November 2017 – Current Awareness

Recent Statutory Instruments – legislation.gov.uk

Posted November 30th, 2017 in legislation by sally

The Banking Act 2009 (Service Providers to Payment Systems) Order 2017

The Environmental Damage (Prevention and Remediation) (England) (Amendment) Regulations 2017

The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2017

The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2017

The Payment Systems and Services and Electronic Money (Miscellaneous Amendments) Regulations 2017

The Inheritance Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2017

The Tax Avoidance Schemes (Miscellaneous Amendments) Regulations 2017

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No. 2) Order 2017

The Tribunal Procedure (Amendment No. 2) Rules 2017

The Statutory Auditors Regulations 2017

The Scotland Act 2016 (Commencement No. 7) Regulations 2017

The Police Federation (England and Wales) Regulations 2017

The Ionising Radiations Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 30th, 2017 in law reports by tracey

Supreme Court

Tiuta International Ltd (in liquidation) v De Villiers Surveyors Ltd [2017] UKSC 77 (29 November 2017)

Court of Appeal (Civil Division)

Smith v Lancashire Teaching Hospitals NHS Foundation Trust& Ors (Rev 2) [2017] EWCA Civ 1916 (28 November 2017)

PR (Sri Lanka), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1946 (28 November 2017)

Aidiniantz vThe Sherlock Holmes International Society Ltd [2017] EWCA Civ 1875 (28 November 2017)

Peterborough & Stamford Hospitals NHS Trust v McMenemy & Ors [2017] EWCA Civ 1941 (28 November 2017)

Mudibo, R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 1949 (28 November 2017)

Merck KGaA v Merck Sharp & Dohme Corp & Ors [2017] EWCA Civ 1834 (24 November 2017)

Court of Appeal (Criminal Division)

RJ, R v [2017] EWCA Crim 1943 (28 November 2017)

High Court (Administrative Court)

U and U, R (on the application of) v Milton Keynes Council [2017] EWHC 3050 (Admin) (29 November 2017)

Saadawi, R (on the application of) v The Secretary of State for the Home Department [2017] EWHC 3032 (Admin) (29 November 2017)

Save Britain’s Heritage, R (on the application of) v Westminster City Council & Anor [2017] EWHC 3059 (Admin) (29 November 2017)

Baynham v Secretary of State for Communities And Local Government & Anor [2017] EWHC 3049 (Admin) (28 November 2017)

Wright v The Parole Board of England and Wales [2017] EWHC 3007 (Admin) (27 November 2017)

AB v Crown Prosecution Service (CPS) [2017] EWHC 2963 (Admin) (24 November 2017)

Gilfoyle, R (On the Application Of) v Criminal Cases Review Commission (Rev 1) [2017] EWHC 3008 (Admin) (24 November 2017)

R (Director of Public Prosecutions) v Aylesbury Crown Court & Anor [2017] EWHC 2987 (Admin) (24 November 2017)

High Court (Chancery Division)

Glasgow (The Bankruptcy Trustee of Harlequin Property Svg Ltd) v ELS Law Ltd & Ors [2017] EWHC 3004 (Ch) (28 November 2017)

High Court (Commercial Court)

Abdullah & Ors Credit Suisse (UK) Ltd & Anor [2017] EWHC 3016 (Comm) (27 November 2017)

High Court (Family Division)

M (A Child : secure accommodation order) (Rev 1) [2017] EWHC 3021 (Fam) (23 November 2017)

High Court (Patents Court)

Magnesium Elektron Ltd v Neo Chemicals & Oxides (Europe) Ltd & Ors [2017] EWHC 2957 (Pat) (24 November 2017)

High Court (Queen’s Bench Division)

Philp & Anor v Cook [2017] EWHC 3023 (QB) (28 November 2017)

Serafin v Malkiewicz & Ors [2017] EWHC 2992 (QB) (24 November 2017)

Mohammed v The Home Office [2017] EWHC 3051 (QB) (24 November 2017)

Toms v Ruberry [2017] EWHC 2970 (QB) (24 November 2017)Toms v Ruberry [2017] EWHC 2970 (QB) (24 November 2017)

High Court (Technology and Construction Court)

Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC) (29 November 2017)

HSM Offshore BV v Aker Offshore Partner Ltd [2017] EWHC 2979 (TCC) (28 November 2017)

Freeborn & Anor v Marcal (t/a Dan Marcal Architects) [2017] EWHC 3046 (TCC) (28 November 2017)

Source: www.bailii.org

Family of woman facing deportation after 50 years in UK demand apology – The Guardian

Posted November 30th, 2017 in deportation, detention, elderly, immigration, news by tracey

‘The family of a grandmother who was sent to an immigration detention centre and threatened with deportation to Jamaica, a country she left 50 years ago when she was 10, has called on the Home Office to apologise for the treatment she has received. The case of Paulette Wilson, 61, who was detained for a week at Yarl’s Wood immigration detention centre last month, has focused attention on other UK residents, now retired, who have lived in Britain since they were in primary school, who are being pursued by the Home Office. Most had no idea that there was anything wrong with their immigration status.’

The Guardian, 29th November 2017

Source: www.theguardian.com

Serial killer Levi Bellfield gives ‘very detailed confession’ of murdering Lin and Megan Russell in 1996 – The Independent

Posted November 30th, 2017 in Criminal Cases Review Commission, miscarriage of justice, murder, news, recidivists by tracey

‘Lawyers acting for the man convicted of murdering Lin and Megan Russell in Kent in 1996 say they have new evidence of his innocence, including a “very detailed confession” to the killings from serial killer Levi Bellfield.’

The Independent, 29th November 2017

Source: www.independent.co.uk

Prison inspectors given powers to alert minister to urgent problems – The Guardian

Posted November 30th, 2017 in ministers' powers and duties, news, notification, prisons, reports by tracey

‘The justice secretary, David Lidington, has unveiled a series of measures that the government hopes will urgently tackle failing prisons in England and Wales. From Thursday, the chief inspector of prisons has been given new powers to alert the justice secretary directly of any urgent and severe problems he finds during a jail inspection.’

Full press release

The Guardian, 30th November 2017

Source: www.theguardian.com

UK class action accuses Google of unlawfully harvesting personal data – The Guardian

Posted November 30th, 2017 in class actions, data protection, internet, news, privacy, telecommunications by tracey

‘More than 5 million people in the UK could be entitled to compensation from Google if a class action against the internet giant for allegedly harvesting personal data is successful. A group led by the former executive director of consumer body Which?, Richard Lloyd, and advised by City law firm Mischon de Reya claims Google unlawfully collected personal information by bypassing the default privacy settings on the iPhone between June 2011 and February 2012.’

The Guardian, 30th November 2017

Source: www.theguardian.com

Ex-wife of cheating travel boss demands share of his earnings on top of £10m payout – Daily Telegraph

Posted November 30th, 2017 in appeals, delay, divorce, financial provision, news by tracey

‘The ex-wife of a travel boss who had multiple affairs is demanding a share of his future earnings on top of a £10m divorce payout, the court of appeal has heard.’

Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

Uber says 2.7m Brits hit by breach that was covered up – BBC News

Posted November 30th, 2017 in data protection, disclosure, news, privacy by tracey

‘Uber has revealed that 2.7 million British riders and drivers were affected by a 2016 data breach that it covered up for more than a year.’

BBC News, 29th November 2017

Source: www.bbc.co.uk

Poppi Worthington inquest: father refuses to answer 69 questions over 13 month-old’s death – Daily Telegraph

Posted November 30th, 2017 in evidence, families, inquests, media, news, police, witnesses by tracey

‘The father of Poppi Worthington refused to answer 69 questions relating to her death in case it incriminated him as it emerged he is now under witness protection.’

Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

Megan Bannister: Men discovered with dead schoolgirl in car jailed and branded ‘callous and morally repugnant’ by judge – The Independent

Posted November 30th, 2017 in careless driving, drug abuse, drug offences, homicide, news, sentencing by tracey

‘Two men have been jailed for what a judge called the “callous and morally repugnant” roles they played in supplying a schoolgirl with MDMA shortly before her death.’

The Independent, 30th November 2017

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 29th, 2017 in legislation by sally

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2017

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 2) Regulations 2017

The Higher Education and Research Act 2017 (Commencement No. 2) Regulations 2017

The Higher Education and Research Act 2017 (Transitory Provisions) Regulations 2017

The State Pension Debits and Credits (Revaluation) (No. 2) Order 2017

The State Pension Revaluation for Transitional Pensions Order 2017

The Civil Procedure Act 1997 (Amendment) Order 2017

The Road User Charging and Workplace Parking Levy (Classes of Motor Vehicles) (England) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Ombudsman tells council to pay compensation over forcible eviction by landlord – Local Government Lawyer

Posted November 29th, 2017 in compensation, homelessness, landlord & tenant, local government, news, ombudsmen by sally

‘Maidstone Borough Council should pay compensation to a homeless family of £4,170 after it accepted their forcible eviction at short notice from temporary accommodation, the Local Government and Social Care Ombudsman has said.’

Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

Barristers to face ‘spot checks’ under new CPD scheme – Law Society’s Gazette

Posted November 29th, 2017 in barristers, continuing professional development, news by sally

‘Barristers will face ‘spot checks’ on whether they comply with the controversial new continuing professional development rules from next year under proposals outlined by the bar regulator.’

Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Smartphones hampering jury trials, appeal judge warns – Law Society’s Gazette

Posted November 29th, 2017 in internet, judges, juries, jury directions, news, telecommunications by sally

‘Smartphones and social media are causing headaches for judges, a Court of Appeal judge has warned in a speech highlighting current challenges faced in jury trials.’

Law Society's Gazette, 27th November 2017

Source: www.lawgazette.co.uk

Judge hits out at lack of provision of secure accommodation for teenager – Local Government Lawyer

Posted November 29th, 2017 in care orders, mental health, news, young persons by sally

A judge is to protest to ministers for the second time in a year about the lack of secure accommodation for vulnerable young people.

Local Government Lawyer, 29th November 2017

Source: www.localgovernmentlawyer.co.uk

EU’s top court rules workers can claim compensation for untaken holidays – The Guardian

Posted November 29th, 2017 in compensation, EC law, holiday pay, news by sally

‘Workers are entitled to paid leave and can claim compensation if they are not allowed to take their holidays, the EU’s highest court has ruled.’

The Guardian, 29th November 2017

Source: www.theguardian.com

High Court tells parties: Don’t abuse our tougher approach – Law Society’s Gazette

Posted November 29th, 2017 in budgets, delay, news by sally

‘The High Court has sent a message through a new judgment that litigants should not seek advantage from judges’ hardline stance on costs budgeting.’

Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

West Midlands officers ‘failed’ murdered mum and baby – BBC News

Posted November 29th, 2017 in misfeasance in public office, murder, news, police by sally

‘A woman and her baby son were murdered by a man being monitored by police.’

BBC News, 29th November 2017

Source: www.bbc.co.uk

Law Society to challenge government over fee cuts – Law Society’s Gazette

Posted November 29th, 2017 in criminal justice, fees, Law Society, legal aid, news, solicitors by sally

‘The Law Society is taking High Court action against the government’s latest criminal legal aid reforms over concerns that the ‘fragile’ sector will not be able to withstand further cuts.’

Law Society's Gazette, 28th November 2017

Source: www.lawgazette.co.uk

So you think you can manage? – New Law Journal

Posted November 29th, 2017 in barristers, barristers' clerks, news by sally

‘LPMA veterans Christine Kings & Edith Robertson (share a master class in practice management with John van der Luit-Drummond.’

New Law Journal, 24th November 2017

Source: www.newlawjournal.co.uk

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