Deliberately understating claim value to avoid higher court fees is an ‘abuse of process’, court rules – OUT-LAW.com

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by tracey

‘It was an “abuse of process” for individuals to deliberately understate the value of their claims against a law firm so that they could avoid paying higher court fees up front and issue their claims within the limitation period, the High Court has ruled.’

Full story

OUT-LAW.com, 7th January 2016

Source: www.out-law.com

Appeal court: profits from sale of ship should be treated as mitigation of loss from breach of contract – OUT-LAW.com

Posted January 8th, 2016 in causation, charterparties, contracts, economic loss, news, shipping law by tracey

‘A High Court judge “overcomplicated matters” by attempting to develop a set of principles governing whether the innocent party to a breach of contract should have its award of damages reduced to reflect a benefit it obtained from that breach of contract, an expert has said.’

Full story

OUT-LAW.com, 8th January 2016

Source: www.out-law.com

Taxi driver told to pay more than £9,000 in costs after losing council appeal – Local Government Lawyer

Posted January 8th, 2016 in appeals, complaints, costs, licensing, news, taxis by tracey

‘A taxi driver in Kent has been ordered to pay more than £9,000 in costs after losing an appeal against a council’s decision to suspend his licence.’

Full story

Local Government Lawyer, 6th January 2016

Source: www.localgovernmentlawyer.co.uk

SRA asks: Are solicitors to blame for declining criminal advocacy standards? – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to research this year whether standards of criminal advocacy are declining and whether solicitors are to blame. As part of the research, the SRA said it would ask judges whether solicitor and Crown Prosecution Service (CPS) advocates were “working beyond their level of competence”.’

Full story

Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

High Court finds abuse of process in how law firm sued fellow solicitors – Legal Futures

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by tracey

‘The High Court has found a Newcastle law firm’s conduct an abuse of process after it repeatedly failed to pay the proper court fees when it issued claims.’

Full story

Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

DPP: Controlling and coercive behaviour can “limit victims’ basic human rights” as new domestic abuse law introduced – Crown Prosecution Service

‘Domestic abusers who subject victims to controlling or coercive behaviour could face up to five years in jail under a new law which comes into force today (29 December 2015). The new legislation will mean the CPS can for the first time prosecute specific offences of domestic abuse if there is evidence of repeated, or continuous, controlling or coercive behaviour.’

Full press release

Crown Prosecution Service, 29th December 2015

Source: www.cps.gov.uk

The Race to Court under EU Brussels II: A New Approach? – Family Law Week

Posted January 8th, 2016 in conflict of laws, divorce, EC law, news, service, time limits by tracey

‘Stuart Clark, a solicitor at The International Family Law Group LLP, reports on a recent Irish case which could have important implications for the priority of divorce proceedings in international cases.’

Full story

Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

Dementia charity warned to take action over data protection failings – Daily Telegraph

Posted January 8th, 2016 in charities, data protection, mental health, news by tracey

‘The Information Commissioner’s Office (ICO) has ordered The Alzheimer’s Society to take action or risk prosecution after finding serious failings in the way volunteers handled data about people who used the charity.’

Full story

Daily Telegraph, 7th January 2016

Source: www.telegraph.co.uk

Snooper’s charter would be out of date in five years, says defence industry – The Guardian

Posted January 8th, 2016 in bills, internet, investigatory powers, news, telecommunications by tracey

‘The accelerating pace of technology means the government’s landmark snooper’s charter bill will only have a limited shelf life and will need to be revisited within five years, Britain’s defence and security industry has told MPs and peers.
They have warned that there are serious questions over whether fundamental parts of the new law that will overhaul of surveillance powers will be relevant in the near future as the technological landscape changes.’

Full story

The Guardian, 7th January 2016

Source: www.guardian.co.uk

Bar owner fined £20,000 after beer mix-up leaves man fighting for life – Daily Telegraph

Posted January 8th, 2016 in fines, health & safety, licensed premises, news by tracey

‘A bar owner has been fined £20,000 after a man was left fighting for his life when he was given line cleaner containing caustic soda to drink rather than beer. Spanish TV producer David Caminal, 48, had to have his oesophagus removed after he drank just a small amount of the fluid when it was served by mistake at the New Conservatory, in the centre of Leeds, in July 2014.’

Full story

Daily Telegraph, 8th January 2016

Source: www.telegraph.co.uk

Gang members banned from Birmingham’s Ladywood – BBC News

Posted January 8th, 2016 in gangs, injunctions, news, violence by tracey

‘Three brothers and a friend have been banned for two years from the area of Birmingham in which they live following the imposition of gang injunctions.’

Full story

BBC News, 8th January 2016

Source: www.bbc.co.uk

Motorist with 51 points escapes driving ban – Daily Telegraph

Posted January 8th, 2016 in disqualification, driving licences, news, penalties, road traffic offences by tracey

‘A motorist with 51 penalty points – more than four times the permitted maximum – on their licence is still allowed on the road, it has been revealed. The driver, based in Oxford, is one of three in the UK with more than 40 points on their licence who have not been disqualified. The information was released by the Driver and Vehicle Licensing Agency (DVLA) following a Freedom of Information request from the Institute of Advanced Motorists (IAM). It also shows that 3 million of the 45 million licence holders in the UK carry penalty points, of which 13 have accumulated 28 or more.’

Full story

Daily Telegraph, 7th January 2015

Source: www.telegraph.co.uk