Day: 4 August 2016

Councillor wins battle with parish over failure to provide reading aid – Local Government Lawyer

Posted August 4th, 2016 in disability discrimination, disabled persons, employment tribunals, local government, news by Mark L

‘A parish council discriminated against a councillor with visual impairment by failing to provide him with reading aids to carry out his duties. That finding has come following six employment tribunal hearings in Bedford and Huntingdon between November 2015 and May 2016 concerning former Brixworth parish councillor Stephen Pointer.’

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Local Government Lawyer, 3rd August 2016

Source: www.localgovernmentlawyer.co.uk

MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

Posted August 4th, 2016 in appeals, foreign jurisdictions, insurance, Motor Insurers’ Bureau, news, personal injuries, Supreme Court, uninsured drivers by Mark L

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

Full story

Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

Abuse Of Process In Historical Cases: A Thing Of The Past? – Crimeline

Posted August 4th, 2016 in abuse of process, disclosure, evidence, news, reports by Mark L

‘In May this year the Public Accounts Committee published a report titled the ‘Efficiency in the Criminal Justice System.’ The conclusions are unsurprising for those with any experience of the system; it is at breaking point. In the current climate it seems the courts will do everything in their power to ensure cases proceed often in spite of significant delay. Due to their nature, historical cases can often be besieged with disclosure problems, and while delay can be due to legitimate and understandable reasons it is also true that historical cases can face unjustifiably delay. The question which must be asked is, when a case suffers from both delay and disclosure issues can a defendant have a fair trial at all?.’

Full story

Crimeline, 3rd August 2016

Source: www.crimeline.info

BAILII: Recent Decisions

Posted August 4th, 2016 in law reports by Mark L

Supreme Court

Moreno v The Motor Insurers’ Bureau [2016] UKSC 52 (3 August 2016)

High Court (Administrative Court)

Jones v Luton Borough Council [2016] EWHC 2036 (Admin) (03 August 2016)

High Court (Commercial Court)

Saga Cruises BDF Ltd & Anor v Fincantieri SPA [2016] EWHC 1875 (Comm) (29 July 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 4th, 2016 in legislation by Mark L

The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2016

The Tonnage Tax (Training Requirement) (Amendment) Regulations 2016

Source: www.legislation.gov.uk

Bar ‘entities’ flop – so fees under review – Law Society’s Gazette

Posted August 4th, 2016 in alternative business structures, barristers, fees, news, reports by Mark L

‘The bar’s regulator is reviewing its fees after grossly overestimating the profession’s appetite for new business models. Income has fallen well short of expectations, the Bar Standards Board admits in its annual report, after entity applications turned out to be just a fraction of the hundreds anticipated when it began licensing the new model in April last year.’

Full story

Law Society’s Gazette, 4th August 2016

Source: www.lawgazette.co.uk

Judge rues ‘attritional warfare’ in PI case – Law Society’s Gazette

Posted August 4th, 2016 in costs, law firms, news, personal injuries by Mark L

‘A High Court judge has heavily criticised the parties in a hotly contested personal injury case for their lack of co-operation.’

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Law Society’s Gazette, 3rd August 2016

Source: www.lawgazette.co.uk

Tyson Fury: World heavyweight champion faces UK Anti-Doping charge – BBC News

Posted August 4th, 2016 in appeals, disqualification, drug abuse, news, sport by Mark L

‘World heavyweight champion Tyson Fury has been charged with a doping offence by the UK’s anti-doping body. Ukad revealed it suspended Fury on 24 June – the day the Briton announced he was pulling out his his rematch with Wladimir Klitschko because of injury. But Fury appealed and the suspension has now been lifted until a hearing in front of the National Anti-Doping Panel (NADP) at an as yet undetermined date.’

Full story

BBC news, 4th August 2016

Source: www.bbc.co.uk

Ancient grazing rights threatened as controversial baaaaaaad behaviour orders used to criminalise sheep – Daily Telegraph

Posted August 4th, 2016 in animals, anti-social behaviour, commons, crime, fines, local government, news by Mark L

‘it is one of the most ancient surviving commoners’ rights in England, thought to date at least to the Norman conquest if not before. But the custom of allowing sheep to roam freely in the Forest of Dean in Gloucestershire is set to be criminalised in one village, in the latest manifestation of controversial new antisocial behaviour laws nicknamed the “busybodies’ charter”.’

Full story

Daily Telegraph, 4th August 2016

Source: www.telegraph.co.uk

London 2011 riots: Stop and search change ‘led to knife crime’ – BBC News

Posted August 4th, 2016 in consultations, crime, London, news, offensive weapons, police, public order, racism, statistics, stop and search by Mark L

‘It is “highly likely” a drop in police stop and search usage has led to a rise in knife crime, a member of the panel which advised the government following the 2011 riots has said.’

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BBC News, 4th August 2016

Source: www.bbc.co.uk

Immigration centre staff told: Put ‘disobedient’ detainees in solitary confinement – even if it could kill them – The Independent

Posted August 4th, 2016 in detention, immigration, news by Mark L

‘People held at Britain’s immigration removal centres can be thrown into solitary confinement against medical advice and held for hours without any explanation, according to new guidance set to be issued to guards by the Home Office.’

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The Independent, 2nd August 2016

Source: www.independent.co.uk

Funeral director Alison Pople stole £14k charity donations – BBC News

Posted August 4th, 2016 in burials and cremation, charities, fraud, news, sentencing, suspended sentences, theft by Mark L

‘A funeral director who stole money donated by grieving families to charities in memory of their loved ones has been handed a suspended sentence.’

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BBC News, 3rd August 2016

Source: www.bbc.co.uk

Father of British woman ‘caged’ in Saudi Arabia must help her return to UK, judge rules – Daily Telegraph

Posted August 4th, 2016 in contempt of court, enforcement, false imprisonment, foreign jurisdictions, freedom of movement, news by Mark L

‘A father accused of “caging” his 21-year-old British daughter in Saudi Arabia after he caught her kissing a man must help her return to Swansea, a High Court judge has ruled.’

Full story

Daily Telegraph, 3rd August 2016

Source: www.telegraph.co.uk