BAILII: Recent Decisions

Posted December 10th, 2019 in law reports by sally

Supreme Court

MacDonald & Anor v Carnbroe Estates Ltd (Scotland) [2019] UKSC 57 (4 December 2019)

High Court (Chancery Division)

Barnaby & Anor v Johnson (aka Smith) [2019] EWHC 3344 (Ch) (09 December 2019)

High Court (Commercial Court)

Ocean Prefect Shipping Ltd v Dampskibsselskabet Norden AS [2019] EWHC 3368 (Comm) (06 December 2019)

High Court (Family Division)

Raqeeb v Barts Health NHS Trust (Costs) [2019] EWHC 3322 (Fam) (03 December 2019)

High Court (Queen’s Bench Division)

Feyziyev v Radu [2019] EWHC 3372 (QB) (06 December 2019)

Source: www.bailii.org

Taxation of personal service companies and the construction sector: what is changing and who will be affected? – Practical Law Construction Blog

Posted December 10th, 2019 in construction industry, contracting out, news, taxation by sally

‘2020 is looking to be a year in which the tax burden of companies operating in the UK construction sector is likely to increase. This is due, first, to the delayed implementation of the VAT reverse charge (now 1 October 2020) and secondly, to major changes in the UK tax treatment of off-payroll workers. In this blog we discuss the implications of the changes to the off-payroll working rules (commonly known as “IR35”) and the steps companies affected by these changes can take.’

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Practical Law Construction Blog, 10th December 2019

Source: constructionblog.practicallaw.com

Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

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Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

In search of local justice – New Law Journal

Posted December 10th, 2019 in law centres, news by sally

‘Keith Wilding explains the difference Law Centres make to individual lives.’

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New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Legal sector to shed thousands of jobs in coming years – Legal Futures

Posted December 10th, 2019 in employment, law firms, legal services, news by sally

‘The legal services sector is to shed 13,000 jobs in the decade to 2027 – with a further 22,000 at risk if technology brings radical change to the workforce, research for the Law Society has predicted.’

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Legal Futures, 10th December 2019

Source: www.legalfutures.co.uk

Welcome to the jungle – New Law Journal

Posted December 10th, 2019 in media, misuse of private information, news, privacy by sally

‘I’m a celebrity, but don’t get my private information out of here! Jeremy Clarke-Williams & Nilly Tabatabai report (Pt 1).’

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New Law Journal, 5th December 2019

Source: www.newlawjournal.co.uk

Falklands war veteran wins apology over LGBT ban – The Guardian

Posted December 10th, 2019 in armed forces, homosexuality, news, sexual orientation discrimination by sally

‘A British Falklands war veteran has been given his medals back and received an apology from the Ministry of Defence after being forced out of the navy over his sexuality.’

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The Guardian, 10th December 2019

Source: www.theguardian.com

Solicitor rebuked for issuing cheque that bounced – Legal Futures

Posted December 10th, 2019 in cheques, fines, news, solicitors, Solicitors Regulation Authority by sally

‘A solicitor has been sanctioned for sending a client a cheque for his damages which bounced.’

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Legal Futures, 10th December 2019

Source: www.legalfutures.co.uk

Adoption and race discrimination: Mander – Law & Religion UK

Posted December 10th, 2019 in adoption, human rights, news, race discrimination, Sikhism by sally

‘Sandeep and Reena Mander are of Sikh heritage and were born and brought up in the UK. They identify as part of the wider Sikh community but are not religious:

“They go to Temple a few times a year much as, they say, some of their non-practising Christian friends go to church at Christmas or Easter. They consider themselves culturally British, whilst acknowledging their Indian heritage”.’

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Law & Religion UK, 10th December 2019

Source: www.lawandreligionuk.com

“Disproportionate” to strike out claim for late payment of court fees – Litigation Futures

Posted December 10th, 2019 in fees, news, striking out, time limits by sally

‘Striking out a £120,000 claim for late payment of court fees was disproportionate and the claimant was entitled to relief from sanctions, the High Court has ruled.’

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Litigation Futures, 10th December 2019

Source: www.litigationfutures.com

Campaigners threaten UK parties with legal action over data processing – The Guardian

Posted December 10th, 2019 in data protection, elections, news, political parties by sally

‘A data rights group has threatened legal action against the Conservatives, Labour and the Liberal Democrats over the parties’ use of personal data ahead of Thursday’s election.’

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The Guardian, 9th December 2019

Source: www.theguardian.com

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

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Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk

Serial rapist Joseph McCann given 33 life sentences – The Guardian

Posted December 10th, 2019 in news, rape, sentencing by sally

‘The serial rapist Joseph McCann has been handed 33 life sentences with a minimum term of 30 years.’

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The Guardian, 9th December 2019

Source: www.theguardian.com

English judges deciding Scottish divorce cases is “recipe for chaos”, Supreme Court hears – Daily Telegraph

Posted December 10th, 2019 in choice of forum, divorce, financial provision, news, Scotland by sally

‘English judges deciding Scottish divorce cases is a “recipe for chaos”, the Supreme Court has heard in a landmark case between an aristocrat and his estranged wife.’

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Daily Telegraph, 9th December 2019

Source: www.telegraph.co.uk

Girl sexually exploited ‘by over 40 adults’ while in care – The Guardian

Posted December 9th, 2019 in abuse of position of trust, care homes, care workers, child abuse, children, hospitals, mental health, news, police, psychiatric damage, sexual offences, social services by sally

‘The children’s commissioner has been called on to intervene in the case of a vulnerable teenager alleged to have been the victim of a catalogue of failures at the hands of social workers, medical authorities and police.’

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The Guardian, 8th December 2019

Source: www.theguardian.com

Stop and search: the controversial police power – BBC News

Posted December 9th, 2019 in investigatory powers, news, police, race discrimination, statistics, stop and search by sally

‘Stop and search is a controversial police power to stop, question and search a person who is suspected of doing something illegal, including carrying drugs.’

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BBC News, 7th December 2019

Source: www.bbc.co.uk

Legal aid firm loses JR over contract withdrawal – Legal Futures

Posted December 9th, 2019 in contracts, judicial review, law firms, legal aid, news by sally

‘There is no basis for a law firm’s challenge to a Legal Aid Agency (LAA) decision to reject its tender for a legal aid contract, the High Court has ruled.’

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Legal Futures, 9th December 2019

Source: www.legalfutures.co.uk

‘National disgrace’: Hundreds of disabled people detained in UK hospitals for more than 10 years – The Independent

Posted December 9th, 2019 in autism, detention, disability discrimination, disabled persons, hospitals, learning difficulties, news, statistics by sally

‘More than 350 people with special needs have been detained in hospitals for more than 10 years, analysis has revealed.’

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The Independent, 8th December 2019

Source: www.independent.co.uk

Solicitor who felt “intimidated” by clients struck off – Legal Futures

Posted December 9th, 2019 in deceit, disciplinary procedures, licensing, mental health, negligence, news, personal injuries, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A partner who said she felt “threatened and intimidated” by clients who would not accept her advice to discontinue has been struck off for lying about the progress of their cases.’

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Legal Futures, 9th December 2019

Source: www.legalfutures.co.uk

Judge believes blameless parents and sends baby home – Transparency Project

Posted December 9th, 2019 in accidents, child cruelty, children, families, news, social services by sally

‘His Honour Judge Dancey has published a judgment in which he explains why he has decided that social services have failed to prove that either parent caused a skull fracture sustained by their baby, with the result that the baby is going home. The judge decided that the evidence did not prove that the fracture had been inflicted as opposed to caused accidentally, and the injury just remained unexplained. The baby has made a full recovery, by the way.’

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Transparency Project, 7th December 2019

Source: www.transparencyproject.org.uk