March 2017 – Page 18 – Current Awareness

Recent Statutory Instruments – legislation.gov.uk

Posted March 3rd, 2017 in legislation by tracey

The Crime and Courts Act 2013 (Commencement No. 17, Transitional and Savings Provisions) Order 2017

The Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017

The Code of Practice (Industrial Action Ballots and Notice to Employers) Order 2017

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting (Amendment) Order 2017

The Communications (Television Licensing) (Amendment) Regulations 2017

The National Health Service Commissioning Board (Additional Functions) Regulations 2017

The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2017

The Offshore Funds (Tax) (Amendment) Regulations 2017

The Health and Safety (Miscellaneous Amendments) Regulations 2017

The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) (Amendment) Order 2017

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2017

The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017

The Medical Devices (Fees Amendment) Regulations 2017

The Guaranteed Minimum Pensions Increase Order 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 3rd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Green (Supervisor of the IVA of Wright) v Wright [2017] EWCA Civ 111 (01 March 2017)

High Court (Administrative Court)

Ahmed v Swedish Economic Crime Authority [2017] EWHC 345 (Admin) (01 March 2017)

High Court (Chancery Division)

Fielding & Anor v Hunt ( Liquidator of the Burnden Group Ltd) [2017] EWHC 406 (Ch) (2 March 2017)

Bhullar v Bhullar & Ors [2017] EWHC 407 (Ch) (2 March 2017)

High Court (Queen’s Bench Division)

Adams & Ors v Atlas International Property Services Ltd & Ors [2017] EWHC 401 (QB) (02 March 2017)

Candy v Holyoake & Ors [2017] EWHC 373 (QB) (02 March 2017)

Personal Management Solutions Ltd & Anor v Brakes Bros Ltd & Ors [2017] EWHC 383 (QB) (01 March 2017)

Bailey & Ors v Glaxosmithkline (UK) Ltd [2017] EWHC 377 (QB) (01 March 2017)

High Court (Technology and Construction Court)

Kingsgate Development Projects Ltd v Jordan & Anor [2017] EWHC 343 (TCC) (02 March 2017)

Source: www.bailii.org

Bar backs MoJ fee scheme restructure – with reservations – Law Society’s Gazette

Posted March 3rd, 2017 in advocacy, barristers, consultations, criminal justice, fees, legal aid, news by tracey

‘The Bar Council has said it is broadly in favour of the Ministry of Justice’s plans to restructure the Advocates’ Graduated Fee Scheme (AGFS) in criminal cases but warned that it should be “closely monitored” to ensure advocates do not lose out on fees.’

Law Society’s Gazette, 2nd March 2017

Source: www.lawgazette.co.uk

Children: Private Law Update (February 2017) – Family Law Week

Posted March 3rd, 2017 in blood products, burials and cremation, children, consent, Judaism, jurisdiction, news, transgender persons by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

Family Law Week, 28th February 2017

Source: www.familylawweek.co.uk

Bahrain speech by Sir Peter Gross: Judicial Leadership and Reform – Courts and Tribunals Judiciary

Posted March 3rd, 2017 in case management, judiciary, speeches by tracey

‘Bahrain speech by Sir Peter Gross: Judicial Leadership and Reform.’

Courts and Tribunals Judiciary, 1st March 2017

Source: www.judiciary.gov.uk

House of Lords drops tough new rule to kick out members who misbehave after opposition from peers – Daily Telegraph

Posted March 3rd, 2017 in disciplinary procedures, news, parliament, peerages & dignities by tracey

‘Tough new rules to kick misbehaving peers out of the House of Lords have been dropped because of opposition from members of the un-elected second chamber.’

Daily Telegraph, 2nd March 2017

Source: www.telegraph.co.uk

Amber Rudd authorises more powerful Tasers for police – The Guardian

Posted March 3rd, 2017 in news, police, weapons by tracey

‘The home secretary, Amber Rudd, has authorised a more powerful Taser stun gun to be issued to police officers in England and Wales despite concerns over a number of deaths and serious injuries connected with their use.’

The Guardian, 2nd March 2017

Source: www.guardian.co.uk

BBC reporter Sally Chidzoy’s tribunal struck out for ‘unreasonable conduct’ – BBC News

Posted March 3rd, 2017 in BBC, employment tribunals, news, sex discrimination, striking out, victimisation by tracey

‘A veteran BBC TV reporter who claimed she was the victim of a “witch-hunt” had her employment tribunal case struck out for unreasonable conduct.’

BBC News, 2nd March 2017

Source: www.bbc.co.uk

Domestic abuse survivors will be allowed to register to vote anonymously to protect them from their attackers – The Independent

Posted March 3rd, 2017 in anonymity, domestic violence, elections, news, victims by tracey

‘Survivors of domestic abuse will be protected from their attackers when they register to vote, under new Government plans.
The rules will be relaxed to make it far easier for victims of abuse to register anonymously, in a victory for a campaign by charities including Women’s Aid.’

The Independent, 2nd March 2017

Source: www.independent.co.uk

Row erupts after rich pensioner erects barricade to block off neighbour’s £2m home – Daily Telegraph

Posted March 3rd, 2017 in damages, injunctions, news, privacy, right to light by tracey

‘A rich pensioner is locked in a bizarre neighbours war with a cutting-edge architect and her partner, after erecting a huge wooden barricade that blocks off the windows and back door of their innovative £2 million house.’

Daily Telegraph, 2nd March 2017

Source: www.telegraph.co.uk

Police destroyed key evidence in new Hatton Garden case because of time limit rules – Daily Telegraph

Posted March 3rd, 2017 in evidence, news, police, time limits, video recordings by tracey

‘Police destroyed more than 200 hours of CCTV footage which could have been used as key evidence to try a Hatton Garden burglar for his part in another high-end raid because of time limit rules, a court was told.’

Daily Telegraph, 3rd March 2017

Source: www.telegraph.co.uk

Police ‘failed to properly investigate possible sex abuse of toddler’, says watchdog – The Independent

Posted March 3rd, 2017 in child abuse, complaints, news, police, reports by tracey

‘Senior detectives failed to properly investigate the case of a toddler who may have been sexually abused before she died, a police watchdog has concluded.’

The Independent, 2nd March 2017

Source: www.independent.co.uk

CQC warns online doctor services may pose risk to public – The Guardian

Posted March 3rd, 2017 in consumer protection, doctors, internet, news by tracey

‘Patients could be at risk from online companies offering doctors’ services, the Care Quality Commission has said.’

The Guardian, 3rd March 2017

Source: www.guardian.co.uk

What happens now peers have voted to amend the Brexit Bill? – Daily Telegraph

Posted March 2nd, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘Peers in the House of Lords have voted to amend European Union (Notification of Withdrawal) Bill, which if passed by Parliament will allow the UK to start formal talks about leaving the EU.’

Daily Telegraph, 1st March 2017

Source: www.telegraph.co.uk

Judge calls for ‘procedural co-ordination’ in development of legal costs law – OUT-LAW.com

Posted March 2nd, 2017 in budgets, civil procedure rules, costs, news, pre-action conduct by sally

‘It will be important for judges to take a co-ordinated approach as the case law around legal costs and cost budgeting develops, a High Court judge has said.’

OUT-LAW.com, 2nd March 2017

Source: www.out-law.com

The Importance of Costs Budgets – Merrix v Heart of England NHS Trust [2017] EWHC 346 (QB) – Zenith PI Blog

Posted March 2nd, 2017 in budgets, civil procedure rules, costs, news by sally

‘The Appellant had succeeded against the Respondent in a clinical negligence claim but when the matter came before District Judge Lumb for a detailed assessment of her costs, he was asked to determine as a preliminary issues whether his discretion on costs was fettered by the cots budgeting regime. The case had settled in advance of the trial with the inevitable consequence that the Appellant’s costs were significantly less than those which had been budgeted for and approved pursuant to a previous costs management order made under CPR 3.15(2).’

Zenith PI Blog, 1st March 2017

Source: www.zenithpi.wordpress.com

Courts are running out of qualified judges, peers are told – The Guardian

Posted March 2nd, 2017 in judicial appointments commission, judiciary, legal profession, news, select committees, Supreme Court by sally

‘Vacancies for crown court and high court judges are increasingly being left unfilled because of a serious shortage of suitably qualified applicants, a select committee has been told.’

The Guardian, 1st March 2017

Source: www.guardian.co.uk

Inside Britain’s sharia councils: hardline and anti-women – or a dignified way to divorce? – The Guardian

Posted March 2nd, 2017 in divorce, islamic law, news, tribunals, women by sally

‘Sharia councils say they offer Muslim women a way out of religious marriage but critics argue this parallel legal system can leave vulnerable people trapped in abuse. Here is a rare look behind the scenes.’

The Guardian, 1st March 2017

Source: www.guardian.co.uk

Unlicensed online retransmissions of TV shows within ‘the area of initial broadcast’ constitutes copyright infringement, rules EU court – OUT-LAW.com

Posted March 2nd, 2017 in bills, copyright, EC law, intellectual property, media, news by sally

‘Retransmitting TV programmes online within “the area of initial broadcast” is an act of copyright infringement under EU law, if carried out without the permission of the TV broadcasters, the EU’s highest court has ruled.’

OUT-LAW.com, 1st March 2017

Source: www.out-law.com

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