Restraint use on child prisoners doubles, says Howard League – BBC News

Posted June 20th, 2016 in charities, children, inquiries, news, prisons, restraint, statistics, young offenders by tracey

‘Children held in custody in England and Wales are twice as likely to have force used against them by staff than they were five years ago, research suggests.’

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BBC News, 20th June 2016

Source: www.bbc.co.uk

Home Office loses test case on asylum seekers ‘who look 18 or older’ – The Guardian

Posted June 20th, 2016 in asylum, children, detention, evidence, immigration, local government, news, statistics by tracey

‘A test case judgment has been handed down in the high court preventing the Home Office from detaining child asylum seekers just because officials think they look 18 or older.’

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The Guardian, 20th June 2016

Source: www.guardian.co.uk

EAT: workers must be engaged in ‘principal purpose’ immediately before TUPE transfer – OUT-LAW.com

‘Whether a group of workers consists of an “organised grouping” which will automatically transfer to a new service provider when the work that they do is taken over by that provider will depend on their activities “immediately before” the transfer, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 17th June 2016

Source: www.out-law.com

Firm cleared of negligence over conveyancing advice – Law Society’s Gazette

Posted June 20th, 2016 in conflict of interest, law firms, legal services, negligence, news, solicitors by tracey

‘A court has ruled a firm was not negligent in the advice it gave a couple who were dividing their shares in a property, after the judge said the firm did not need to advise them to seek separate advice.’

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Law Society’s Gazette, 17th June 2016

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted June 20th, 2016 in law reports by tracey

Supreme Court

BNY Mellon Corporate Trustee Services Ltd v LBG Capital No 1 Plc & Anor [2016] UKSC 29 (16 June 2016)

McDonald v McDonald & Ors [2016] UKSC 28 (15 June 2016)

McBride v Scottish Police Authority (Scotland) [2016] UKSC 27 (15 June 2016)

Court of Appeal (Civil Division)

Blue Bio Pharmaceuticals Ltd & Anor v Secretary of State for Health & Anor [2016] EWCA Civ 554 (17 June 2016)

Burnden Holdings (UK) Ltd v Fielding & Anor [2016] EWCA Civ 557 (17 June 2016)

Lee v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 558 (17 June 2016)

Mott, R (on the application of) v Environment Agency & Anor [2016] EWCA Civ 564 (17 June 2016)
Mortgage Express v Lambert [2016] EWCA Civ 555 (17 June 2016)

S1, T1, U1 & V1 v Secretary of State for the Home Department [2016] EWCA Civ 560 (16 June 2016)

High Court (Administrative Court)

XY, R (on the application of) v Maidstone Borough Council & Anor [2016] EWHC 1436 (Admin) (17 June 2016)

Bowen v Secretary of State for Home Department and the Government of the United States of America [2016] EWHC 1400 (Admin) (17 June 2016)

Cham, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 2016 (Admin) (17 June 2016)

High Court (Chancery Division)

Singh v Singh & Ors [2016] EWHC 1432 (Ch) (17 June 2016)

Ghadami v Bloomfield & Ors [2016] EWHC 1448 (Ch) (17 June 2016)

Collins v Collins & Ors [2016] EWHC 1423 (Ch) (15 June 2016)

Source: www.bailii.org

Landlord sentenced after admitting conspiring to defraud council – Local Government Lawyer

‘A landlord has been sentenced to 17 months in prison suspended for 12 months after she admitted conspiring to defraud a district council.’

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Local Government Lawyer, 17th June 2016

Source: www.localgovernmentlawyer.co.uk

Crazy little thing called proportionality causes hammer to fall on Queen guitarist’s costs – Litigation Futures

‘Lawyers should tell clients in cases where costs significantly exceed damages that the new test of proportionality means they will receive “no more than a contribution” to those costs if they are successful, a costs judge has said.’

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Litigation Futures, 17th June 2016

Source: www.litigationfutures.com

Neuberger urges debate over ethical implications of artificial intelligence – Legal Futures

‘The president of the Supreme Court last week called for a debate on the ethical implications of artificial intelligence (AI) and for “greater prominence” for ethics in legal training.’

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Legal Futures, 20th June 2016

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk – legislation.gov.uk

Posted June 20th, 2016 in legislation by tracey

The Statutory Auditors and Third Country Auditors Regulations 2016

Source: www.legislation.gov.uk

They think they’ve got away: How to catch a historical sex offender – BBC News

‘Sex offenders think they’ll get away with it. And often they do. Sometimes it can take years to bring them to justice, while others escape retribution altogether. So how do you go about making sure perpetrators of horrendous crimes committed in the distant past are caught and convicted?’

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BBC News, 20th June 2016

Source: www.bbc.co.uk

Watchdog demands more powers to stop cold-calling kingpins from dodging fines – Daily Telegraph

‘Cold call kings behind millions of nuisance calls are getting away with it because the Government has refused to hold them personally liable, the departing Information Commissioner has told The Telegraph. Christopher Graham, in his final interview before stepping down, said he had repeatedly pressed ministers to give him the power to pursue the directors of cold-calling companies – but his pleas had been ignored.’

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Daily Telegraph, 18th June 2016

Source: www.telegraph.co.uk

Teenager becomes first child in UK to be fitted with court-ordered GPS tracker – The Independent

‘A 15-year-old boy has been ordered to wear a GPS tracking device that will allow police to track where he is at all times following a string of criminal offences. The boy, who cannot be named for legal reasons, will be the first young offender in the country to be monitored in this way.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

Doctors could be prosecuted for gender-based abortion following British lawyers appeal to European Court of Human Rights – Daily Telegraph

‘Doctors who aborted foetuses based on their gender could finally be successfully prosecuted after British lawyers launched an appeal to the European Court of Human Rights calling for a reform of abortion law.’

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Daily Telegraph, 18th June

Source: www.telegraph.co.uk

Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk