27/04/2016 – Current Awareness

So Long(more): An end to the re-formulated Ghosh test for dishonesty in professional disciplinary cases? – 4 King’s Bench Walk

Posted April 27th, 2016 in appeals, disciplinary procedures, news, professional conduct by sally

‘In Hussain v GMC Lord Justice Longmore suggested the objective test for dishonesty in disciplinary proceedings should reflect the standards of members of the profession rather than the general public. That suggestion was taken up with varying degrees of enthusiasm by disciplinary panels, legal advisers and the courts. Andrew Granville Stafford argues that the recent Court of Appeal case of R v Hayes has effectively ended any need to apply the Longmore formulation.’

4 King’s Bench Walk, 27th April 2016

Source: www.4kbw.co.uk

The Structural Engineer’s Professional Duty to Warn and Goldswain v Beltec Ltd [2015] – Hardwicke Chambers

Posted April 27th, 2016 in construction industry, contracts, duty of care, health & safety, news, professional conduct, surveyors by sally

‘The duty to warn arises as no more than an aspect of the duty to act with the skill and care of an ordinarily competent professional. The existence of the duty recognises that in some circumstances the professional must go beyond what is specified as the desired performance in a contract (e.g. carrying out a design) and account for any risks of which he is aware by virtue of that expertise and warn others who may not be so aware.’

Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

Practical advice on forfeiture – Hardwicke Chambers

Posted April 27th, 2016 in civil procedure rules, forfeiture, housing, landlord & tenant, leases, mortgages, news, repossession, service, service charges, time limits by sally

‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’

Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

To notify or not to notify: the impact of contact terms on common law rights to terminate – Hardwicke Chambers

Posted April 27th, 2016 in compensation, construction industry, contracts, damages, news, notification by sally

‘In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm), Teare J held that the notice requirements contained in the termination provisions of a master supply agreement (the MSA) did not apply to an innocent party’s exercise of its common law right to terminate the agreement by accepting the other party’s repudiatory breach.’

Hardwicke Chambers, 26th April 2016

Source: www.hardwicke.co.uk

Allocation schemes and unlawful discrimination – LAG Housing Law

Posted April 27th, 2016 in age discrimination, appeals, codes of practice, disability discrimination, equality, housing, human rights, local government, news, sex discrimination, statistics by sally

‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’

LAG Housing Law, 26th April 2016

Source: www.laghousinglaw.com

Human Rights: Whether in Europe or Out – Gresham College

Posted April 27th, 2016 in constitutional law, EC law, human rights, jurisdiction, news, referendums by sally

‘With the in/out Europe vote to come (or having gone) what will the result mean for Human Rights? How is or has the debate been framed?’

Gresham College, 6th April 2016

Source: www.gresham.ac.uk

Prisoner who threw boiling water at nurse sentenced to 11 years jail – Attorney General’s Office

Posted April 27th, 2016 in appeals, grievous bodily harm, news, nurses, prisons, sentencing by sally

‘A violent prisoner in HMP Preston who threw boiling water in the face of a nurse today had his sentence increased to 11 years in jail.’

Attorney General’s Office, 27th April 2016

Source: www.gov.uk/ago

Report: ABSs punch well above their weight – Legal Futures

Posted April 27th, 2016 in alternative business structures, diversity, law firms, limited liability partnerships, news, partnerships, solicitors, statistics, women by sally

‘Alternative business structures (ABS) make up just 4% of all solicitors’ firms but contributed 11% of the profession’s turnover, research has revealed.’

Legal Futures, 27th April 2016

Source: www.legalfutures.co.uk

Hillsborough inquest timeline: the long wait for justice – The Guardian

Posted April 27th, 2016 in accidents, bereavement, civil justice, coroners, criminal justice, Crown Prosecution Service, disciplinary procedures, disclosure, documents, duty of care, evidence, families, inquests, inquiries, judicial review, juries, media, negligence, news, police, private prosecutions, professional conduct, prosecutions, sport, unlawful killing by sally

‘The families of the 96 people fatally injured at the 1989 FA Cup semi-final have been fighting for the truth for 27 years.’

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

Posted April 27th, 2016 in accidents, appeals, civil procedure rules, costs, damages, evidence, interpretation, news, personal injuries, road traffic by sally

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) – WLR Daily

Posted April 27th, 2016 in armed forces, delay, human rights, Iraq, judicial review, law reports, statutory duty, torture, unlawful killing by sally

Regina (Al-Saadoon and others) v Secretary of State for Defence (No 2) [2016] EWHC 773 (Admin)

‘The claimants brought public law claims in the courts of the United Kingdom arising out of the British military involvement in Iraq between 2003 and 2009. The claims involved allegations of ill-treatment and in some cases unlawful killing, of Iraqi civilians by British soldiers. By their claims for judicial review the claimants sought court orders requiring the Secretary of State to investigate alleged human rights violations. Issues arose relating to the UK’s obligations under articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, including (i) the nature and scope of the state’s substantive obligation under article 2 of the Convention in relation to the use of lethal force while seeking to quell riots and uphold law and order during the occupation of Iraq, (ii) when the investigative duty under article 2 arose in such circumstances and (iii) the effect of delay on the investigative duties under articles 2 and 3 where the allegations of breach of the substantive rights were made many years after the incidents in question.’

WLR Daily, 7th April 2016

Source: www.iclr.co.uk

Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Posted April 27th, 2016 in civil procedure rules, compensation, costs, damages, deportation, detention, false imprisonment, immigration, judicial review, law reports, remuneration by sally

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

Part 25 Applications – The theory and the practice – Family Law Week

Posted April 27th, 2016 in appeals, care orders, case management, children, expert witnesses, family courts, litigants in person, news, Supreme Court by sally

‘Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.’

Family Law Week, 21st April 2016

Source: www.familylawweek.co.uk

The Brave New World of Electronic Filing at the Central Family Court – Family Law Week

Posted April 27th, 2016 in documents, electronic filing, electronic mail, family courts, fees, internet, litigants in person, news, pilot schemes, practice directions by sally

‘Michael Allum, Solicitor with The International Family Law Group LLP, explains how the Central Family Court’s pilot scheme for electronic filing of documents will work.’

Family Law Week, 22nd April 2016

Source: www.familylawweek.co.uk

You’ve lost that loving Ealing (Sorry) – Nearly Legal

Posted April 27th, 2016 in age discrimination, children, disability discrimination, equality, housing, human rights, judicial review, landlord & tenant, local government, news, pilot schemes, sex discrimination, statistics by sally

‘Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of unlawfulness.’

Nearly Legal, 27th April 2016

Source: www.nearlylegal.co.uk

Regulator widens inquiry into UK firms’ links with Panama Papers tax havens – The Guardian

Posted April 27th, 2016 in disclosure, financial services ombudsman, inquiries, news, tax avoidance, tax evasion, taxation, whistleblowers by sally

‘The City regulator has widened its inquiries into potential links between UK financial firms and the law company at the centre of the Panama Papers revelations, it said on Tuesday.’

The Guardian, 26th April 2016

Source: www.guardian.co.uk

Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

Posted April 27th, 2016 in accidents, civil procedure rules, compensation, costs, damages, insurance, interpretation, news, personal injuries, road traffic by sally

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

Is ‘Big Data’ A Threat To Human Rights? – RightsInfo

Posted April 27th, 2016 in computer crime, data protection, EC law, human rights, internet, news, privacy by sally

‘One of the great benefits of modern society is the amount of information available to us everyday. Much of that information is now stored electronically. However, collecting a lot of information together creates risks. Big data showcases the potential utility of amassing information in bulk, but we need to be wary of the possible threat to our right to privacy.’

RightsInfo, 16th April 2016

Source: www.rightsinfo.org

Court of Protection orders continued reporting restrictions after death – UK Human Rights Blog

Posted April 27th, 2016 in anonymity, consent, Court of Protection, families, freedom of expression, human rights, media, medical treatment, news, privacy, public interest, reporting restrictions, suicide by sally

‘The Court of Protection has just ruled that where a court has restricted the publication of information during proceedings that were in existence during a person’s lifetime, it has not only the right but the duty to consider, when requested to do so, whether that information should continue to be protected following the person’s death.’

UK Human Rights Blog, 27th April 2016

Source: www.ukhumanrightsblog.com

Government defeated again in Lords over child refugees – BBC News

Posted April 27th, 2016 in asylum, bills, children, detention, immigration, local government, news, pregnancy, refugees, trafficking in human beings by sally

‘The government has been defeated again in the House of Lords over calls to take in child refugees from Europe.’

BBC News, 26th April 2016

Source: www.bbc.co.uk

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