February 2017 – Current Awareness

‘Osman, R (on the application of) v London Borough of Harrow (2017) EWHC 274 (Admin). A challenge to Harrow’s allocation policy, specifically on the “downgrading” of allocation priority for overcrowded households in PRS accommodation, while existing Harrow tenants kept the higher priority for overcrowding on a transfer application.’

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Nearly Legal, 26th February 2017

Source: www.nearlylegal.co.uk

Potential financial losses and gains from theft of confidential information did not justify award of ‘jackpot damages’, rules UK judge – OUT-LAW.com

Posted February 28th, 2017 in damages, data protection, employment, news, theft by tracey

‘Businesses that have confidential information stolen from them but do not suffer a financial loss as a result of that theft will generally not be eligible for damages if those that have taken the information unlawfully have not made any financial gain by doing so, a judge at the High Court in London has said.’

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OUT-LAW.com, 27th February 2017

Source: www.out-law.com

Civil procedure update: new rules – make sure you know what’s coming! – Zenith PI Blog

Posted February 28th, 2017 in budgets, civil procedure rules, costs, fees, news, sanctions, trials by tracey

‘On 3rd February 2017 the Civil Procedure (Amendment) Rules 2017 were made. The majority of these rules will come into force on 6th April 2017.’

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Zenith PI, 28th February 2017

Source: www.zenithpi.wordpress.com

Government gains injunction to block prison staff industrial action – BBC News

Posted February 28th, 2017 in industrial action, injunctions, news, prison officers, prisons by tracey

‘The government has won a High Court injunction blocking industrial action by prison staff on Wednesday.’

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BBC News, 28th February 2017

Source: www.bbc.co.uk

Fines for using mobile phone while driving to double – The Independent

Posted February 28th, 2017 in careless driving, consultations, fines, news, telecommunications by tracey

‘Drivers caught using their mobile phone behind the wheel face tougher penalties from Wednesday.’

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The Independent, 28th February 2017

Source: www.independent.co.uk

Jealous killer, 21, jailed for life over Matalan murders of ex-girlfriend and new partner – Daily Telegraph

Posted February 28th, 2017 in murder, news, offensive weapons, sentencing by tracey

‘A killer who stabbed his ex-girlfriend and her new partner to death outside the shop where they worked has been jailed for at least 23 years.’

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Daily Telegraph, 28th February 2017

Source: www.telegraph.co.uk

Southwark council fined £570,000 over fatal tower block fire – The Guardian

Posted February 28th, 2017 in costs, fines, fire, health & safety, housing, local government, news by tracey

‘The London fire brigade has said it hopes “lessons are learned” after a council was fined £570,000 over safety failings at a 14-storey block of flats where six people died in a fire.’

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The Guardian, 28th February 2017

Source: www.guardian.co.uk

New Acts – legislation.gov.uk

Posted February 28th, 2017 in legislation by tracey

Cultural Property (Armed Conflicts) Act 2017

High Speed Rail (London – West Midlands) Act 2017

Commonwealth Development Corporation Act 2017

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 28th, 2017 in legislation by tracey

The Criminal Justice and Courts Act 2015 (Commencement No. 6) Order 2017

The Individual Savings Account (Amendment) Regulations 2017

The Child Trust Funds (Amendment) Regulations 2017

The Emergency Powers (Overseas Territories) Order 2017

The Employment Rights (Increase of Limits) Order 2017

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2017

The Patents (Isle of Man) (Amendment) Order 2017

The Courts Act 2003 (Amendment) Order 2017

The Social Security (Personal Independence Payment) (Amendment) Regulations 2017

The Export Control (Amendment) (No. 2) Order 2017

The Civil Legal Aid (Immigration Interviews) (Exceptions) (Amendment) Regulations 2017

The Court of Protection (Amendment) Rules 2017

The Social Security (Income-Related Benefits) Amendment Regulations 2017

The Universal Credit (Benefit Cap Earnings Exception) Amendment Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 28th, 2017 in law reports by tracey

High Court (Commercial Court)

Su (aka Hsin Chi Su, Su Hsin Chi And Nobu Morimoto) v Clarksons Platou Futures Ltd & Anor [2017] EWHC 337 (Comm) (24 February 2017)

Shackleton And Associates Ltd v Shamsi & Ors [2017] EWHC 304 (Comm) (23 February 2017)

Tchenguiz & Anor v Grant Thornton UK LLP & Ors [2017] EWHC 310 (Comm) (22 February 2017)

Marathon Asset Management LLP & Anor v Seddon & Ors [2017] EWHC 300 (Comm) (22 February 2017)

J Toomey Motors Ltd & Anor v Chevrolet UK Limited [2017] EWHC 276 (Comm) (20 February 2017)

Atheer Telecom Iraq Ltd v Orascom Telecom Iraq Corp. Ltd & Anor [2017] EWHC 279 (Comm) (17 February 2017)

Sinocore International Co Ltd v RBRG Trading (UK) Ltd [2017] EWHC 251 (Comm) (17 February 2017)

Mena Energy DMCC v Hascol Petroleum Ltd [2017] EWHC 262 (Comm) (16 February 2017)

Teekay Tankers Ltd v STX Offshore & Shipbuilding Co. Ltd [2017] EWHC 253 (Comm) (15 February 2017)

Dunn Motor Traction Ltd v National Express Ltd [2017] EWHC 228 (Comm) (15 February 2017)

Marsfield Automotive Inc v Siddiqi [2017] EWHC 187 (Comm) (10 February 2017)

H v L & Ors [2017] EWHC 137 (Comm) (03 February 2017)

High Court (Family Division)

G v S [2017] EWHC 365 (Fam) (24 February 2017)

A Local Authority & Anor v MC & Ors (Care proceedings)(Inherent Jurisdiction) [2017] EWHC 370 (Fam) (24 February 2017)

R (A Child : Care Order) [2017] EWHC 364 (Fam) (24 February 2017)

H (A Minor) v Northamptonshire County Council & Anor [2017] EWHC 282 (Fam) (17 February 2017)

Great Ormond Street Hospital for Children Foundation NHS Trust v NO & KK & Ors [2017] EWHC 241 (Fam) (14 February 2017)

K and D (Wardship Without Notice Return Order) [2017] EWHC 153 (Fam) (02 February 2017)

A Local Authority v J & Y [2017] EWHC 10 (Fam) (01 February 2017)

High Court (Patents Court)

Warner-Lambert Company LLC v Sandoz GmbH & Anor [2017] EWHC 216 (Pat) (13 February 2017)

Source: www.bailii.org

Judge rules against council over refusal to accommodate before age assessment – Local Government Lawyer

Posted February 28th, 2017 in asylum, children, housing, immigration, news, refugees by tracey

‘A local authority did not have good reason for departing from statutory guidance requiring it to provide accommodation and support to an unaccompanied young person pending a lawful age assessment, a High Court judge has ruled.’

Full story

Local Government Lawyer, 27th February 2017

Source: www.localgovernmentlawyer.co.uk

Adherence to Wells ruling meant discount rate cut was only option, says Truss – Litigation Futures

Posted February 28th, 2017 in consultations, damages, interest, news, personal injuries by tracey

‘The “faithful application” of the principles set down by the House of Lords in Wells v Wells was the reason Lord Chancellor Liz Truss rejected calls to take a “mixed portfolio” approach to setting the discount rate, in a move one leading observer suggested showed “nimble political footwork”.’

Full story

Litigation Futures, 28th February 2017

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted February 28th, 2017 in law reports by tracey

High Court (Administrative Court)

Davey, R (On the Application Of) v Oxfordshire County Council [2017] EWHC 354 (Admin) (27 February 2017)

Aviva Life & Pensions (UK) Ltd, R (On the Application Of) v McCulloch & Anor [2017] EWHC 352 (Admin) (27 February 2017)

Full Circle Asset Management Ltd v Financial Ombudsman Service Ltd & Ors [2017] EWHC 323 (Admin) (24 February 2017)

Cummings, R (on the application of) v Secretary of State for Justice [2017] EWHC 266 (Admin) (24 February 2017)

Vilionis v Vilnius County Court Lithuania & Anor [2017] EWHC 336 (Admin) (24 February 2017)

Zapala v The Circuit Court, Warsaw, Poland [2017] EWHC 322 (Admin) (24 February 2017)

Harding, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 358 (Admin) (24 February 2017)

Director of Public Prosecutions v Smith [2017] EWHC 359 (Admin) (24 February 2017)

Jollah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 330 (Admin) (24 February 2017)

Winters v Secretary of State for Communities And Local Government & Anor [2017] EWHC 357 (Admin) (24 February 2017)

Obert v Public Prosecutor’s Office of Appeal of Ioannina, Greece [2017] EWHC 303 (Admin) (24 February 2017)

District Court In Litomerice, Czech Replublic v Kolman [2017] EWHC 302 (Admin) (24 February 2017)

S, R (on the application of) v London Borough of Croydon & Anor [2017] EWHC 265 (Admin) (24 February 2017)

Barry Thorpe-Smith & Anor v Secretary of State for Communities And Local Government & Anor [2017] EWHC 356 (Admin) (24 February 2017)

Noye, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 267 (Admin) (24 February 2017)

PA v Criminal Court Coimbra (Portugal) (Rev 1) [2017] EWHC 331 (Admin) (22 February 2017)

Dabrowski v Regional Court In Radom (Poland) [2017] EWHC 179 (Admin) (21 February 2017)

Archer, R v HM Revenue and Customs [2017] EWHC 296 (Admin) (21 February 2017)

Wallace, R (On the Application Of) v Parole Board for England And Wales [2017] EWHC 295 (Admin) (21 February 2017)

Osman, R (on the application of) v London Borough of Harrow [2017] EWHC 274 (Admin) (21 February 2017)

High Court (Chancery Division)

Champagne Louis Roederer (CLR) (Roederer) v J Garcia Carrion SA & Ors [2017] EWHC 289 (Ch) (23 February 2017

Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2017] EWHC 258 (Ch) (21 February 2017)

Roberts & Anor v Fresco [2017] EWHC 283 (Ch) (17 February 2017)

Henchley & Ors v Thompson [2017] EWHC 225 (Ch) (16 February 2017)

Burton & Anor v Bowdery & Ors [2017] EWHC 208 (Ch) (16 February 2017)

Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2017] EWHC 257 (Ch) (16 February 2017)

Onzm & Anor v Watson & Ors [2017] EWHC 256 (Ch) (16 February 2017)

Fielding & Anor v Hunt [2017] EWHC 247 (Ch) (15 February 2017)

Anderson Properties Ltd v Blyth Liggins (a firm) [2017] EWHC 244 (Ch) (15 February 2017)

Argos Ltd v Argos Systems Inc [2017] EWHC 231 (Ch) (15 February 2017)

Twin Benefits Ltd v Barker & Anor [2017] EWHC 177 (Ch) (13 February 2017)

Roshan v Singh & Ors [2017] EWHC 176 (Ch) (13 February 2017)

Patel v Patel [2017] EWHC 133 (Ch) (10 February 2017)

BTI 2014 LLC v Sequana SA & Ors [2017] EWHC 211 (Ch) (10 February 2017)

Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC 217 (Ch) (10 February 2017)

Source: www.bailii.org

How to prevent a Decree being made Absolute – Family Law Week

Posted February 28th, 2017 in divorce, family courts, news by tracey

‘Byron James, barrister, Expatriate Law (Dubai) / Fourteen, reviews the law, practice and procedure relating to the prevention of a decree made absolute in divorce proceedings.’

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Family Law Week, 21st February 2017

Source: www.familylawweek.co.uk

MoJ confirms hike in probate fees – Law Society’s Gazette

Posted February 28th, 2017 in consultations, courts, fees, news, probate by tracey

‘The Ministry of Justice has confirmed a massive overhaul in probate charges, which will see some estates charged up to £20,000. From May this year, subject to parliamentary approval, the MoJ is planning to introduce a sliding scale of charges for probate fees to replace the current flat fees.’

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Law Society’s Gazette, 27th February 2017

Source: www.lawgazette.co.uk

Domestic violence evidence requirement removed – Law Society’s Gazette

Posted February 28th, 2017 in domestic violence, evidence, legal aid, news, time limits, victims by tracey

‘The Law Society has welcomed the government’s decision to remove a time limit for evidence that will make it easier for domestic violence victims to qualify for legal aid.’

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Law Society’s Gazette, 27th February 2017

Source: www.lawgazette.co.uk

Payday loans complaints rise 22% despite FCA clampdown – The Guardian

Posted February 28th, 2017 in banking, complaints, consumer credit, financial regulation, insurance, news, statistics by tracey

‘Complaints to the financial ombudsman about payday loans have risen to almost 200 a week – and not all of those experiencing problems necessarily fit the image of low-income borrowers relying on short-term loans to get by.’

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The Guardian, 28th February 2017

Source: www.guardian.co.uk

Deportation of student halted hours before she was due to board plane – The Guardian

Posted February 28th, 2017 in asylum, deportation, immigration, news, universities by tracey

‘A talented student is hoping to finish her course at a British university after coming within hours of being removed from the UK by immigration officials.’

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The Guardian, 28th February 2017

Source: www.guardian.co.uk