Supreme Court allows appeal over part-time judges’ pensions – Law Society’s Gazette

Posted December 17th, 2019 in contract of employment, judiciary, news, part-time work, pensions, Supreme Court by sally

‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’

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Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

Coroner criticises NHS after death of patient with broken neck who was shunted between hospitals three times – The Independent

Posted December 17th, 2019 in coroners, elderly, hospitals, inquests, news by sally

‘The death of Jean Waghorn, who died after contracting pneumonia in hospital, sparked criticism from a coroner who said the NHS trust had ignored earlier warnings over moving patients between hospitals. Senior coroner Veronica Deeley had issued two official alerts to Brighton and Sussex Hospitals Trust last year after the deaths of frail elderly patients who were wrongly shuttled between hospitals.’

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The Independent, 16th December 2019

Source: www.independent.co.uk

Freeman tribunal adjourned and may not finish until October next year – The Guardian

Posted December 17th, 2019 in adjournment, disciplinary procedures, doctors, drug abuse, news, sport, tribunals by sally

‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

Appeal to be heard for banned jockeys who failed to heed a yellow void-race flag at Sandown – Daily Telegraph

Posted December 17th, 2019 in appeals, disciplinary procedures, horse racing, news, sport by sally

‘The seven jockeys who each received a 10-day ban for failing to heed a yellow void-race flag at Sandown on December 7 will have their appeal heard by the British Horseracing Authority’s independent disciplinary panel in High Holborn on Tuesday.’

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Daily Telegraph, 16th December 2019

Source: www.telegraph.co.uk

Football for sale: Agent and manager found guilty of bribery – Daily Telegraph

Posted December 17th, 2019 in bribery, news, sport by sally

‘A players’ agent and a senior club football manager have been convicted of bribery charges following a Telegraph investigation.’

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Daily Telegraph, 16th December 2019

Source: www.telegraph.co.uk

Subpostmasters ‘vindicated’ as high court finds IT system had ‘bugs and defects’, paving way for further legal action – Daily Telegraph

Posted December 17th, 2019 in accounts, computer programs, malicious prosecution, news, postal service by sally

‘Former subpostmasters who brought legal action against the Post Office say they have been “vindicated” after the High Court finds that their IT system had “bugs and defects,” paving the way for further legal action.’

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Daily Telegraph, 16th December 2019

Source: www.telegraph.co.uk

Election candidate guilty of harassing MP Anna Soubry – BBC News

Posted December 17th, 2019 in brexit, harassment, news, political parties, sentencing by sally

‘A Brexit activist who was “obsessed” with former MP Anna Soubry has been jailed for 28 days for harassing her.’

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BBC News, 16th December 2019

Source: www.bbc.co.uk

Grenfell Tower: London Fire Brigade ‘too slow to learn lessons from disaster’, says watchdog – The Independent

Posted December 17th, 2019 in emergency services, fire, news, reports by sally

‘The London Fire Brigade (LFB) has been too slow to learn lessons from the Grenfell tragedy, with “wasteful” practices, insufficiently trained staff and failure to follow national guidance still being a problem in the organisation two and a half years on, a watchdog has warned.’

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The Independent, 17th December 2019

Source: www.independent.co.uk

Prolific thief Michael Weir jailed for 1998 ‘double jeopardy’ murders – BBC News

Posted December 17th, 2019 in burglary, double jeopardy, murder, news, sentencing by sally

‘A serial burglar has been sentenced to life for the murders of two pensioners during break-ins in 1998.’

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BBC News, 16th December 2019

Source: www.bbc.co.uk

Medway youth jail still subjecting children to pain-inflicting techniques – Ofsted – The Guardian

Posted December 17th, 2019 in imprisonment, news, reports, restraint, secure training centres, young offenders by sally

‘Children at a scandal-hit jail set to close in three months are still being subjected to pain-inflicting techniques during physical restraints, despite repeated warnings against using what inspectors have called “unacceptable” practice.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

Rape convictions: Justice system near ‘breaking point’, says watchdog – BBC News

Posted December 17th, 2019 in budgets, criminal justice, Crown Prosecution Service, news, prosecutions, rape, reports by sally

‘A review of record low rape conviction rates has found a justice system “close to breaking point” because of cuts. The Crown Prosecution Service Inspectorate (CPSI) said a “damning” number of cases are lost during “under-resourced” police investigations. But it rejected claims that prosecutors are unfairly selective about cases they charge.’

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BBC News, 17th December 2019

Source: www.bbc.co.uk

Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer

Posted December 16th, 2019 in benefits, children, local government, news, statutory interpretation by sally

‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’

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Local Government Lawyer, 13th December 2019

Source: www.localgovernmentlawyer.co.uk

Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates – Local Govenment Lawyer

Posted December 16th, 2019 in charities, hospitals, local government, news, rates by sally

‘A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.’

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Local Govenment Lawyer, 12th December 2019

Source: www.localgovernmentlawyer.co.uk

Consumer Credit Act must be modernised urgently, says trade body – OUT-LAW.com

Posted December 16th, 2019 in consumer credit, financial regulation, fraudulent trading, internet, news, statute law revision by sally

‘The next UK government must act urgently to bring consumer credit laws up to date, a trade body has said. The Finance and Leasing Association (FLA) said that lenders were prevented by the Consumer Credit Act (CCA) from stepping in to help customers in financial difficulty quickly enough, while requiring them to send “old fashioned and severely worded letters”.’

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OUT-LAW.com, 13th December 2019

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted December 16th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Gray v Hurley [2019] EWCA Civ 2222 (12 December 2019)

East Bergholt Parish Council, R (on the application of) v Aggett & Ors [2019] EWCA Civ 2200 (12 December 2019)

Y (A Child) [2019] EWCA Civ 2209 (12 December 2019)

Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anor [2019] EWCA Civ 2210 (12 December 2019)

High Court (Administrative Court)

LH, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 3457 (Admin) (13 December 2019)

Gill, R (on the application of) v UK Statistics Authority [2019] EWHC 3407 (Admin) (12 December 2019)

Felicity Irving, R (on the application of) v Mid Sussex District Council [2019] EWHC 3406 (Admin) (12 December 2019)

Celczynski v Polish Judical Authority [2019] EWHC 3450 (Admin) (12 December 2019)

High Court (Chancery Division)

Flatman v Wiles & Anor [2019] EWHC 3338 (Ch) (13 December 2019)

Aiwa Co. Ltd v Aiwa Corporation [2019] EWHC 3468 (Ch) (13 December 2019)

Multi-Access Ltd v Guanghzhou Wong Lo Kat Great Health Business Development Co Ltd [2019] EWHC 3357 (Ch) (12 December 2019)

Todd v Parsons & Ors [2019] EWHC 3366 (Ch) (12 December 2019)

Derby Teaching Hospitals NHS Foundation Trust & Ors v Derby City Council & Ors [2019] EWHC 3436 (Ch) (12 December 2019)

Fromageries Bel SA v J Sainsbury Plc [2019] EWHC 3454 (Ch) (12 December 2019)

High Court (Commercial Court)

James Kemball Ltd v “K” Line (Europe) Ltd & Anor [2019] EWHC 3422 (Comm) (13 December 2019)

High Court (Queen’s Bench Division)

Essex County Council & Ors v Davies & Ors [2019] EWHC 3443 (QB) (12 December 2019)

Banks v Cadwalladr [2019] EWHC 3451 (QB) (12 December 2019)

PME v The Scout Association [2019] EWHC 3421 (QB) (12 December 2019)

Triaster Ltd v Dun & Bradstreet Ltd [2019] EWHC 3433 (QB) (12 December 2019)

Source: www.bailii.org

High Court limits scope of provisional assessment appeals – Litigation Futures

Posted December 16th, 2019 in appeals, civil procedure rules, costs, news, oral hearings by sally

‘A party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing, the High Court has ruled.’

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Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

CA upholds third party’s oral agreement to pay solicitor’s fees – Litigation Futures

Posted December 16th, 2019 in appeals, contracts, fees, fraud, judicial review, news, solicitors by sally

‘A solicitor who had an oral agreement with the son-in-law of a client that he would cover the legal fees did not fall foul of the 1677 Statute of Frauds, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

Court orders change in living arrangements for a child following parental alienation – Family Law

Posted December 16th, 2019 in children, domestic violence, families, news by sally

‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’

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Family Law, 13th December 2019

Source: www.familylaw.co.uk

Drug user jailed over wheelie bin death in Holloway – Crown Prosecution Service

Posted December 16th, 2019 in drug abuse, news, perverting the course of justice, sentencing by sally

‘A drug user who threw the body of a man who had died in an overdose into a wheelie bin has been jailed for 16 months.’

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Crown Prosecution Service, 13th December 2019

Source: www.cps.gov.uk

‘Dangerous’ married man who impregnated 14-year-old girl is jailed for five years – Crown Prosecution Service

Posted December 16th, 2019 in child abuse, children, news, pregnancy, sentencing, sexual grooming, sexual offences by sally

‘A married man who had sex with two teenage girls aged 14 and 15, impregnating the 14-year-old has been jailed for five years.’

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Crown Prosecution Service, 13th December 2019

Source: www.cps.gov.uk