Ep 101: Should medical claims be done differently? – Law Pod UK

Posted January 21st, 2020 in hospitals, negligence, news, podcasts by sally

‘Medical negligence experts James Badenoch QC (now retired) and David Hart QC of 1 Crown Office Row discuss some of the solutions proposed to the vast expense to the NHS of damages claims in negligence and whether any of these propositions – such as a tariff system run by the Criminal Injuries Compensation Board – is feasible.’

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Law Pod UK, 20th January 2020

Source: audioboom.com

Bar regulator struggles with rise in complaints from public – Legal Futures

Posted January 21st, 2020 in barristers, complaints, news by sally

‘The Bar Standards Board (BSB) is struggling to cope with the rise in complaints from members of the public, its annual enforcement report has revealed.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Reconsideration of a visa or immigration decision – Richmond Chambers

Posted January 21st, 2020 in government departments, immigration, news, tribunals, visas by sally

‘A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for requesting a reconsideration.’

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Richmond Chambers, 20th January 2020

Source: immigrationbarrister.co.uk

Domestic violence prevention work ‘should focus on offenders’ – BBC News

Posted January 21st, 2020 in crime prevention, domestic violence, news by sally

‘The government is being urged to set up domestic violence prevention programmes targeting offenders as well as victims.’

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BBC News, 21st January 2020

Source: www.bbc.co.uk

Transgender woman ends bid to see her ultra-Orthodox Jewish children – The Guardian

Posted January 21st, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘An ultra-Orthodox Jew who left her community to transition from male to female has abandoned a family court fight to see her five children.’

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The Guardian, 20th January 2020

Source: www.theguardian.com

What evidence does the adjudicator find useful when considering delay? – Hardwicke Chambers

Posted January 21st, 2020 in causation, construction industry, delay, news by sally

‘White Constructions, a developer, engaged a sewer designer (“IWS”) and water servicing coordinator (“SWC”) to design a sewerage solution that complied with New South Wales regulations. The initial design was rejected by the relevant authorities, but a second design was later submitted and accepted. Subsequently, White Constructions brought proceedings against IWS and SWC for failing to produce a sewer design acceptable to the relevant authority within a reasonable time period, submitting that this failure caused delay to the completion of the project and thereby led to significant additional costs. At trial, the parties were each permitted to engage their own experts to assess the alleged delay. White Construction’s expert used an ‘as planned versus as-built windows analysis’, stipulating that there had been a serious delay of 240 days. The Defendants’ expert used a ‘collapsed as-built (or “but-for”) analysis’, demonstrating that there had been, at most, a 19-day delay. However, neither evidences were used by the Court because the they seen as not being appropriate for the case. Instead, the Court appointed a third expert whose evidence was preferred. The Court found that no breach had been established and so damages were not awarded.’

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Hardwicke Chambers, 16th January 2020

Source: hardwicke.co.uk

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

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Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

Third of barristers see cuts and changes to legal aid as “critical challenge”, LexisNexis report finds – Local Government Lawyer

Posted January 21st, 2020 in barristers, budgets, legal aid, news by sally

‘Family and criminal barristers handling publicly funded work consider the cuts and changes to legal aid as a major concern, a report by LexisNexis UK has revealed.’

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Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Gunman jailed after shooting at police in Gloucester – BBC News

Posted January 21st, 2020 in firearms, news, offensive weapons, sentencing by sally

‘A man with an “Aladdin’s cave of weapons” in his home shot at police through his letterbox and threatened to “blow their brains out”, a court heard.’

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BBC News, 20th January

Source: www.bbc.co.uk

Eating disorders: 12 deaths in seven years led to coroner warnings – The Guardian

Posted January 21st, 2020 in coroners, hospitals, mental health, news, suicide, young persons by sally

‘At least 12 highly vulnerable people with eating disorders have died over the last seven years after failings in care that were so severe that coroners in England and Wales issued legal warnings to hospitals to try to prevent further deaths.’

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The Guardian, 19th January 2020

Source: www.theguardian.com

Sibling relationships in the care system – Transparency Project

Posted January 21st, 2020 in care orders, children, families, news by sally

‘A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.’

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Transparency Project, 19th January 2020

Source: www.transparencyproject.org.uk

Children in solitary confinement for 23 hours a day, says report – The Guardian

Posted January 21st, 2020 in children, imprisonment, mental health, news, reports, young offenders by sally

‘Children are being held in “harmful” solitary confinement in prison with some let out of their cells for just 15 minutes a day, a damning report from jail inspectors said.’

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The Guardian, 21st January 2020

Source: www.theguardian.com

Part 36 offers made exclusive of interest not valid, Court of Appeal rules – Local Government Lawyer

Posted January 21st, 2020 in civil procedure rules, costs, interest, news, part 36 offers by sally

‘It is not possible to make a valid Part 36 offer exclusive of interest either generally or in the context of detailed assessment proceedings, the Court of Appeal has ruled in a case involving a local authority.’

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Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

High Court rejects judges’ complaints about online divorce service – Legal Futures

Posted January 21st, 2020 in conflict of interest, divorce, drafting, electronic filing, news by sally

‘A senior High Court judge has granted declarations making it clear that an online service has not broken conflict of interest rules or the Legal Services Act by helping divorcing couples draft their own documents and not use lawyers.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Fake lawyer who represented clients in High Court faces jail time – Daily Telegraph

‘A man who pretended to be a qualified and experienced solicitor as he represented clients at the High Court is facing a possible jail sentence.’

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Daily Telegraph, 20th January 2020

Source: www.telegraph.co.uk

Sperm donations from dead men should be allowed, study says – BBC News

Posted January 21st, 2020 in assisted reproduction, consent, embryology, human tissue, news by sally

‘Sperm donations taken from men after they have died should be allowed, a study says.’

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BBC News, 21st January 2020

Source: www.bbc.co.uk

Stalking: New order for stalker investigations has ‘teeth’ – BBC News

Posted January 20th, 2020 in criminal justice, harassment, murder, news, police, stalking, victims by sally

‘A court order to stop suspected stalkers under police investigation contacting victims could have made a “critical difference” to a woman killed by her ex-boyfriend, her father says.’

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BBC News, 19th January 2020

Source: www.bbc.co.uk

Jack Simson Caird: The European Union (Withdrawal Agreement) Bill and the Rule of Law – UK Constitutional Law Association

Posted January 20th, 2020 in bills, brexit, constitutional law, courts, EC law, news, parliament, rule of law by sally

‘The general election on 12 December 2019 has fundamentally changed the political dynamic driving the Brexit process. The European Union (Withdrawal Agreement) Bill (WAB), which will become law before 31 January 2020, has been substantially revised (from the version which was presented in October 2019) to reflect this Government’s approach to Brexit. The Bingham Centre for the Rule of Law has published a report that looks in depth at some of the main Rule of Law issues in the WAB. This version of the WAB indicates that this Government will take a different approach from the previous one in terms of dealing with some of the key constitutional issues arising from Brexit. This post examines some of the Rule of Law implications of the main constitutional issues in the WAB.’

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UK Constitutional Law Association, 16th January 2020

Source: ukconstitutionallaw.org

MPs call for unlimited fines for those who breach electoral law – The Guardian

Posted January 20th, 2020 in budgets, elections, fines, inquiries, internet, news, parliament, political parties by sally

‘Political organisations would face unlimited fines for breaking electoral law under new proposals to protect UK elections and referendums from “dirty money and dodgy data misuse”.’

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The Guardian, 18th January 2020

Source: www.theguardian.com

No shift in demographics as 114 new QCs are named – Litigation Futures

Posted January 20th, 2020 in barristers, diversity, equality, news, queen's counsel, women by sally

‘Some 114 new QCs were appointed yesterday, with the statistics showing little change in the demographics of the 258 who applied, of whom just a fifth were women.’

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Litigation Futures, 17th January 2020

Source: www.litigationfutures.com