Behind the curtain – Local Government Lawyer

Posted November 8th, 2019 in consultations, elections, government departments, local government, news by sally

‘As the general election kicks off, James Goudie QC highlights a 2017 High Court ruling on the status of “purdah” and the business that can and cannot be conducted while it applies.’

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Local Government Lawyer, 8th November 2019

Source: www.localgovernmentlawyer.co.uk

Thomas Cook collapse leaves PI claimants unprotected – Litigation Futures

Posted November 8th, 2019 in compensation, holidays, news, personal injuries by sally

‘The government has pledged to set up a statutory compensation scheme for people making personal injury claims against failed holiday company Thomas Cook after it emerged the firm mainly self-insured them.’

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Litigation Futures, 7th November 2019

Source: www.litigationfutures.com

Chambers should “be generous” on parental leave – Legal Futures

Posted November 8th, 2019 in barristers, maternity leave, news, paternity leave by sally

‘Chambers should give barristers the right to return to work after two or three years of parental leave, the Western Circuit Women’s Forum (WCWF) has said.’

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Legal Futures, 8th November 2019

Source: www.legalfutures.co.uk

‘Best Interests’- how to decide? – Family Law

Posted November 8th, 2019 in children, Court of Protection, elderly, mental health, news, official solicitor by sally

‘I act as a Deputy for many clients, young and old, with different needs, requests and expectations. I manage their money and need to make best interest decisions daily. When a client lacks capacity to make a particular decision then it’s my job to help support them in making that decision. If they can’t make a particular financial decision then I become the “decision maker”.’

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Family Law, 8th November 2019

Source: www.familylaw.co.uk

Man jailed after he was caught with loaded gun – Crown Prosecution Service

Posted November 8th, 2019 in firearms, guilty pleas, news, sentencing by sally

‘A man caught with a loaded revolver has been convicted after a prosecution by the CPS.’

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Crown Prosecution Service, 8th November 2019

Source: www.cps.gov.uk

Ex-footballer exploited teenagers to sell heroin and crack in ‘highly organised’ county lines drug ring – The Independent

Posted November 8th, 2019 in conspiracy, drug trafficking, news, sentencing by sally

‘A former footballer who masterminded a “highly organised” county lines drugs operation, exploiting teenagers to deal heroin and crack cocaine, has been jailed for 10 years.’

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The Independent, 7th November 2019

Source: www.independent.co.uk

Police officers illicitly access police computers including checks on a partner’s criminal record – Daily Telegraph

‘Hundreds of police officers and staff have illicitly accessed police databases for their own ends including checking the criminal records of partners. Freedom of Information requests show 237 officers and staff have been disciplined for accessing the highly-sensitive police national computer or other IT systems in the past two years.’

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Daily Telegraph, 7th November 2019

Source: www.telegraph.co.uk

Asylum seekers: Home Office taking ‘substantially longer’ on claims – BBC News

Posted November 8th, 2019 in asylum, delay, immigration, news, statistics by sally

‘Decisions on asylum applications are taking “substantially” longer than they were five years ago, data suggests. In 2014, 80% of applicants received an initial decision within six months, compared with around 25% now, according to the Migration Observatory.’

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BBC News, 8th November 2019

Source: www.bbc.co.uk

Royal Mail seeks injunction over planned strikes by workers – Daily Telegraph

Posted November 8th, 2019 in industrial action, injunctions, news, postal service by sally

‘Bosses at Royal Mail are seeking an injunction to block a planned strike by postal workers, claiming there are “potential irregularities in the ballot” making the vote unlawful.’

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Daily Telegraph, 8th November 2019

Source: www.telegraph.co.uk

Teenage boy jailed for raping unconscious 10-year-old girl on way home from school – The Independent

Posted November 8th, 2019 in children, guilty pleas, news, rape, sentencing, young offenders by sally

‘A teenager who violently raped a 10-year-old girl as she walked home from school has been jailed.’

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The Independent, 7th November 2019

Source: www.independent.co.uk

Police officer charged with murder of Dalian Atkinson – The Guardian

Posted November 8th, 2019 in death in custody, murder, news, police, prosecutions by sally

‘A police constable has been charged with murdering Dalian Atkinson in a clash during which a stun gun and other force was used on the former footballer.’

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The Guardian, 7th November 2019

Source: www.theguardian.com

British man Aidan James who fought against IS jailed – BBC News

Posted November 8th, 2019 in news, proscribed organisations, sentencing, terrorism by sally

‘A British man who fought with a Kurdish militia against the Islamic State group has been jailed for a terrorism offence and drug charges.’

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BBC News, 7th November 2019

Source: www.bbc.co.uk

Priests would rather die than break the Seal of Confession, Cardinal Nichols tells child sex abuse inquiry – Daily Telegraph

Posted November 8th, 2019 in child abuse, clergy, inquiries, news, sexual offences by sally

‘Priests would rather die than break the Seal of Confession, the most senior Catholic in England and Wales has told an inquiry into child sexual abuse. The Archbishop of Westminster, Cardinal Vincent Nichols, made the comments today while giving evidence at the Independent Inquiry into Child Sexual Abuse (IICSA).’

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Daily Telegraph, 8th November 2019

Source: www.telegraph.co.uk

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

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Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Account ForfeitureOrder Notices – The Administrative Method – Drystone Chambers

‘The idea behind Account Forfeiture Order Notices is that it makes it easier for law enforcement to forfeit recoverable property, or property that is to be used in unlawful conduct, without going to court. The powers should only be used where there is no likelihood that the forfeiture will be objected to. Although these seem simple provisions there are a lot of possible issues, such as the length of notice, who and how it is served, if it is reasonable to serve one in the first place, and if forfeiture occurs, if it can be set aside by an aggrieved party at a later date.’

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Drystone Chambers, October 2019

Source: drystone.com

Environmental Law News Update – Six Pump Court

Posted November 7th, 2019 in bills, climate change, energy, environmental protection, fraud, news by sally

‘In this latest Environmental Law News Update, William Upton QC and Mark Davies consider developments regarding the Environment Bill, leadership in the climate crisis and a case against Exxon Mobil in the US for improper forecasting of the cost of climate regulation to its business.’

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Six Pump Court, 6th November 2019

Source: www.6pumpcourt.co.uk

Singularis Holdings in the Supreme Court: The Quincecare Duty of Care is Alive and Well, While the Case of Stone & Rolls Ltd is Finally Laid to Rest – 39 Essex Chambers

Posted November 7th, 2019 in appeals, banking, duty of care, fraud, news, Supreme Court by sally

‘There is a “Happy Halloween” present from the Supreme Court for commercial fraud claimant litigators. In the important case of Singularis Holdings Ltd (In Official Liquidation) -v- Daiwa Capital Markets Europe Ltd [2019] UKSC 50, handed down on 30 October 2019, the Supreme Court has upheld the existence of a bank’s Quincecare duty of care, even where the instructions which resulted in a claimant company being defrauded was given by that company’s sole director and controlling mind, and have also finally laying to rest the much criticised case of Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39; [2009] 1 AC 1391 that had been used to attribute the fraud of a director of a one-man company to the company itself.’

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39 Essex Chambers, 31st October 2019

Source: www.39essex.com

Marriages of Convenience: Preparation and Procedures – Drystone Chambers

Posted November 7th, 2019 in appeals, immigration, marriage, news by sally

‘Recently I was instructed on an EEA case, where a marriage between an EEA national and an Albanian national was alleged to be a marriage of convenience after a “Mr and Mrs” marriage interview. The unusual feature in this case was that they had answered virtually all of the questions put to them with a high degree of consistency, which would usually be taken as evidence of the marriage being genuine.’

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Drystone Chambers, October 2019

Source: drystone.com

Bart Casella writes about Unexplained Wealth Orders and changes to applications for Account Freezing Orders – 23 Essex Street

‘Before UWOs came into force on 31 January 2018, I provided seminars to solicitors on the potentially far reaching effects that the orders could have, including on mortgagees and trustees of property held by individuals who qualified for an order or in relation to enforcement by HMRC in respect of inappropriate tax planning. The reality is that the investigating authorities in the UK have thus far concentrated on the ‘low hanging fruit’.’

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23 Essex Street, 4th November 2019

Source: www.23es.com

Ten years on: how has the Supreme Court fared? – Counsel

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk