23/10/2017 – Current Awareness

EVENT: SOAS – Inception Lecture 2017: Boiling the Frog: The Erosion of Human Rights in Malaysia

Posted October 23rd, 2017 in Forthcoming events by sally

‘Dr Azmi Sharom is an Associate Professor at the Faculty of Law, University of Malaya where he has taught for 27 years. He currently lectures Human Rights Law, International Environmental Law and Conflict of Laws and is Head of the Faculty of Law’s Human Rights Research Group. He is also currently President of the Academic Staff Union of University Malaya.’

Date: 31st October 2017, 5.30-7.00pm

Location: Brunei Gallery Lecture Theatre

Charge: Free, registration required

More information can be found here.

Birmingham pub bombings: Families to challenge inquest ruling – BBC News

Posted October 23rd, 2017 in appeals, explosives, families, inquests, news, victims by sally

‘Families of victims of the Birmingham pub bombings have been granted permission to challenge a coroner who ruled out naming alleged suspects during inquests into the tragedy.’

BBC News, 20th October 2017

Source: www.bbc.co.uk

MoJ “keen” on Jackson fixed costs reforms but they will generate “cottage industry”, says leading QC – Litigation Futures

Posted October 23rd, 2017 in barristers, costs, legal profession, legal services, news by sally

‘The Ministry of Justice is keen on taking forward Lord Justice Jackson’s plans to extend the use of fixed costs, according to a leading QC.’

Litigation Futures, 20th October 2017

Source: www.litigationfutures.com

Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com

Posted October 23rd, 2017 in appeals, child abuse, duty of care, fostering, local government, news, social services, Supreme Court, vicarious liability by sally

‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Ministry of Justice begins process of refunding £33m in employment tribunal fees – Litigation Futures

Posted October 23rd, 2017 in employment tribunals, fees, Ministry of Justice, news, repayment by sally

‘The government expects to refund £33m to employment tribunal claimants after the Supreme Court ruled tribunal fees unlawful.’

Litigation Futures, 20th October 2017

Source: www.litigationfutures.com

Bad advice, limitation and tax avoidance – Hardwicke Chambers

Posted October 23rd, 2017 in limitations, negligence, news, tax avoidance by sally

‘When does the claimant’s cause of action accrue in a professional negligence case? In particular, at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under section 2 of the Limitation Act 1980, and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Limited [2017] EWHC 1079 (QB) serves as a useful reminder of the difficulties that can arise in this area.’

Hardwicke Chambers, 17th October 2017

Source: www.hardwicke.co.uk

Green Space Borough-Wide Preventative Injunctions: The Next Stage – Hardwicke Chambers

Posted October 23rd, 2017 in commons, injunctions, news, planning, travellers, waste by sally

‘In his previous article of 26th July 2017 Steven discussed the potential benefits of obtaining borough-wide Injunctions preventing anyone entering green spaces with vehicles, (most commonly mobile homes and caravans) and then fly-tipping industrial scale waste. This article deals with the fact that it is becoming increasingly clear that, where one local authority obtains protection in the form of a borough-wide injunction to prevent incursions onto its green spaces, a neighbouring borough becomes vulnerable to an increase in incursions.’

Hardwicke Chambers, 19th October 2017

Source: www.hardwicke.co.uk

Construction: Adjudication – unilateral withdrawal – Law Society’s Gazette

Posted October 23rd, 2017 in arbitration, construction industry, dispute resolution, news by sally

‘Introduced by the Housing Grants Construction and Regeneration Act 1996, the statutory adjudication scheme is a well-established dispute resolution mechanism within the UK construction industry. The scheme is often referred to as a ‘pay now, argue later’ mechanism which seeks to maintain cashflow during construction projects by providing a cost-effective and swift means of determining disputes. Although an adjudication award is binding, it is not final. However, in practice an adjudication award is often the final resolution of a dispute.’

Law Society's Gazette, 23rd October 2017

Source: www.lawgazette.co.uk

Government floats referral fee ban and acting for both sides in bid to improve home-buying process – Legal Futures

Posted October 23rd, 2017 in consultations, conveyancing, estate agents, fees, news, sale of land, solicitors by sally

‘A ban on estate agents charging solicitors referral fees along with loosening the restriction on conveyancers acting for both seller and buyer were suggested by the government yesterday as possible reforms to improve the home-buying process.’

Legal Futures, 23rd October 2017

Source: www.legalfutures.co.uk

New Electronic Communications Code set to take effect in December, says government – OUT-LAW.com

Posted October 23rd, 2017 in codes of practice, news, planning, regulations, telecommunications by sally

‘New rules regarding the rights and obligations that arise in relation to the deployment and maintenance of mobile phone masts and other telecoms infrastructure are “expected to take effect in December”, according to the UK government.’

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Paedophile who had 3,000 abuse images jailed for two years – The Guardian

Posted October 23rd, 2017 in indecent photographs of children, news, sentencing by sally

‘A man who shared sexual abuse images of children as young as eight months has been jailed for two years.’

The Guardian, 20th October 2017

Source: www.theguardian.com

Websites allowing illegal activity ‘complicit in crime’ – BBC News

Posted October 23rd, 2017 in crime, drug offences, firearms, identity fraud, internet, money laundering, news, passports, prostitution, sale of goods by sally

‘Websites that do not prevent the sale of illegal goods are complicit in cyber-crime, a crime chief has said.’

BBC News, 23rd October 2017

Source: www.bbc.co.uk

Lucy Eastwood – “A law on the move: Are Local Authorities vicariously liable for abuse committed by foster parents against children in their care?” – UK Human Rights Blog

Posted October 23rd, 2017 in child abuse, duty of care, fostering, human rights, local government, news, social services, vicarious liability by sally

‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’

UK Human Rights Blog, 23rd October 2017

Source: ukhumanrightsblog.com

Family court data links adverse family experiences with proven youth offending – Family Law

Posted October 23rd, 2017 in children, family courts, news, recidivists, young offenders, young persons by sally

‘Children in contact with the public law system are more likely to offend and commit multiple offences between the ages of 10 and 17 than those of the equivalent age group in the general population, according to an analytical summary published by the Ministry of Justice this week.’

Family Law, 20th October 2017

Source: www.familylaw.co.uk

GDPR: scope of rules on profiling not confined to solely automated processing, data watchdog says – OUT-LAW.com

Posted October 23rd, 2017 in data protection, EC law, news, regulations by sally

‘Laws that place restrictions on the ‘profiling’ of individuals do not just apply to data processing completed entirely automatically, EU data protection authorities have said.’

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Ex-Lancashire Police officer Jayson Lobo jailed for voyeurism – BBC News

Posted October 23rd, 2017 in misfeasance in public office, news, police, sentencing, voyeurism by sally

‘An ex-police officer who secretly filmed sexual encounters with seven women on his mobile phone has been jailed for three years.’

BBC News, 20th October 2017

Source: www.bbc.co.uk

Videolinks in court trials undermine justice system, says report – The Guardian

Posted October 23rd, 2017 in courts, criminal justice, internet, news, reports, video recordings by sally

‘Video-conferencing threatens defendants’ rights and undermines trust in the justice system, according to a report on the government’s drive towards so-called “trial by Skype”.’

The Guardian, 23rd October 2017

Source: www.theguardian.com

Valuing pension rights on divorce – Family Law

Posted October 23rd, 2017 in divorce, financial provision, news, pensions by sally

‘Pension rights in divorce or dissolution settlements can often amount to the largest asset after the equity in the family home. Professional advisers therefore need to pay close attention to this aspect of the ‘family estate’. This article discusses valuation issues in order to provide a basis for a negotiated settlement which reflects the capital value in present-day terms of the pension rights of one or both parties and identifies areas in which solicitors may need help from forensic accountants.’

Family Law, 20th October 2017

Source: www.familylaw.co.uk

Child gambling: remove ‘unacceptable’ online ads, regulators demand – The Guardian

Posted October 23rd, 2017 in advertising, children, gambling, internet, news by sally

‘Regulators have launched a crackdown on child gambling by demanding online gambling sites remove “unacceptable” adverts featuring cartoon characters likely to appeal to children.’

The Guardian, 22nd October 2017

Source: www.theguardian.com

Chudley v Clydesdale: identifying the body – Hardwicke Chambers

Posted October 23rd, 2017 in banking, contracts, fraud, news, third parties by sally

‘A recent Commercial Court case, Chudley v Clydesdale Bank plc has provided a rare comment on the application of the Contract (Rights of Third Parties) Act 1999 (the 1999 Act) and, in particular, on how you decide whether the contract adequately identifies the third party so as to allow them to enforce the contract.’

Hardwicke Chambers, 20th October 2017

Source: www.hardwicke.co.uk

Categories

Archives