Month: April 2017

EVENT: European Circuit of the Bar of England and Wales in co-operation with Middle Temple – Written Constitutions – experiences and challenges.

Posted April 4th, 2017 in Forthcoming events by sally

‘Justice of the Supreme Court Lord Mance will chair a panel made up of Sir Jeffrey Jowell QC (Hon) of Blackstone Chambers , Professor Stefan Vogenauer of Max Planck Institute for European Legal History and Jeremy Gauntlett SC (South Africa), QC of Brick Court Chambers. The panel also hopes to be joined by an Irish Constitutional Lawyer.

The panel will reflect on the challenges and benefits of having a written constitution. Given the context of the BREXIT referendum and its aftermath, this discussion may in due course be relevant for the future development of the UK constitution.’

Date: 4th May 2017, 5.00-7.00pm

Location: Middle Temple

Charge: £20.00 or £10.00 if less than 7 years call

More information can be found here.

Mobile phone thieves jailed after police pursuit on M11 – The Guardian

Posted April 4th, 2017 in dangerous driving, news, police, sentencing, telecommunications, theft, video recordings by sally

‘Dramatic footage showing a mobile phone thief trying to escape police by driving the wrong way on the M11 has been released as the driver and his accomplice were jailed.’

Full story

The Guardian, 3rd April 2017

Source: www.guardian.co.uk

Council faces complaint to competition watchdog over incinerator contract – Local Government Lawyer

Posted April 4th, 2017 in competition, complaints, local government, news by sally

‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’

Full story

Local Government Lawyer, 3rd April 2017

Source: www.localgovernmentlawyer.co.uk

Part 36 penalties aimed at conduct, not just compensation, says appeal court – Litigation Futures

Posted April 4th, 2017 in appeals, civil procedure rules, compensation, news, part 36 offers by sally

‘A community-led recycling organisation has submitted a complaint to the Competition and Markets Authority claiming that a county council’s contract with an incinerator company breaks competition law.’

Full story

Litigation Futures, 3rd April 2016

Source: www.litigationfutures.com

Testamentary freedom vs claims by family members – OUP Blog

Posted April 4th, 2017 in appeals, charities, families, news, succession, Supreme Court, wills by sally

‘Should a person be free to dispose of property as she wishes on death, or be forced to leave it to certain family members? This is one of the most fundamental questions in succession law. Some (particularly continental European) jurisdictions allocate compulsory portions to certain family members, irrespective of any will. England and Wales, however, has a default testamentary freedom principle combined with the Inheritance (Provision for Family and Dependants) Act 1975, allowing certain people to claim discretionary provision out of the estate in limited circumstances.’

Full story

OUP Blog, 4th April 2017

Source: www.blog.oup.com

What are the six types of cybercriminals identified by BAE? – Daily Telegraph

Posted April 4th, 2017 in computer crime, crime, fraud, money laundering, news by sally

‘Defence group BAE Systems faces “serious and persistent” cyber attacks twice a week from hackers trying to steal the defence giant’s secrets. Here are the six types of cybercriminals identified by BAE.’

Full story

Daily Telegraph, 4th April 2017

Source: www.telegraph.co.uk

Halstead boiling water burglary duo jailed for life – BBC News

Posted April 4th, 2017 in assault, burglary, conspiracy, news, sentencing, torture by sally

‘Two “barbaric” men have each been given life sentences for beating a couple and dousing them with boiling water during a burglary at their home.’

Full story

BBC News, 3rd April 2017

Source: www.bbc.co.uk

Keir Starmer intervention sees London shop worker released from detention – The Guardian

Posted April 4th, 2017 in deportation, detention, immigration, news by sally

‘A popular shop worker who has lived in the UK for 26 years and was detained by immigration officers the day after article 50 was triggered will have two weeks to challenge his deportation following an intervention from the Labour MP Keir Starmer.’

Full story

The Guardian, 3rd April 2017

Source: www.guardian.co.uk

Ex-BBC worker Geoffrey Wheeler guilty of indecent assault – BBC News

Posted April 4th, 2017 in assault, BBC, community service, costs, news, sentencing, sexual offences by sally

‘An ex-BBC employee who indecently assaulted a woman more than 30 years ago was told his “past has caught up” as he was convicted.’

Full story

BBC News, 3rd April 2017

Source: www.bbc.co.uk

Succession, partners and bright line rules – Nearly Legal

Posted April 4th, 2017 in appeals, declarations of incompatibility, housing, human rights, landlord & tenant, news, succession by sally

‘Did the pre Localism Act 2011 succession rules for a secure tenancy amount to a breach of article 8 and 14 (private life and non-discrimination), and if so, should a declaration of incompatibility be made if the Housing Act 1985 could not be read compatibly? This was the issue in this appeal.’

Full story

Nearly Legal, 3rd April 2017

Source: www.nearlylegal.co.uk

UK should follow minimum alcohol price, say Lords – BBC News

Posted April 4th, 2017 in alcohol abuse, alcoholism, licensing, news, reports, Scotland, select committees by sally

‘Minimum unit pricing for alcohol should be rolled out across the UK if Scotland’s scheme is successful, a Lords committee says.’

Full story

BBC News, 4th April 2017

Source: www.bbc.co.uk

You’re hired? New levy and tougher rules signal apprenticeship shakeup – The Guardian

Posted April 4th, 2017 in education, employment, news, universities, young persons by sally

‘Ministers say 3m earning and learning schemes will plug the UK skills gap but critics say new levy is yet another financial burden for businesses

Full story

The Guardian, 4th April 2017

Source: www.guardian.co.uk

Supreme Court: contractual interpretation depends on a combination of text and context – OUT-LAW.com

Posted April 3rd, 2017 in contracts, indemnities, interpretation, news, Supreme Court by sally

‘The correct interpretation of a contract in England and Wales will depend on a range of factors, including the words of the contract and the context in which they are used, according to the UK’s highest court.’

Full story

OUT-LAW.com, 3rd April 2017

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 3rd, 2017 in legislation by sally

The Electricity and Gas (Energy Company Obligation) (Amendment) Order 2017

The Serious Crime Act 2015 (Commencement No. 7) Regulations 2017

The Public Sector Apprenticeship Targets Regulations 2017

The Legislative Reform (Private Fund Limited Partnerships) Order 2017

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2017

The Immigration Skills Charge Regulations 2017

The North Wales Wind Farms Connection (Correction) Order 2017

The Electricity Supplier Payments (Amendment) Regulations 2017

The Public Guardian (Fees, etc.) (Amendment) Regulations 2017

The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) (Amendment) Regulations 2017

The Water Act 2014 (Consequential Amendments etc.) Order 2017

The Judicial Pensions (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Judges once again avoid right to die issue – UK Human Rights Blog

Posted April 3rd, 2017 in assisted suicide, disabled persons, human rights, judges, judgments, judicial review, news by sally

‘Noel Douglas Conway, 67, is a victim of motor neurone disease. He has just been refused permission to seek judicial review of the criminalisation of physician-assisted suicide under the Suicide Act 1961. The High Court considered that Parliament has recently examined the issue following the Supreme Court decision in the 2014 Nicklinson case , and two out of three judges concluded that it would be “institutionally inappropriate” for a court to declare that s.2(1) of the Suicide Act was incompatible with the right to privacy and autonomy under Article 8 of the ECHR. Charles J dissented (and those who are interested in his opinion might want to look at his ruling last year in the case of a minimally conscious patient).’

Full story

UK Human Rights Blog, 2nd April 2017

Source: www.ukhumanrightsblog.com

Local authorities launch legal action over plans to downgrade hospital – Local Government Lawyer

Posted April 3rd, 2017 in hospitals, judicial review, local government, news by sally

‘A group of local authorities have launched a judicial review challenge over what they described as a “confusing and flawed” consultation process on plans to downgrade services at a local hospital.’

Full story

Local Government Lawyer, 31st March 2017

Source: www.localgovernmentlawyer.co.uk

BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com

Posted April 3rd, 2017 in bills, brexit, courts, EC law, legislation, news, parliamentary papers, repeals, time limits by sally

‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’

Full story

OUT-LAW.com, 30th March 2017

Source: www.out-law.com

Just too much effort… Barnet and homeless applications – Nearly Legal

Posted April 3rd, 2017 in compensation, documents, homelessness, housing, local government, London, news, ombudsmen by sally

‘The Local Government Ombudsman has issued a quite withering decision on a complaint about Barnet Council’s failure to make a formal decision on repeated homeless applications by a homeless woman.’

Full story

Nearly Legal, 30th March 2017

Source: www.nearlylegal.co.uk

Supreme Court: appeal classed as ‘proceedings’ in transitional cost recovery cases – OUT-LAW.com

Posted April 3rd, 2017 in agreements, costs, fees, insurance, news, solicitors, Supreme Court by sally

‘Transitional provisions allowing the recoverability of solicitors’ success fees and an after the event (ATE) insurance premium after April 2013 extend to where the policy is assigned, and where the case is later appealed, the Supreme Court has ruled.’

Full story

OUT-LAW.com, 31st March 2017

Source: www.out-law.com

Law firms to be banned from touting for business in hospitals – Daily Telegraph

Posted April 3rd, 2017 in costs, hospitals, law firms, negligence, news, personal injuries by sally

‘Law firms will no longer be able to tout for business inside hospitals under plans unveiled by the NHS.’

Full story

Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk