Month: June 2017

In depth look at the new Home Office settlement policy for refugees after five years – Free Movement

Posted June 23rd, 2017 in government departments, immigration, news, refugees by tracey

‘In March 2017 the Home Office has announced a new policy of reviewing whether all refugees require protection at the end of a 5 year initial period of Refugee Status. This policy is effective for all existing and future applications for Indefinite Leave to Remain (“ILR”) as a Refugee. This policy has now been effective for three months and, with Refugee Week upon us, it is a good opportunity to delve into it in greater detail.’

Full Story

Free Movement, 22nd June 2017

Source: www.freemovement.org.uk

Continuing Duty under s.17 Children Act 1989 – Community Care Blog

Posted June 23rd, 2017 in children, housing, judicial review, local government, London, news, statutory duty by tracey

“The Administrative court has confirmed that the duty on local authorities under s.17 of the Children Act 1989 is an ongoing one and held that Lewisham London Borough Council had acted irrationally in concluding in a follow-up assessment that a mother had the means to provide her children with accommodation and that the children were not in need within the meaning of s.17.”

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Community Care Blog, 22nd June 2017

Source: communitycare11kbw.com

Lighting company fined for breaching competition law through online price restrictions – OUT-LAW.com

Posted June 23rd, 2017 in competition, fines, internet, news, price fixing by tracey

‘A lighting supplier has been fined £2.7 million for requiring retailers to use a minimum price when selling its products online.’

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OUT-LAW.com, 21st June 2017

Source: www.out-law.com

Honesty, integrity and pleading / putting allegations – UK Police Law Blog

Posted June 23rd, 2017 in news, pleadings, police, professional conduct, regulations, solicitors, Solicitors Regulation Authority by tracey

‘The debate on whether there is a difference between honesty and integrity continues apace in Rhys Williams v Solicitors Regulatory Authority [2017] EWHC 1478 (Admin). I expressed my opinion here that there was a material difference between the two and that the decision of Mostyn J in Malins v Solicitors Regulatory Authority [2017] EWHC 835 (Admin), that the two were synonymous, was not correct – at least for the purposes of the Police (Conduct) Regulations 2012. The Divisional Court (the President of the QBD presiding) has now similarly deprecated it.’

Full Story

UK Police Law Blog, 21st June 2017

Source: ukpolicelawblog.com

Medical Protection Society lays out nine-point plan for “urgent” reform of claims – Litigation Futures

Posted June 23rd, 2017 in compensation, costs, health, negligence, news, statistics by tracey

‘Medical Protection Society lays out nine-point plan for “urgent” reform of claims.’

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Litigation Futures, 23rd June 2017

Source: www.litigationfutures.com

No legal barriers to social investment, but pension schemes still not investing – Law Commission

Posted June 23rd, 2017 in contribution, Law Commission, news, pensions, press releases, reports by tracey

‘There are no legal or regulatory barriers to pension schemes making social investments, according to a new report by the Law Commission.’

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Law Commission, 23rd June 2017

Source: www.lawcom.gov.uk

BAILII: Recent Decisions

Posted June 23rd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

JK, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 433 (22 June 2017)

Hrabkova v The Secretary of State for Work and Pensions [2017] EWCA Civ 794 (22 June 2017)

Court of Appeal (Criminal Division)

Chuhan, R v [2017] EWCA Crim 776 (19 June 2017)

High Court (Administrative Court)

DA & Ors, R (On the Application Of) v Secretary of State for Work and Pensions [2017] EWHC 1446 (Admin) (22 June 2017)

Steer v Secretary of State for Communities And Local Government & Ors [2017] EWHC 1456 (Admin) (22 June 2017)

The Prudential Assurance Company Ltd, R (On the Application Of) v Revenue And Customs [2017] EWHC 1484 (Admin) (22 June 2017)

High Court (Chancery Division)

Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC 1510 (Ch) (22 June 2017)

High Court (Commercial Court)

National Private Air Transport Company & Anor v Sheikh Abedlelah M Kaki [2017] EWHC 1496 (Comm) (22 June 2017)

Sheikh Abdulrahman Khalid Bin Mahfouz & Ors v El-Rashid & Ors [2017] EWHC 1460 (Comm) (22 June 2017)

High Court (Queen’s Bench Division)

Simpkin v The Berkeley Group Holdings Plc [2017] EWHC 1472 (QB) (22 June 2017)

Source: www.bailii.org

Cost of NHS negligence claims likely to double by 2023, says study – The Guardian

Posted June 23rd, 2017 in compensation, costs, health, negligence, news by tracey

‘The annual cost to the NHS in England of settling clinical negligence claims is equivalent to training 6,500 doctors and is expected to double by 2023, according to the Medical Protection Society.’

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The Guardian, 23rd June 2017

Source: www.theguardian.com

Government acted unlawfully by restricting ‘ethical’ boycotts of Israel, High Court rules – The Independent

Posted June 23rd, 2017 in government departments, Israel, judicial review, local government, news, pensions, sanctions by tracey

‘The Government acted unlawfully by seeking to restrict “ethical” boycotts of Israel, the High Court has ruled. After accepting a judicial review, the judge said Sajid Javid, the Secretary of State for Communities and Local Government, acted unlawfully in issuing guidance to restrict local councils from pursuing boycott, divestment and sanctions (BDS) against Israel through their pension schemes.’

Full Story

The Independent, 22nd June 2017

Source: www.independent.co.uk

European Court of Justice ruling could open floodgates for spurious vaccination claims – Daily Telegraph

Posted June 23rd, 2017 in compensation, international courts, medical treatment, news, personal injuries, vaccination by tracey

‘The European Court of Justice has been accused of undermining Britain’s vaccination programme after ruling that patients can sue for illnesses they believe were caused by jabs, even when there is no scientific evidence.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Chagos legal status sent to international court by UN – BBC News

Posted June 23rd, 2017 in Chagos Islands, international courts, international law, news, United Nations by tracey

‘A dispute between the UK and Mauritius over disputed island territory in the Indian Ocean is to be referred to the International Court of Justice (ICJ).’

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BBC News, 22nd June 2017

Source: www.bbc.co.uk

Watchdog targets online gambling firms that ‘load the dice’ against players – Daily Telegraph

Posted June 23rd, 2017 in consumer protection, gambling, internet, news by tracey

‘Online gambling companies will have to change their “unfair” sign-up deals or face a legal challenge after the Competition and Markets Authority (CMA) announced that it was launching enforcement action against operators that it believes to be breaking consumer law.’

Full Story

Daily Telegraph, 23rd June 2017

Source: www.telegraph.co.uk

Term-time holiday legal battle has cost taxpayers almost £140,000 so far – The Guardian

Posted June 23rd, 2017 in costs, education, fines, government departments, holidays, news, school children by tracey

‘The government spent almost £140,000 of taxpayers’ money on a prolonged legal battle against a father who took his daughter out of school for a holiday during term-time, according to new figures.’

Full Story

The Guardian, 23rd June 2017

Source: www.theguardian.com

Cap on benefits for single parents with toddlers ruled unlawful in landmark judgment – Daily Telegraph

Posted June 23rd, 2017 in benefits, class actions, families, government departments, judges, news, poverty by tracey

‘A central plank of the Government’s benefit reform programme has suffered a major setback after a High Court judge ruled it was unlawful and was causing “real misery” to single parents and their children.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Church of England failed child victims of sexual abuse while ‘colluding’ with disgraced bishop, report finds – The Independent

Posted June 23rd, 2017 in child abuse, Church of England, corruption, evidence, news, reports, sexual offences by tracey

‘The Church of England “concealed” evidence of child abuse by a former bishop stretching over two decades, the Archbishop of Canterbury, Justin Welby, has said, following a major independent review.’

Full report

Full Story

The Independent, 22nd June 2017

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 23rd, 2017 in legislation by sally

The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017

The Export Control (Amendment) (No. 3) Order 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 22nd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 (21 June 2017)

Bayerische Motoren Werke Aktiengesellschaft v Technosport London Ltd & Anor [2017] EWCA Civ 779 (21 June 2017)

High Court (Administrative Court)

C, R (on the application of) v The London Borough of Islington [2017] EWHC 1441 (Admin) (21 June 2017)

Rahman, R (On the Application Of) v The Local Government Election Court [2017] EWHC 1413 (Admin) (21 June 2017)

High Court (Chancery Division)

Astex Therapeutics Ltd v Astrazeneca AB [2017] EWHC 1442 (Ch) (21 June 2017)

Takeda Pharmaceutical Company Ltd v Fougera Sweden Holding 2 AB [2017] EWHC 1402 (Ch) (21 June 2017)

High Court (Family Division)

ND v SD & Ors [2017] EWHC 1507 (Fam) (21 June 2017)

Court (Queen’s Bench Division)

Hertfordshire County Council v Davies [2017] EWHC 1488 (QB) (21 June 2017)

High Court (Technology and Construction Court)

Mailbox (Birmingham) Ltd v Galliford Try Building Ltd [2017] EWHC 1405 (TCC) (21 June 2017)

Lobo v Corich & Anor [2017] EWHC 1438 (TCC) (21 June 2017)

Source: www.bailii.org

Prison reform: open letter from the Justice Secretary – Ministry of Justice

Posted June 22nd, 2017 in news, press releases, prisons by tracey

‘Justice Secretary David Lidington sets out the essential reforms under way to make prisons places of safety and reform.’

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Ministry of Justice, 21st June 2017

Source: www.gov.uk

Council agrees £13m payout to family of boy injured at swimming pool – Local Government Lawyer

Posted June 22nd, 2017 in compensation, local government, negligence, news, personal injuries by tracey

‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’

Full Story

Local Government Lawyer, 21st June 2017

Source: localgovernmentlawyer.co.uk

Jackson to pilot £80,000 costs cap for some cases worth up to £250,000 – Litigation Futures

Posted June 22nd, 2017 in costs capping orders, news, pilot schemes by tracey

‘The work on extending fixed recoverable costs (FRC) is going to start with a pilot to test capping costs at £80,000 for claims up to £250,000 in a limited number of courts, it has emerged.’

Full Story

Litigation Futures, 22nd June 2017

Source: www.litigationfutures.com