Practice Note on ‘Capacity’ – Zenith PI Blog

Posted February 18th, 2016 in mental health, news, personal injuries by sally

‘PI practitioners are not safe from capacity considerations. With an aging population and an increasing population of adults with learning disabilities, queries around capacity, whilst not quite ubiquitous yet, is nonetheless becoming an integral part of a PI practitioner’s essential knowledge. The only problem therefore being that in fact most of us know very little about it. For example that it is not a binary matter – a person can have capacity for one type of decision but not for another. In the PI arena we are most likely to be concerned with capacity to litigate but practitioners should be aware that they may also become embroiled in other questions about capacity for example in relation to welfare issues and/or the management of property and affairs.’

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Zenith PI Blog, 18th February 2016

Source: www.zenithpi.wordpress.com

Young offenders confined to cells in prison officers’ protest – The Guardian

‘Staff at a young offenders institute are refusing to let 300 prisoners out of their cells following a sharp rise in violence at the facility.’

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The Guardian, 17th February 2016

Source: www.guardian.co.uk

Shop Direct VAT repayments were subject to corporation tax, Supreme Court rules – OUT-LAW.com

Posted February 18th, 2016 in appeals, corporation tax, news, repayment, Supreme Court, VAT by sally

‘Catalogue company Shop Direct must pay corporation tax on a £125 million repayment of VAT overpaid by companies in the group that no longer trade, the Supreme Court has confirmed.’

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OUT-LAW.com, 18th February 2016

Source: www.out-law.com

Fixed costs: The time is now? – Litigation Futures

Posted February 18th, 2016 in costs, fees, health, negligence, news, speeches by sally

‘It has appeared inevitable in recent months that some form of fixed costs scheme will be introduced if the powers that be have their way although it was anticipated smaller claims would be targeted. However, Jackson LJ dropped the hand grenade that all costs involving claims up to £250,000 should be fixed.’

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Litigation Futures, 17th February 2016

Source: www.litigationfutures.com

Eight Trends and Eight Challenges to the European Court of Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in courts, human rights, news by sally

‘The opening of the Strasbourg Court’s judicial year every January always provides an opportunity for reflection on the themes and challenges which will define the Court’s jurisprudence for the coming year. This year, the theme of the seminar held at the Court to mark that opening was “International and national courts confronting large-scale violations of human rights””. I should like to offer eight predictions as to the other themes which will define the work of the Strasbourg Court this year. Given the Court’s pending caseload is still over 64,000 cases, these predictions are necessarily impressionistic. It will be for readers to judge whether, by this time next year, they have proven accurate.’

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UK Human Rights Blog, 16th February 2016

Source: www.ukhumanrightsblog.com

Su-su-subrogation – Nearly Legal

Posted February 18th, 2016 in housing, insurance, landlord & tenant, news by sally

‘Ms Golvina had rented a cottage from Ms Fresca-Judd. The rent was some £2,800 per month. Ms Golvina was away from the cottage over the Christmas period in 2010 and while she was away, the pipes froze and then burst during a cold snap. The cottage was flooded and the damage caused allegedly amounted to some £128,089.71.’

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Nearly Legal, 16th February 2016

Source: www.nearlylegal.co.uk

Partner wins battle with estranged wife over share of house – BBC News

Posted February 18th, 2016 in appeals, cohabitation, costs, families, housing, news, probate by sally

‘A woman who lived with her partner for 18 years has won a legal battle with his estranged wife for his share of their home.’

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BBC News, 16th February 2016

Source: www.bbc.co.uk

Prison ‘did not always know whereabouts of inmates’ – The Guardian

Posted February 18th, 2016 in news, prisons, reports by sally

‘Staff at an overcrowded, chaotic and violent prison did not always know where inmates were, an inspection has revealed.’

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The Guardian, 17th February 2016

Source: www.guardian.co.uk

Freedom, Asylum Seekers, and Two Lots of European Human Rights – UK Human Rights Blog

Posted February 18th, 2016 in asylum, deportation, detention, EC law, human rights, news by sally

‘In this post I will set out the facts, give a quick refresher of the relationship between the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (Charter). I will conclude with an overview of the decision itself.’

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UK Human Rights Blog, 17th February 2016

Source: www.ukhumanrightsblog.com

Ex-golf club captain vanishes from court before he is sentenced for £300k VAT fraud – Daily Telegraph

Posted February 18th, 2016 in fraud, fugitive offenders, news, sentencing, warrants by sally

‘Arrest warrant issued for businessman James Turner, who disappeared from Nottingham Crown Court after telling family he was popping to canteen.’

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Daily Telegraph, 16th February 2016

Source: www.telegraph.co.uk

Joint enterprise law wrongly interpreted for 30 years, court rules – The Guardian

Posted February 18th, 2016 in appeals, evidence, interpretation, joint enterprise, judgments, news, Supreme Court by sally

‘A key test imposed by judges in assessing guilt in so-called joint enterprise killings has been wrongly interpreted for the past 30 years, the supreme court has ruled.’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

Ministers seek to stop procurement boycotts through new guidance – Local Government Lawyer

‘Public procurement should never be used as a tool to boycott tenders from suppliers based in other countries, “except where formal legal sanctions, embargoes and restrictions have been put in place by the UK Government”, ministers have said in new guidance.’

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Local Government Lawyer, 17 February 2016

Source: www.localgovernmentlawyer.co.uk

High Court approves use of predictive coding – Litigation Futures

Posted February 17th, 2016 in computer programs, costs, courts, disclosure, documents, news by michael

‘The High Court has approved the use of predictive coding in e-disclosure, for what is believed to be the first time in this jurisdiction.’

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Litigation Futures, 17 February 2016

Source: www.litigationfutures.com

Here come the new lawyers – CLC sets out plans for probate practitioners and technicians – Legal Futures

‘Plans to create three new breeds of lawyer – probate practitioners, conveyancing technicians and probate technicians – are being published today by the Council for Licensed Conveyancers (CLC).’

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Legal Futures, 15 February 2016

Source: www.legalfutures.co.uk

Outsourcing and use of litigation assistants – Bar Council

‘Purpose: To assist barristers regarding the rules and their ethical obligations relating to outsourcing and the use of litigation assistants.’

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Bar Council, 17 February 2016

Source: http://www.barcouncil.org.uk

New planning guidance emphasises importance of housing evidence to neighbourhood planning – OUT-LAW.com

Posted February 17th, 2016 in codes of practice, evidence, housing, local government, news, planning by michael

‘New paragraphs were added to the UK government’s National Planning Practice Guidance (NPPG) last week clarifying that, in areas with a neighbourhood plan in place but without a five year supply of deliverable housing sites, neighbourhood plan policies relating to housing should not be considered up-to-date.’

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OUT-LAW.com, 16 February 2016

Source: www.out-law.com

Pursuing damages for bribery in the civil courts – OUT-LAW.com

‘Under the 2010 Bribery Act, bribery is a criminal offence and companies are required to have in place adequate procedures in order to prevent those associated with them from undertaking bribery. Adequate procedures provide the company with a defence to the criminal offences set out in the Act. However, what is often overlooked is the ability of the company to pursue both the recipient of the bribe as well as the briber for its financial losses and, in some cases, damages for fraud.’

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OUT-LAW.com, 16 February 2016

Source: www.out-law.com

Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

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Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

In the Matter of B (A Child): Habitual Residence and the Child-Centric Approach to Jurisdiction – Family Law Week

‘Habitual residence lies at the heart of the 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the 1980 Hague Convention”), and is the cornerstone of jurisdiction in international child law.  Yet despite the centrality of the concept, its definition and application have always left much room for argument; and although it is often described as “a question of fact”, it has generated large volumes of authority at the highest level.’

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Family Law Week, 14 February 2016

Source: www.familylawweek.co.uk

Violent domestic abusers to be tackled by new programme – BBC News

‘Men who pose a high risk of domestic violence are to be given one-to-one support to change their behaviour. ‘

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BBC News, 17 February 2016

Source: www.bbc.co.uk