‘IRA members who planted bombs that destroyed two Birmingham pubs in 1974 could be “named and shamed” in the resumed inquest into the 21 deaths in the atrocity, a hearing has been told.’
The Guardian, 31st May 2017
Source: www.theguardian.com
‘A High Court judge has said he will refuse to allow alleged domestic abusers to cross examine their victims in any future hearings he oversees.’
Law Society's Gazette, 31st May 2017
Source: www.lawgazette.co.uk
Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399
‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’
WLR Daily, 23rd May 2017
Source: www.iclr.co.uk
Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)
‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’
WLR Daily, 25th May 2017
Source: www.iclr.co.uk
S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)
‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’
WLR Daily, 18th May 2017
Source: www.iclr.co.uk
‘The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit.’
Free Movement, 31st May 2017
Source: www.freemovement.org.uk
‘Eight lawyers including six magic circle partners have been named in a power list celebrating the best BAME (black, Asian and minority ethnic) business leaders.’
Law Society's Gazette, 30th May 2017
Source: www.lawgazette.co.uk
‘An investigation into the foreign funding and support of jihadi groups that was authorised by David Cameron may never be published, the Home Office has admitted.’
The Guardian, 31st May 2017
Source: www.theguardian.com
‘Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’).’
UK Constitutional Law Association, 31st May 2017
Source: ukconstitutionallaw.org
‘Can an employee claim direct or indirect discrimination on grounds of religion because she feels that her employer’s behaviour is inconsistent with what she understands to be “the Christian way of life”? That was one of the issues raised in Miss M Keens-Betts v The Anthony Gregg Partnership Ltd [2017] UKET 2208102/2016.’
Law & Religion UK, 1st June 2017
Source: www.lawandreligionuk.com
‘”Figures give us an insight into how crimes are changing and how access to children is changing through the use of the internet,” charity expert tells The Independent’
The Independent, 1st June 2017
Source: www.independent.co.uk
‘The conditions for when a snap election can be called were significantly restricted by the Fixed-term Parliaments Act of 2011. The Act of Parliament, which was part of the Conservative–Liberal Democrat coalition agreement produced after the 2010 general election, was introduced fixed-term elections to the Westminster parliament.’
Daily Telegraph, 31st May 2017
Source: www.telegraph.co.uk
‘Basildon Borough Council has been fined £150,000 by the Information Commissioner’s Office (ICO) for publishing sensitive personal information about a family in planning application documents that were made publicly available online.’
Local Government Lawyer, 31st May 2017
Source: www.localgovernmentlawyer.co.uk
‘Environmental lawyers are taking the government to the high court for a third time in a bid to remove “major flaws” from minister’s plans to tackle the UK’s illegal levels of air pollution.’
The Guardian, 31st May 2017
Source: www.theguardian.com
‘A city council has been ordered to pay £45,000 in fines and costs after an apprentice suffered serious hand injuries.’
Local Government Lawyer, 30th May 2017
Source: www.localgovernmentlawyer.co.uk
‘The UK will have to renegotiate at least 759 trade agreements with 168 non-EU countries after it leaves the European Union, according to research by the Financial Times.’
OUT-LAW.com, 31st May 2017
Source: www.out-law.com
‘The overwhelming majority of solicitors understand the need to offer their clients financial protection during the course of litigation, however, often the inclination is to assist in safeguarding their client’s financial risk is generally befitting when it comes to Issuing Proceedings. At this juncture it becomes appropriate to make a recommendation of the possibility in obtaining After the Event Insurance.’
Litigation Futures, 31st May 2017
Source: www.litigationfutures.com
‘Victims of a rogue breast surgeon who left hundreds of patients disfigured after carrying out needless operations have called for “co-conspirators” to be held to account, accusing them of turning a blind eye to the malpractice.’
The Guardian, 31st May 2017
Source: www.theguardian.com
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