuries by sally

‘The Department of Health and Social Care (DHSC) has not yet ruled out the introduction of fixed recoverable costs (FRC) for low-value clinical negligence claims in April – despite no rules being published.’

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Legal Futures, 15th February 2024

Source: www.legalfutures.co.uk

Judge hails “vital” role of Family Drug and Alcohol Court after making supervision order – Local Government Lawyer

Posted February 15th, 2024 in alcohol abuse, drug abuse, families, family courts, news, supervision orders by sally

‘A Family Court judge has made a supervision order for a period of 12 months in order for a baby boy to remain in the care of his parents, in light of the progress they have made through participation in the Family Drug and Alcohol Court (FDAC) programme.’

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Local Government Lawyer, 14th February 2024

Source: www.localgovernmentlawyer.co.uk

Consultation on Martyn’s law published but questions remain – OUT-LAW.com

‘The UK government’s consultation on proposed changes to the requirements for standard tier premises under draft anti-terrorism legislation confirms a commitment to proportionality. However, questions remain, including on what businesses must do to protect against acts of terrorism, an expert has said.’

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OUT-LAW.com, 14th February 2024

Source: www.pinsentmasons.com

High Court rejects judicial review over adequacy of accommodation, policy on permitting animals – Local Government Lawyer

Posted February 15th, 2024 in animals, homelessness, housing, judicial review, local government, news by sally

‘A vulnerable man and woman who needed to be housed with their dog have lost a case in the High Court, with a deputy judge telling them judicial review had been an inappropriate route for much of the case.’

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Local Government Lawyer, 15th February 2024

Source: www.localgovernmentlawyer.co.uk

Gang found guilty of raping woman in fake taxi – BBC News

Posted February 15th, 2024 in news, rape, taxis by sally

‘Three men who raped a woman who thought she had got into a registered taxi will be sentenced in April.’

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BBC News, 14th February 2024

Source: www.bbc.co.uk

Bristol University loses appeal over suicide of disabled student on exam day – The Guardian

Posted February 15th, 2024 in appeals, disabled persons, examinations, mental health, news, suicide, universities by sally

‘The family of a disabled undergraduate who killed herself on the day of a “truly terrifying” oral exam have won the latest stage of a legal battle to compel universities to take more care of students struggling with their mental health.’

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The Guardian, 14th February 2024

Source: www.theguardian.com

Pelvic mesh compensation disappointingly low, says victim – BBC News

Posted February 15th, 2024 in birth, compensation, medical treatment, news, personal injuries, victims, women by sally

‘A woman who described the time in her life after a pelvic mesh implant as “soul destroying” said proposed government compensation was “disappointingly low”.’

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BBC News, 15th February 2024

Source: www.bbc.co.uk

Man poisoned Essex couple with fentanyl before rewriting their will, court told – The Guardian

Posted February 15th, 2024 in murder, news, poisoning, wills by sally

‘A man poisoned a married couple with the opioid painkiller fentanyl and rewrote their will the day after they died, a court has heard.’

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The Guardian, 14th February 2024

Source: www.theguardian.com

CA holds incentives to agree changes to scheme taxable – Pensions Barrister

Posted February 15th, 2024 in income tax, national insurance, news, pensions, remuneration by sally

‘Paul Newman KC considers the decision of the CA in HMRC v E.ON UK Plc (28 November 2023), in which the CA overturned a somewhat surprising decision of the UT that a one-off cash payment from an employer to scheme members, in return for them giving up future pension benefits, was not taxable.’

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Pensions Barrister, 15th February 2024

Source: www.pensionsbarrister.com

Cheshire mechanic who ran child sexual abuse sites jailed for 16 years – The Guardian

‘A mechanic from Cheshire who created and ran child sexual abuse sites on the dark web has been jailed for 16 years.’

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The Guardian, 14th February 2024

Source: www.theguardian.com

Judge criticises regular misunderstanding of Lady Hale’s “nothing else will do” adoption comment – Local Government Lawyer

‘It appears there is a regular misunderstanding or misapplication of the words of Lady Hale in the Supreme Court case of Re B that in relation to the test for adoption, “nothing else will do”, a Family Court judge has warned.’

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Local Government Lawyer, 14th February 2024

Source: www.localgovernmentlawyer.co.uk

North Yorkshire farmer, 70, fined after woman trampled by cows – BBC News

Posted February 15th, 2024 in agriculture, animals, fines, health & safety, news by sally

‘A 70-year-old farmer has been fined after a dog walker was seriously injured when she was trampled by cows.’

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BBC News, 14th February 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 15th, 2024 in law reports by tracey

Supreme Court

Jersey Choice Ltd v HM Treasury [2024] UKSC 5 (14 February 2024)

Court of Appeal (Civil Division)

AB (A Child : Habeas Corpus) [2024] EWCA Civ 105 (14 February 2024)

Roberts v Jones [2024] EWCA Civ 118 (14 February 2024)

Rahman v Munim & Anor [2024] EWCA Civ 123 (14 February 2024)

High Court (Administrative Court)

Muhumud v Government of Norway [2024] EWHC 300 (Admin) (14 February 2024)

Oakley, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 292 (Admin) (14 February 2024)

High Court (Chancery Division)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2024] EWHC 197 (Ch) (14 February 2024)

High Court (Family Division)

VT v NHS Cambridgeshire And Peterborough Integrated Care Board & Anor [2024] EWHC 294 (Fam) (14 February 2024)

WB v VM [2024] EWHC 302 (Fam) (14 February 2024)

High Court (King’s Bench Division)

Roberts v Jones [2024] EWHC 290 (KB) (14 February 2024)

The University Of Bristol v Abrahart [2024] EWHC 299 (KB) (14 February 2024)

Reveal Media Ltd v Dawes [2024] EWHC 285 (KB) (12 February 2024)

Walker & Anor v JMount (t/a Take To Removals) [2024] EWHC 281 (KB) (12 February 2024)

High Court (Technology and Construction Court)

Topalsson GmbH v Rolls Royce Motor Cars Ltd [2024] EWHC 297 (TCC) (13 February 2024)

Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC) (12 February 2024)

King John Bari-Iyiedum Berebon & Ors v Shell Petroleum Development Company of Nigeria [2024] EWHC 276 (TCC) (12 February 2024)

WOL (London) LLP v Croydon Investments Ltd & Ors [2024] EWHC 251 (TCC) (09 February 2024)

Source: www.bailii.org

Triangulation and flexibility: taking capacity seriously in changing circumstances – Mental Capacity Law and Policy

‘Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It concerned a young woman, whom the court had previously found to lack capacity in to make decisions about residence, care and contact, but to have capacity to make decisions about engaging in sexual relations, in face of strenuous arguments to the contrary from the local authority. Injunctive orders were then made against the woman’s former foster carer, suspected of sexually abusing DY; at a subsequent hearing, the court made a final order that DY had the capacity to make decisions relating to her use of contraception, having accepted a report from DY’s GP.’

Full Story

Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Ex-Scout leader from Ipswich sentenced over secret filming – BBC News

‘A former Scout leader has been jailed for 20 months for voyeurism and making indecent images of children.’

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BBC News, 13th February 2024

Source: www.bbc.co.uk

Legal challenge over plans to relax sewage laws for housebuilders in England – The Guardian

‘The government is facing a legal challenge over plans to permit housebuilders in England to allow sewage pollution “through the back door”.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

New ICO certification for lawyers gives “certainty” on data processing – Legal Futures

Posted February 14th, 2024 in data protection, law firms, news by sally

‘The Information Commissioner’s Office (ICO) has approved a certification scheme which it says will provide law firms, chambers and others with “certainty” when processing personal data.’

Full Story

Legal Futures, 14th February 2024

Source: www.legalfutures.co.uk

Victims of Modern Slavery Overlooked Due To Lack of Training, Report Finds – Each Other

Posted February 14th, 2024 in children, employment, forced labour, government departments, local government, news by sally

‘A new report by The Rights Lab and ECPAT, a leading children’s rights organisation, has highlighted the ways in which the UK government and local authorities could become more effective at handling child protection in relation to modern slavery.’

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Each Other, 14th February 2024

Source: eachother.org.uk

Pro-Palestinian protests: Paraglider badge wearers guilty of terror offences – BBC News

‘Three women have been found guilty of terrorism offences after they displayed images of paragliders, “celebrating” the Hamas tactics.’

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BBC News, 13th February 2024

Source: www.bbc.co.uk

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

Full Story

UKSC Blog, 12th February 2024

Source: ukscblog.com