‘Businesses risk the disclosure of damaging IT forensics reports if they fail to take advantage of legal professional privilege in light of a cyber attack.’
OUT-LAW.com, 17th February 2017
Source: www.out-law.com
‘What happens if a registrant is registered with two or more professional bodies and is then disciplined by one and is later disciplined by his or her other professional body? I recently appeared for the NMC, in the case of NMC v Benyu, where this situation arose. Ms Benyu was both a practising solicitor and nurse. She was struck off by the Solicitors Disciplinary Tribunal (SDT) for the mishandling of client funds. The client had mental health issues and originally was referred to her through her work as a nurse. Following the decision of the SDT, Ms Benyu was referred to the NMC.’
Full story (PDF)
Drystone Chambers, 30th January 2017
Source: www.drystone.com
‘On 29th September 2004 the Trustees of the Ashtead United Charity allocated Mrs Janet Watts accommodation in an almshouse, in fact one of 14 residential flats the Charity owned at Ashstead in Surrey. In May 2015 they issued proceedings for possession based on the allegations that Mrs Watts had acted in an anti-social manner, swearing, spitting, and aggression. This was a breach of the terms of the Appointments Letter under which she was allocated the property. At the first directions hearing the District Judge ordered a trial of the issue of whether Mrs Watts occupied as a licensee of the Charity or a tenant. If the former of course it would be relatively easy for the Charity to evict her; if the latter, much less so.’
Hardwicke Chambers, 18th January 2017
Source: www.hardwicke.co.uk
‘The Litigant in Person Network is an online platform which aims to connect a wide range of people with a common goal of improving access to justice. Coordinated by the Litigant in Person Support Strategy, and supported by The Legal Education Foundation, the network is a place for interested professionals to share, discussion and collaborate across sectors on issues relating to both actual and potential Litigants in Person (LiPs).’
Legal Voice, 20th February 2017
Source: www.legalvoice.org.uk
‘And indeed never authorised the co-purchaser to enter into a contract on her behalf without her consent, did not know that he was entering into a contract, or consent to his doing so on her behalf. That was the remarkable situation in the case of Rabiu v. Marlbray Ltd [2016] 1 WLR 5147. At first blush one might have thought, in line with the decision in Suleman v. Shahsavari [1998] 1 WLR 1181, that in the absence of the signature of one of the co-purchasers, there was no binding contract and that that would be the end of the matter. So the trial judge concluded, but the Court of Appeal held that on the facts of the case the purchaser who had signed had rendered himself liable as between himself and the vendor of the property, notwithstanding the absence of the signature of his co-purchaser. In so doing it distinguished Suleman. The decision of the Court of Appeal, which runs to 111 paragraphs, considers a number of issues and repays careful study. This casenote will consider the questions of the validity of the contract between the vendor and the copurchaser and the formalities required by s.2 of the Law of Property (Miscellaneous Provisions) Act 1989. A second casenote (to follow) will consider whether, on the assumption that there was no valid contract as between the vendor and the co-purchaser (either because the contract had not been signed by the other co-purchaser, or because of want of the formalities required by s.2), the vendor was required to return the co-purchaser’s deposit or could retain it.’
Radcliffe Chambers, February 2017
Source: www.radcliffechambers.com
‘Practitioners involved in a high-profile Court of Protection case have spoken out after it emerged that a 71-year-old woman jailed for contempt had been fighting to let her brother spend his remaining months in his country of birth.’
Law Society’s Gazette, 20th February 2017
Source: www.lawgazette.co.uk
‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:
MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.
Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’
Zenith PI Blog, 21st February 2017
Source: www.zenithpi.wordpress.com
‘The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds. A person who claims public funds despite such a condition is committing a criminal offence and there may well be future immigration consequences as well, as any existing leave can be curtailed or a future application refused.’
Free Movement, 21st February 2017
Source: www.freemovement.org.uk
‘The 20th of February is World Day of Social Justice and in honour of this day, we look at five ways human rights can help to achieve social justice.’
RightsInfo, 19th February 2017
Source: www.rightsinfo.org
‘A court faced with a bill of costs that straddles the Jackson reforms should consider both the pre and post April 2013 costs when deciding whether it is proportionate, but ignore any additional liabilities, a regional costs judge has ruled.’
Litigation Futures, 20th February 2017
Source: www.litigationfutures.com
‘Two men who used their phones to film themselves brutally attacking a man with learning difficulties have been jailed for his murder.’
BBC News, 20th February 2017
Source: www.bbc.co.uk
‘Max Hill QC, a leading prosecutor in many of the most serious terrorism trials, has been named the new independent reviewer of terrorism legislation.’
The Guardian, 20th February 2017
Source: www.guardian.co.uk
‘Moors murderer Ian Brady has been refused permission to launch a high court battle to get a lawyer of his choice to represent him at a tribunal.’
The Guardian, 20th February 2017
Source: www.guardian.co.uk
‘Company directors could face “disciplinary action” over breaches of financial reporting rules under new plans announced by the Financial Reporting Council (FRC).’
OUT-LAW.com, 17th February 2017
Source: www.out-law.com
‘The Lord Chief Justice has outlined his “strong opposition” to a bid to allow accountants to handle tax litigation and advocacy work – and in return come under fire from the body that would regulate them.’
Legal Futures, 21st February 2017
Source: www.legalfutures.co.uk
‘Police officers directly involved in fatal incidents should be separated as quickly as possible to prevent conferring, a watchdog has said.’
BBC News, 21st February 2017
Source: www.bbc.co.uk
‘The appeal court is to decide whether opposite-sex couples can enter civil partnerships – without running away to the Isle of Man.’
The Guardian, 21st February 2017
Source: www.guardian.co.uk
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