Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Posted August 25th, 2016 in appeals, data protection, human rights, news, Scotland, Supreme Court by sally

‘The insularity of English lawyers can often mean that limited attention is paid to legal developments north of the border. Scotland, like the past, is a legally foreign country and they do things differently there. However, we here at Panopticon are never afraid to join a rousing chorus of ‘500 Miles’ by The Proclaimers (you should see some of the blog’s team at the Christmas Party – carnage). Readers with elephantine memories and little to do by way of fun may recall my post on the Inner House’s judgment concerning the ‘Named Person Service’. At the end of term, the case reached the Supreme Court in The Christian Institute v Lord Advocate [2016] UKSC 51. Apologies in advance for the length of the post which follows…’

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Panopticon, 25th August 2016

Source: www.panopticonblog.com

Stamp duty aftershock triggers rollercoaster ride for conveyancers ahead of Brexit vote – Legal Futures

Posted August 25th, 2016 in conveyancing, news, stamp duty, taxation by sally

‘Conveyancing activity in Q2 followed a rollercoaster journey with transactions jumping by almost a quarter (24%) year-on-year – up from 230,430 to 286,425 – as completions were registered following the rush to beat the Stamp Duty Land Tax (SDLT) changes for buy-to-let properties and second homes on 1 April 2016, according to the latest edition of the Conveyancing Market Tracker from Search Acumen, the search provider.’

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Legal Futures, 25th August 2016

Source: www.legalfutures.co.uk

Former councillor jailed for supplying false information ahead of election – Local Government Lawyer

Posted August 25th, 2016 in elections, electoral register, fraud, local government, news, sentencing by sally

‘An ex-councillor has been jailed for two months after pleading guilty to supplying false information to an electoral registration officer.’

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Local Government Lawyer, 24th August 2016

Source: www.localgovernmentlawyer.co.uk

‘Soft’ prison sentences extended after complaints – BBC News

Posted August 25th, 2016 in appeals, complaints, news, sentencing by sally

‘The prison sentences of 102 offenders in England and Wales were extended last year, following complaints the original terms were too soft.’

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BBC News, 25th August 2016

Source: www.bbc.co.uk

Met police breached data protection laws to spy on own officer – Daily Telegraph

Posted August 25th, 2016 in damages, data protection, human rights, London, news, police by sally

‘Scotland Yard breached data protection laws to spy on one of its own officers while she was on sick leave, it has emerged.’

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Daily Telegraph, 24th August 2016

Source: www.telegraph.co.uk

Dalian Atkinson: Tasered footballer given CPR for 35 minutes – BBC News

Posted August 25th, 2016 in complaints, death in custody, firearms, inquests, news, police by sally

‘Doctors battled in vain for 35 minutes to save ex-footballer Dalian Atkinson after he was Tasered by police, the inquest into his death has heard.’

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BBC News, 24th August 2016

Source: www.bbc.co.uk

Man who shot wife at care home sentenced to six years in psychiatric hospital – The Guardian

Posted August 25th, 2016 in care homes, detention, elderly, firearms, homicide, mental health, murder, news, sentencing by sally

‘A man who shot his 81-year-old wife dead at a care home has been sentenced to six years in a psychiatric hospital.’

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The Guardian, 24th August 2016

Source: www.guardian.co.uk

The Elements of a Post-Brexit Settlement – Henderson Chambers

Posted August 24th, 2016 in brexit, EC law, freedom of movement, immigration, news, referendums by sally

‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’

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Henderson Chambers, 10th August 2016

Source: www.hendersonchambers.co.uk

Timeshare mis-selling: An Introduction to the Problem – Park Square Barristers

Posted August 24th, 2016 in contracts, EC law, misrepresentation, news, time sharing by sally

‘I have recently been getting to grips with the complex world of timeshare contracts and timeshare mis-selling. This requires the mastery of a very wide spectrum of legal doctrines and concepts which are not often wedded together in practice: simple contract, and from that misrepresentation actions (they are hard, and include therein a knowledge of exclusion clause and entire agreement clause law), time share regulation legislation, land law, service charge law, private international law, club law, consumer credit law (which is crucial), and EU and “consumer law” – which, as anyone who knows anything about the Bank Charges litigation knows, is a very difficult legal landscape in its own right.’

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Park Square Barristers, 11th August 2016

Source: www.parksquarebarristers.co.uk

Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

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Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

EVENT: LSE – A Public Lecture by Martha Spurrier, Director of Liberty

Posted August 24th, 2016 in Forthcoming events by sally

‘Over the last decade hostile political rhetoric has been mirrored by the entrenchment of discrimination in our laws and our policies and a sustained threat to our Human Rights Act. In 2016 politicians entered a race to the bottom on human rights and migration issues. Recent polling has found that more people think there are more tensions between communities than there were six months ago. Hate crime has spiked. Now more than ever human rights must be our unifying values. As the UK looks to its new future, this talk will reflect on how human rights – and human rights activists – can offer a national identity of tolerance, diversity and equality, and where the battle lines will be drawn in the months to come.’

Date: 19th October 2016, 6.30-8.00pm

Location: Sheikh Zayed Theatre, New Academic Building

Charge: Free

More information can be found here.

Fraudulent claims rule: when can an insurer avoid a claim? – Park Square Barristers

Posted August 24th, 2016 in appeals, fraud, insurance, news, Supreme Court by sally

‘Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) [2016] UKSC 45 resolved one of the most contentious issues in modern insurance law.’

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Park Square Barristers, 29th July 2016

Source: www.parksquarebarristers.co.uk

Costs judge gives another CFA assignment the thumbs-up – Litigation Futures

Posted August 24th, 2016 in assignment, contracts, costs, fees, news, part 36 offers, solicitors by sally

‘The assignment of conditional fee agreements (CFAs) is under the spotlight yet again after a costs judge ruled that one had been validly made.’

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Litigation Futures, 23rd August 2016

Source: www.litigationfutures.com

Father who backs ‘harmful’ alternative cancer medication should have baby taken into care, says judge – Daily Telegraph

Posted August 24th, 2016 in autism, cancer, care orders, children, family courts, health, medicines, news by sally

‘A baby boy whose father advocates the use of “harmful alternative medication” should be taken into council care, a family court judge has decided.’

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Daily Telegraph, 23rd August 2016

Source: www.telegraph.co.uk

An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

Force family lawyers to offer fixed fees, consumer panel suggests – Legal Futures

Posted August 24th, 2016 in competition, dentists, family courts, fees, legal services, news, statistics by sally

‘Family law specialists should be required to work under fixed fees, the Legal Services Consumer Panel has suggested as it ramped up its call for regulatory intervention to improve transparency in the market.’

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Legal Futures, 24th August 2016

Source: www.legalfutures.co.uk

Courts must prepare for significant increases in care cases, says top judge – Local Government Lawyer

Posted August 24th, 2016 in care orders, children, families, family courts, news, pilot schemes, statistics by sally

‘The family courts must plan on the basis that there will continue to be significant increases in care cases, the President of the Family Division has warned.’

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Local Government Lawyer, 23rd August 2016

Source: www.localgovernmentlawyer.co.uk

‘More than half’ of taxpayer challenges to HMRC decisions successful – OUT-LAW.com

‘More than half of the challenges brought by taxpayers against HM Revenue and Customs (HMRC) decisions last year were successful, according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.’

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OUT-LAW.com, 23rd August 2016

Source: www.out-law.com

Aviation regulator calls for anyone found carrying laser pointers to be arrested in bid to cut number of attacks on aircraft – The Independent

Posted August 24th, 2016 in aircraft, news, prosecutions, statistics by sally

‘People found carrying powerful laser pointers should be arrested even if they are not using them, the head of the UK’s aviation regulator has said.’

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The Independent, 24th August 2016

Source: www.independent.co.uk