04/10/2017 – Current Awareness

BAILII: Recent Decisions

Posted October 4th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Abbas [2017] EWCA Civ 1393 (28 September 2017)
National Health Service Commissioning Board v Silovsky & Anor [2017] EWCA Civ 1389 (28 September 2017)

Court of Appeal (Criminal Division)

Yam v R [2017] EWCA Crim 1414 (29 September 2017)

High Court (Administrative Court)

London Borough of Lambeth v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2412 (Admin) (03 October 2017)
Glyn Marshall, R (on the application of) v East Dorset Council & Anor [2017] EWHC 2416 (Admin) (03 October 2017)
Brookman v General Medical Council [2017] EWHC 2400 (Admin) (29 September 2017)
Banghard, R (on the application of) v Bedford Borough Council [2017] EWHC 2391 (Admin) (29 September 2017)
Dill v Secretary of State for Communities and Local Government & Anor [2017] EWHC 2378 (Admin) (28 September 2017)

High Court (Commercial Court)

High Court (Family Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Judge criticises ‘deeply disturbing’ practices at defunct Asons – Law Society’s Gazette

Posted October 4th, 2017 in costs, insurance, law firms, news, personal injuries by sally

‘The now-defunct Asons Solicitors has been ordered to meet the costs of insurance company LV=, after a court found that the law firm made ‘gross’ and ‘deeply disturbing’ failures in a personal injury case it was handling.’

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Law Society's Gazette, 3rd October 2017

Source: www.lawgazette.co.uk

Law tightened to target terrorists’ use of the internet –

Posted October 4th, 2017 in internet, news, sentencing, terrorism by sally

‘Counter-terrorism laws are to be updated to make sure those who repeatedly view terrorist content online face up to 15 years in jail.’

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Home Office, 3rd October 2017

Source: www.gov.uk

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted October 4th, 2017 in bills, EC law, human rights, news by sally

‘When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status granted by the Bill to the human rights protected by the Charter after exit day, and to consider how the human rights protected by the Charter might continue to enjoy effective protection when retained EU law is converted into domestic law.’

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UK Constitutional Law Association, 4th October 2017

Source: ukconstitutionallaw.org

BSB seeks views on updating some of the rules governing barrister training and qualification – Bar Standards Board

Posted October 4th, 2017 in barristers, consultations, inns of court, legal education, news by sally

‘As part of its ongoing Future Bar Training (FBT) programme, the Bar Standards Board (BSB) has today launched a new consultation on a number of aspects of the way in which barristers train and qualify.’

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Bar Standards Board, 3rd October 2017

Source: www.barstandardsboard.org.uk

No ‘crock of gold’ but Lidington promises legal aid review will look at case for change – Legal Voice

Posted October 4th, 2017 in legal aid, news by sally

‘The government will ‘soon’ launch its long-awaited post-legislative review of legal aid, the lord chancellor announced during the Conservative Party conference in Manchester.’

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Legal Voice, 4th October 2017

Source: www.legalvoice.org.uk

Ofcom chief defends decision to cap spectrum auction – OUT-LAW.com

Posted October 4th, 2017 in competition, news, telecommunications by sally

‘Ofcom chief executive Sharon White has defended the telecoms regulator’s decision to put a limit on the amount of mobile spectrum an operator can control, after legal action was launched by two companies.’

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OUT-LAW.com, 3rd October 2017

Source: www.out-law.com

Pre-Action Protocol for Debt Claims – Part II – 4 KBW

Posted October 4th, 2017 in civil procedure rules, debts, news, pre-action conduct by sally

‘On 1st October 2017, the Pre-Action Protocol for Debt Claims, (the “Protocol”) is to come into force. This raises the question: what is a ‘debt’? For this Protocol, the only ‘guidance’ provided is on the Information Sheet (Annex 1), “you have received this [notice] because a business believes that you owe it money”. None of the draft or consultation papers provide further guidance or seek to define the term ‘debt’ under English law.’

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4 KBW, 22nd September 2017

Source: www.4kbw.net

BSB training plans could curb role of Inns – including compulsory dinners – and end 12-month term for pupillages – Legal Futures

Posted October 4th, 2017 in barristers, consultations, inns of court, legal education, news by sally

‘A drastic reduction in the role of the Inns of Court in the training of barristers – to the point where barristers would not have to be members of one – and an end to the required period of 12 months for pupillages are on the table as the Bar Standards Board (BSB) takes the next step in its Future Bar Training initiative.’

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Legal Futures, 4th October 2017

Source: www.legalfutures.co.uk

Grooming victim fear over Coronation Street courtroom error – BBC News

Posted October 4th, 2017 in anonymity, media, news, sexual grooming, victims by sally

‘Child sexual exploitation victims may fear coming forward after a courtroom sketch of a grooming victim was shown in Coronation Street, it is feared.’

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BBC News, 3rd October 2017

Source: www.bbc.co.uk

Woman who stole baby photos from Instagram is banned from social media – Daily Telegraph

Posted October 4th, 2017 in community service, internet, malicious communications, news, sentencing, suspended sentences by sally

‘A woman who copied photos of babies from other people’s Instagram accounts, posted them as her own and claimed they were sick or dead in a bid to get money has been banned from using social media for two years.’

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Daily Telegraph, 3rd October 2017

Source: www.telegraph.co.uk

Revised Practice Direction 12J – Child Arrangements and Contact Orders: Domestic Abuse and Harm – Family Law

Posted October 4th, 2017 in child arrangements orders, children, contact orders, domestic violence, news, practice directions by sally

‘Sir James Munby, President of the Family Division, has issued a revised Practice Direction 12J of the Family Procedure Rules 2010 which came into force on 2 October 2017. The Practice Direction applies to any family proceedings in the Family Court or the High Court and specifically applies to any application made for a Child Arrangements Order or should any question arise about where a child should live, or about contact between a child and a parent or other family member and the court considers that an order should be made.’

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Family Law, 3rd October 2017

Source: www.familylaw.co.uk

Gala Bingo advert banned for suggesting gambling can ease depression – The Independent

Posted October 4th, 2017 in advertising, complaints, gambling, mental health, news by sally

‘The advert for the bingo company, which was created by its affiliate, was seen on the 365dailynews website and described a man who was in debt and ‘stumbled on’ an ad for Gala Bingo.’

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The Independent, 4th October 2017

Source: www.independent.co.uk

High Court enforces contractual provision allocating responsibility for concurrent delay to contractor – OUT-LAW.com

Posted October 4th, 2017 in construction industry, contracts, delay, news by sally

‘The High Court has found that a clause in a construction contract which allocates the risk of concurrent delays to the contractor is valid and enforceable.’

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OUT-LAW.com, 3rd October 2017

Source: www.out-law.com