Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices – Local Government Lawyer

Posted January 14th, 2021 in company directors, enforcement notices, houses in multiple occupation, local government, news, penalties by sally

‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: Expert was not under “fiduciary duty” to client – Litigation Futures

Posted January 14th, 2021 in conflict of interest, contracts, expert witnesses, fiduciary duty, news by sally

‘The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client.’

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Litigation Futures, 13th January 2021

Source: www.litigationfutures.com

Tribunal rejects law firm’s second challenge to age discrimination ruling – Legal Futures

Posted January 14th, 2021 in age discrimination, employment tribunals, law firms, news, solicitors by sally

‘An employment judge has refused a second application from a law firm to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination when he applied for a job with it.’

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Legal Futures, 14th January 2021

Source: www.legalfutures.co.uk

Man sentenced for sending malicious email after Bristol statue toppled – Crown Prosecution Service

Posted January 14th, 2021 in Crown Prosecution Service, electronic mail, malicious communications, monuments, news, sentencing by sally

‘A 72-year-old man from Merseyside has been sentenced for sending abusive messages to the Mayor of Bristol after protestors removed the statue of Edward Colston in the city in June last year.’

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Crown Prosecution Service, 13th January 2021

Source: www.cps.gov.uk

Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal advice, legal services, limitations, news, privilege by sally

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

Legal bid launched to ban ex-Carillion directors from top boardroom roles – The Guardian

Posted January 14th, 2021 in company directors, disqualification, insolvency, news, public interest by sally

‘The UK government has launched a legal bid to ban eight former Carillion directors from holding senior boardroom positions, almost three years on from the collapse of the outsourcing business.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Three victims of trafficking and modern slavery to sue Biffa – The Guardian

Posted January 14th, 2021 in forced labour, news, trafficking in human beings, victims, waste by sally

‘Three victims of trafficking and modern slavery who were subcontracted to sort rubbish for the national waste and recycling firm Biffa Waste Services are to launch legal proceedings to sue the firm for damages.’

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The Guardian, 14th January 2021

Source: www.theguardian.com

Home Office ignored warnings that could have prevented Windrush suffering, finds watchdog – The Independent

Posted January 14th, 2021 in citizenship, colonies, government departments, immigration, news, reports by sally

‘The Home Office ignored warnings that could have prevented some of the suffering experienced by the Windrush generation, the government’s own immigration watchdog has said.’

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The Independent, 13th January 2021

Source: www.independent.co.uk

Peers vote to ban spies from committing murder, rape and torture under new law – The Independent

Posted January 14th, 2021 in bills, intelligence services, investigatory powers, murder, news, rape, spying, torture by sally

‘Peers have voted to ban spies from committing murder, rape and torture under a controversial new law – three months after MPs refused to bring in the same restrictions.’

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The Independent, 13th January 2021

Source: www.independent.co.uk

Death of Cardiff man after night in police custody ‘deeply concerning’ – The Guardian

Posted January 14th, 2021 in complaints, death in custody, news, police, Wales by sally

‘The Welsh first minister has described the sudden and unexplained death of a 24-year-old man from Cardiff hours after his release from custody as “deeply concerning”.’

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The Guardian, 12th January 2021

Source: www.theguardian.com

When is a wedding not a marriage? Exploring non-legally binding ceremonies – Law & Religion UK

Posted January 13th, 2021 in civil partnerships, Law Commission, marriage, news by sally

‘Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one?’

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Law & Religion UK, 12th January 2021

Source: lawandreligionuk.com

Drill and rap music on trial – BBC News

Posted January 13th, 2021 in artistic works, gangs, homicide, murder, news, violence by sally

‘Drill music has captured headlines since it started to emerge in the UK in 2012. With its often provocative lyrics, it’s been blamed by police for fuelling violence.’

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BBC News, 13th January 2021

Source: www.bbc.co.uk

‘Child spies’ bill could face Lords defeat as Tory peers rebel – The Guardian

Posted January 13th, 2021 in bills, children, government departments, intelligence services, investigatory powers, news, police, spying by sally

‘Tory peers, bishops and crossbenchers could inflict defeat on the government after an outcry over new guidance which allows state agencies to use children as undercover spies as part of the government’s covert intelligence bill.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Criminal solicitors body warns members it is not safe to attend Magistrates’ courts – Local Government Lawyer

Posted January 13th, 2021 in coronavirus, courts, criminal justice, health & safety, news, remote hearings, solicitors by sally

‘The London Criminal Courts Solicitors’ Association (LCCSA) has advised its members that it is not safe to continue to attend Magistrates’ courts.’

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Local Government Lawyer, 12th January 2021

Source: www.localgovernmentlawyer.co.uk

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

Posted January 13th, 2021 in abuse of process, deceit, disciplinary procedures, fees, fraud, news, private prosecutions, professional conduct, solicitors by sally

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

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Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted January 13th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Paul Newman New Homes Ltd v Secretary of State for Housing, Communities And Local Government [2021] EWCA Civ 15 (12 January 2021)

Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021)

High Court (Administrative Court)

Commissioner of Police of the Metropolis v Meekey [2021] EWHC 34 (Admin) (12 January 2021)

Davies v Greene [2021] EWHC 38 (Admin) (12 January 2021)

Aviva Insurance Ltd & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions [2021] EWHC 30 (Admin) (12 January 2021)

High Court (Chancery Division)

Richards v Harvey [2021] EWHC 21 (Ch) (12 January 2021)

Percy v White & Anor [2021] EWHC 22 (Ch) (12 January 2021)

Source: www.bailii.org

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

Posted January 13th, 2021 in autism, detention, disabled persons, equality, learning difficulties, mental health, news, race discrimination, statistics by sally

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Abuse of Process – Credit hire brought outside of the MOJ portal – Poku v Abedin – Park Square Barristers

Posted January 13th, 2021 in abuse of process, appeals, chambers articles, damages, news, personal injuries by sally

‘This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for credit hire was struck out on the grounds that the claim was as an abuse of process. The Claimant had previously raised and settled a personal injury claim through the RTA Portal not including the credit hire charges. The appeal was heard on the 8th October 2020 before Her Honour Judge Backhouse sitting in the RCJ.’

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Park Square Barristers, 6th January 2021

Source: www.parksquarebarristers.co.uk

Covid: Couple fined for seven-mile trip to care home – BBC News

Posted January 13th, 2021 in care homes, coronavirus, enforcement, families, fines, freedom of movement, news, police by sally

‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

Credit where credit’s due? A ‘likely’ story – Carmelite Chambers

Posted January 13th, 2021 in appeals, case management, chambers articles, guilty pleas, interpretation, news, sentencing by sally

‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk