Recent Statutory Instruments – legislation.gov.uk

Posted February 14th, 2019 in legislation by tracey

The Tax Credits and Guardian’s Allowance Up-rating Regulations 2019

The Primary Medical Services (Prohibition on the Sale of Goodwill) Regulations 2019

The Amendments Relating to the Provision of Integrated Care Regulations 2019

The Inspectors of Education, Children’s Services and Skills Order 2019

The Money Laundering and Transfer of Funds (Information) (Amendment) (EU Exit) Regulations 2019

The Broadcasting (Amendment) (EU Exit) Regulations 2019

The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

The Overseas Association Decision (Revocation) (EU Exit) Regulations 2019

The Nuclear Safeguards (EU Exit) Regulations 2019

The Nuclear Safeguards (Fissionable Material and Relevant International Agreements) (EU Exit) Regulations 2019

The Consular Fees (Amendment) Order 2019

Source: www.legislation.gov.uk

New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Court of Appeal reinforces strict six-week planning challenge time limit – OUT-LAW.com

Posted February 14th, 2019 in appeals, limitations, news, planning, time limits by sally

‘The Court of Appeal has refused to extend the six-week statutory time limit for challenging a planning inspector’s decision, in a case where the individual had been prevented from filing on the day of the deadline.’

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OUT-LAW.com, 12th February 2019

Source: www.out-law.com

BAILII: Recent Decisions

Posted February 14th, 2019 in law reports by tracey

Supreme Court

Perry v Raleys Solicitors [2019] UKSC 5 (13 February 2019)

Wells v Devani [2019] UKSC 4 (13 February 2019)

Court of Appeal (Civil Division)

Pulseon OY v Garmin (Europe) Ltd [2019] EWCA Civ 138 (13 February 2019)

Guled, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 92 (12 February 2019)

Court of Appeal (Criminal Division)

Cheeseman v R [2019] EWCA Crim 149 (13 February 2019)

High Court (Administrative Court)

B, R (on the application of) v London Borough of Redbridge [2019] EWHC 250 (Admin) (13 February 2019)

Awodiya & Anor v HM Revenue and Customs [2019] EWHC 251 (Admin) (12 February 2019)

High Court (Queen’s Bench Division)

Tomanovic & Ors v The European Union [2019] EWHC 263 (QB) (13 February 2019)

High Court (Technology and Construction Court)

Zagora Management Ltd & Ors v Zurich Insurance Plc & Ors [2019] EWHC 205 (TCC) (07 February 2019)

Source: www.bailii.org

‘An International Embarrassment’: Just How Likely Is It The Human Rights Act Could Actually Be Scrapped? – Rights Info

Posted February 14th, 2019 in human rights, news, treaties by sally

‘Our human rights are some of the most longstanding British traditions alive, often dated all the way back to Magna Carta. Somewhat conversely though, they feel continually under threat, with one expert saying recent questions over their future could leave us a “rung below Russia”.’

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Rights Info, 13th February 2019

Source: rightsinfo.org

New Judgment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted February 14th, 2019 in agency, contracts, estate agents, interpretation, news, sale of land, Supreme Court by sally

‘This appeal considered whether, where a commission agent and his principal have not expressly, in their oral discussions, identified and agreed the precise event upon which commission is payable, but have expressly agreed in those oral discussions that a commission would be payable at an agreed percentage, their bargain is incomplete. It also considered whether the court can (whether by taking into account the relevant surrounding factual matrix or what the parties said, or the parties’ conduct), imply a term identifying the commission entitling event which gives business efficacy to the parties’ presumed common intention.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Care Quality Commission issues first ‘duty of candour’ breach fine – OUT-LAW.com

Posted February 14th, 2019 in children, delay, fines, hospitals, medical treatment, news, notification by sally

‘The Care Quality Commission (CQC) has issued its first fine to an NHS trust for failing to comply with its ‘duty of candour’, which requires healthcare providers to be open and honest with patients or their families if there is an incident in which they suffer harm.’

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OUT-LAW.com, 13th February 2019

Source: www.out-law.com

Female barrister tells male colleagues to stop making “jokes about breasts and skirts” – Daily Telegraph

Posted February 14th, 2019 in barristers, harassment, news, women by sally

‘A female barrister has told her male colleagues to stop making “jokes about breasts and skirts” in a series of scathing tweets about sexism in the courtroom.’

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Daily Telegraph, 13th February 2019

Source: www.telegraph.co.uk

Chief magistrate’s alleged bias toward Uber raised in court – The Guardian

Posted February 14th, 2019 in bias, conflict of interest, judges, licensing, news, taxis by sally

‘The alleged bias of the chief magistrate, Emma Arbuthnot, in permitting Uber to operate in London has been raised in a courtroom challenge.’

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The Guardian, 13th February 2019

Source: www.theguardian.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

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Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Transgender man in fight to be recognised as father of his child – Daily Telegraph

Posted February 14th, 2019 in news, paternity, transgender persons by sally

‘The Government is opposing a transgender man’s battle to make his child the first in the UK legally not to have a mother.’

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Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

Family Drug and Alcohol Courts backed by private donors – BBC News

Posted February 14th, 2019 in alcohol abuse, care orders, drug abuse, families, family courts, news by sally

‘A group of private backers has agreed to fund a national unit supporting courts which help parents deal with drug or alcohol addiction so their children are not taken into care.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

SDT: Solicitor “terrified” by Court of Appeal was incompetent – Legal Futures

Posted February 14th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘A criminal law solicitor who described himself as “absolutely terrified” by a Court of Appeal appearance was incompetent but not dishonest, the Solicitors Disciplinary Tribunal (SDT) has concluded.’

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Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk

Man convicted over death of 100-year-old woman in Derby – The Guardian

Posted February 14th, 2019 in homicide, news, robbery by sally

‘A man has been convicted over the death of a 100-year-old woman whose neck was broken in a street robbery in Derby.’

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The Guardian, 13th February 2019

Source: www.theguardian.com

Morrisons faces women’s equal pay action – BBC News

Posted February 14th, 2019 in equal pay, news, sick leave, women by sally

‘Supermarket giant Morrisons is facing legal action by women who work in its stores and warehouses.’

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BBC News, 14th February 2019

Source: www.bbc.co.uk

Councils given new powers to block phone boxes being built – Daily Telegraph

Posted February 14th, 2019 in local government, news, planning, telecommunications by sally

‘New phone boxes will be blocked from being built by councils for first time, following a landmark ruling from the High Court.’

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Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

Oystons ousted as high court brings in the receiver at Blackpool – The Guardian

Posted February 14th, 2019 in insolvency, news, receivers, sport by sally

‘Blackpool have been put into receivership so the club can be sold and the proceeds used to pay off some of the £22m owed by their owners, the Oyston family, to the Latvian banker Valeri Belokon, a court has ordered.’

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The Guardian, 13th February 2019

Source: www.theguardian.com

Age verification rules for online gambling toughened – OUT-LAW.com

Posted February 13th, 2019 in children, gambling, identification, internet, licensing, news, regulations by sally

‘Online gambling providers will be required to verify the identity of customers before allowing them to deposit funds into accounts or to gamble under new rules set to take effect in Britain in May.’

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OUT-LAW.com, 11th February 2019

Source: www.out-law.com

Jihadists could face up to 10 years in prison if they return to the UK under new laws – Daily Telegraph

Posted February 13th, 2019 in bills, Islam, news, prosecutions, terrorism by sally

‘Around 350 British jihadists suspected to be in Syria could face up to 10 years in jail if they return to the UK under new anti-terror laws that ban travel to designated areas.’

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Daily Telegraph, 12th February 2019

Source: www.telegraph.co.uk

“Far removed from fat cats” – High Court praises lawyers – Legal Futures

Posted February 13th, 2019 in barristers, families, judges, legal aid, legal profession, news, pro bono work, solicitors by sally

‘Lawyers acting pro bono in a complex family law case countered the stereotyped image of ‘fat cats’, a High Court judge has said in praising their “commitment to the delivery of justice”.’

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Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk