Day: 5 October 2017

EVENT: Being Human Festival – Knowing our rights – do terrorists have human rights too?

Posted October 5th, 2017 in Forthcoming events by sally

‘It’s one of the trickiest legal and ethical questions of the modern age: should terrorists be denied their human rights in the interest of security? Should they simply be treated as rights-less? Come and hear an in-depth discussion of this vital contemporary matter, from a legal, philosophical and practical perspective.’

Date: 23rd November 2017, 7.00-9.00pm

Location: The Frontline Club, 13 Norfolk Place, London, Middlesex W2 1QJ

Charge: Free, RSVP

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2017 in legislation by sally

The Fishing Vessels (Codes of Practice) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017

The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

The General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2017

Source: www.legislation.gov.uk

Sir Edward Heath ‘would have been questioned’ over abuse claims – BBC News

Posted October 5th, 2017 in child abuse, news, parliament, sexual offences by tracey

‘Sir Edward Heath would have been questioned over sex abuse claims if he was alive when they came to light, police have said. Wiltshire Police launched Operation Conifer in 2015 when the former PM was accused of historical child sex abuse. The Conservative politician would have been interviewed under caution over seven claims, including the alleged rape of an 11-year-old, they said. No inference of guilt should be drawn from this, police stressed.’

Summary closure report

Full Story

BBC News, 5th October 2017

Source: www.bbc.co.uk

Ecclesiastical court judgments – September – Law & Religion UK

Posted October 5th, 2017 in ecclesiastical law, judgments, news by tracey

‘Review of the ecclesiastical court judgments during September 2017.’

Full Story

Law & Religion UK, 2nd October 2017

Source: www.lawandreligionuk.com

Vulnerability, medical evidence & Now Medical – Nearly Legal

Posted October 5th, 2017 in expert witnesses, homelessness, local government, mental health, news by tracey

‘Thomas v Lambeth LBC, County Court at Central London, 16 March 2017. This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. Of particular interest is that the judgment concerns and indeed turns on Now Medical reports on the homeless applicant and the use made of them by LB Lambeth on s.184 decision and on s.202 review.’

Full Story

Nearly Legal, 3rd October 2017

Source: nearlylegal.co.uk

BAILII: Recent Decisions

Posted October 5th, 2017 in law reports by tracey

High Court (Administrative Court)

Newcastle United Football Club Ltd & Anor v HM Revenue & Customs & Anor [2017] EWHC 2402 (Admin) (04 October 2017)

High Court (Chancery Division)

Emerald Supplies Ltd & Ors v British Airways Plc [2017] EWHC 2420 (Ch) (04 October 2017)

High Court (Commercial Court)

Dell Emerging Markets (EMEA) Ltd & Anor v IB Maroc.Com SA (A Body Corporate) [2017] EWHC 2397 (Comm) (04 October 2017)

High Court (Queen’s Bench Division)

Miley v Friends Life Ltd [2017] EWHC 2415 (QB) (04 October 2017)

Source: www.bailii.org

Investigation begins after Jamaican detainee, 38, dies – The Guardian

Posted October 5th, 2017 in death in custody, detention, immigration, news by tracey

‘An investigation has been launched into the death of a 38-year-old immigration detainee after the Home office confirmed that a Jamaican man died on Tuesday while he was being held at Morton Hall immigration removal centre in Lincoln. It is the third such death in less than a month and human rights campaigners have expressed alarm at the incident. The prisons and probation ombudsman has begun an investigation.’

Full Story

The Guardian, 4th October 2017

Source: www.theguardian.com

Who knows where the time goes? – Practical Law: Construction Blog

Posted October 5th, 2017 in construction industry, contracting out, contracts, damages, delay, news, time limits by tracey

‘Einstein famously said that the distinction between past, present and future is only a stubbornly persistent illusion. The nature of time is not an easy concept to grapple with and I had a similar (albeit not quite so ethereal) experience preparing a recent seminar on the practical effect of the decision in Carillion Construction v Emcor Engineering Services relating to contiguous (or rather non-contiguous) extensions of time.’

Full Story

Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

July to September 2017 case review for construction practitioners – Practical Law: Construction Blog

Posted October 5th, 2017 in arbitration, construction industry, contracts, negligence, news by tracey

‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’

Full Story

Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

Court rejects booking claims and convicts cab driver of blagging – Local Government Lawyer

Posted October 5th, 2017 in costs, fines, licensing, news, taxis, uninsured drivers by tracey

‘A private hire cab driver in Milton Keynes has been convicted of illegally plying for hire (blagging), with the magistrates’ court rejecting his argument that as he had make the booking on behalf of the customer the fare was lawful.’

Full Story

Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

LGO criticises failure of council to assess vulnerable young children at risk of harm – Local Government Lawyer

Posted October 5th, 2017 in children, domestic violence, families, local government, news, social services, violence, young offenders by tracey

‘The Local Government and Social Care Ombudsman has accused a council of not doing enough to safeguard a family who made multiple appeals for help to protect their younger children from threats of violence made by their teenage son.’

Full Story

Local Government Lawyer, 4th October 2017

Source: localgovernmentlawyer.co.uk

Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’

Full Story

Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Man who shouted anti-semitic abuse at Jewish worshippers has sentence increased – Crown Prosecution Service

Posted October 5th, 2017 in appeals, hate crime, Judaism, news, religiously aggravated offences, sentencing by tracey

‘A man who shouted antisemitic abuse at Jews on their way to morning prayers has been sentenced to a 12 month community order with 200 unpaid hours of work.’

Full Story

Crown Prosecution Service, 29th September 2017

Source: www.cps.gov.uk

Man sentenced for threatening to blow up G4S vans – Crown Prosecution Service

Posted October 5th, 2017 in blackmail, bomb hoaxing, news, sentencing, threatening to destroy or damage property by tracey

‘A 20-year-old has today (29 September) been sent to a young offenders’ institution for two years for blackmailing his employer by threatening to blow up their vans.’

Full Story

Crown Prosecution Service, 29th September 2017

Source: www.cps.gov.uk

Jealous ex has sentence increased after causing GBH – Attorney General’s Office

Posted October 5th, 2017 in appeals, grievous bodily harm, press releases, sentencing by tracey

‘Graham Gawley has had his prison sentence increased after Solicitor General Robert Buckland QC MP referred it to the Court of Appeal.’

Full press release

Attorney General’s Office, 4th October 2017

Source: www.gov.uk/ago

EVENT: JUSTICE – Human Rights Law Conference 2017

Posted October 5th, 2017 in Forthcoming events by sally

‘One of the highlights of the human rights lawyer’s CPD calendar, the JUSTICE Annual Human Rights Conference offers a key opportunity to update your legal knowledge and gain valuable insight into the human rights issues of the year.’

Date: 13th October 2017, 9.00am-5.00pm

Location: Freshfields Bruckhaus Deringer

Charge: See website for details

More information can be found here.

Britain accused of unlawfully deporting Afghan asylum seekers – The Guardian

Posted October 5th, 2017 in asylum, deportation, illegality, international law, news, reports by tracey

‘Britain and other European countries have been accused of breaching international law, as it emerged that the number of asylum seekers forced to return to Afghanistan has tripled at a time when civilian casualties in the country are at a record high.’

Full Story

The Guardian, 5th October 2017

Source: www.theguardian.com

Court to hear challenge to GCHQ bulk hacking of phones and computers – The Guardian

Posted October 5th, 2017 in appeals, intelligence services, interception, internet, news, telecommunications, warrants by tracey

‘A challenge to GCHQ’s use of non-specific warrants to authorise the bulk hacking of smartphones, computers and networks in the UK is starting at the court of appeal.
The case, brought by the campaign group Privacy International (PI), is the latest twist in a protracted battle about both the legality of bulk surveillance and the primacy of civil courts over an intelligence tribunal that operates partly in secret.’

Full Story

The Guardian, 5th October 2017

Source: www.theguardian.com

Ex-boyfriend of murdered antiques dealer is jailed for forging her will – Daily Telegraph

Posted October 5th, 2017 in forgery, news, non-molestation orders, sentencing, wills by tracey

‘An antiques dealer murdered on her driveway had sought a non-molestation order weeks before her death against her ex-boyfriend who was jailed on Wednesday for faking her will, a court heard.’

Full Story

Daily Telegraph, 4th October 2017

Source: www.telegraph.co.uk

Kevin Nunes murder: Staffordshire Police ‘mishandled’ paid witness – BBC News

Posted October 5th, 2017 in complaints, disciplinary procedures, gangs, murder, negligence, news, police, reports, witnesses by tracey

‘”Significant failures” by Staffordshire Police over a gangland killing led to the unsafe convictions of five men, a police watchdog report has found.’

Full Story

BBC News, 4th October 2017

Source: www.bbc.co.uk