‘After the event (ATE) litigation costs insurance which can be voided is not adequate security for costs, the Court of Appeal has ruled.’
OUT-LAW.com, 27th November 2017
Source: www.out-law.com
‘Theresa May has announced a statutory inquiry into how contaminated blood transfusions infected thousands of people with hepatitis C and HIV. Rosalind English talks to Jim Duffy about how it will differ from earlier investigations.’
Law Pod UK, 27th November 2017
Source: audioboom.com
‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’
UK Constitutional Law Association, 27th November 2017
Source: ukconstitutionallaw.org
‘A Dorset man has been imprisoned for four months for contempt of court after he failed to comply with a number of injunction orders over his unauthorised use of land.’
Local Government Lawyer, 27th November 2017
Source: www.localgovernmentlawyer.co.uk
‘Where the police are unsuccessful in a closure order application there is no presumption that there be no order compensating the Respondent for financial loss. Unlike when considering the position on costs, the court’s focus on an application for compensation should be on the respondent’s behaviour, not that of the police, so held the Administrative Court in R (Qin) v Commissioner of Police of the Metropolis [2017] EWHC 2750 (Admin).’
UK Police Law Blog, 27th November 2017
Source: ukpolicelawblog.com
‘The head of a Bradford law firm has been struck off after being convicted of conspiracy to defraud the Legal Aid Agency (LAA) and also failing to supervise an unpaid junior member of staff who is suspected of producing fraudulent decree absolutes – and whose surname nobody at the firm can remember.’
Legal Futures, 28th November 2017
Source: www.legalfutures.co.uk
‘In 1947 the United Nations was in the process of drafting what became the Universal Declaration of Human Rights in 1948, and the Institute of Advanced Legal Studies was founded. Getting agreement on what those rights would be was not easy. For example, on 6 December 1947, 70 years before this lecture, the Working Group on the Declaration considered whether the right to life began at conception. On 11 June 1948, when IALS opened in its first building at 25 Russell Square, the Commission on Human Rights rejected a French proposal that human rights should include intellectual property (which re-emerged later) and postponed discussion on a right to social security. There was nothing at all about discrimination and sexual orientation.’
Date: 6th December 2017, 5.30-7.30pm
Location: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR
Charge: Free, booking required
More information can be found here.
‘Professional advisers need to tread very carefully when a client wants to pursue an aggressive strategy to frustrate a spouse’s financial claims during divorce proceedings. Aggressive asset protection might well achieve a client’s financial objectives – at least in the short term. But the consequential reputational damage caused to the client, his or her advisers and their firms can be severe – and lasting.’
Family Law, 28th November 2017
Source: www.familylaw.co.uk
‘Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and EU will not be able to finalize the necessary Brexit agreements in time. Effectively, there is less than a year left, and we have not even moved beyond the Brexit bill. As an extension of the two-year term seems politically impossible in the UK, we seem left with one unlikely and one disastrous possible outcome.’
UK Constitutional Law Association, 24th November 2017
Source: ukconstitutionallaw.org
‘With ongoing public inquiries into tainted blood and historic child sexual abuse, Matt Hill and Gideon Barth discuss the effectiveness of judge led inquiries with Rosalind English.’
Law Pod UK, 27th November 2017
Source: audioboom.com
‘The family of a young soldier who died at the Deepcut army barracks 16 years ago have won a High Court action for a fresh inquest.’
BBC News, 28th November 2017
Source: www.bbc.co.uk
‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’
Employment Blog, 27th November 2017
Source: employment11kbw.com
‘A woman has won her legal battle for better rights for unmarried people who lose their long-term partners.’
BBC Mews, 28th November 2017
Source: www.bbc.co.uk
‘The Children and Family Court Advisory and Support Service (Cafcass) is running a pilot scheme to bring an end to separated parents poisoning their child against the other parent. Parents who are guilty of manipulating their child in this way may have their child taken away from them and, in the most extreme cases, they may be denied contact.’
Family Law, 27th November 2017
Source: www.familylaw.co.uk
‘Keir Starmer, the shadow cabinet member and former chief prosecutor, has called for mandatory funding for refuges amid criticism over a shake-up of funding for women’s services.’
The Guardian, 27th November 2017
Source: www.theguardian.com
‘The recent Supreme Court ruling that changed the test of dishonesty could cause delays and more hearings at the Solicitors Disciplinary Tribunal (SDT), its chief executive has warned.’
Legal Futures, 27th November 2017
Source: www.legalfutures.co.uk
‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’
UK Human Rights Blog, 28th November 2017
Source: ukhumanrightsblog.com
‘Specialist prosecutors should review all decisions to charge suspects with mental health vulnerabilities and the defence of insanity should be amended, a law reform charity has said.’
The Guardian, 27th November 2017
Source: www.theguardian.com
‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’
UK Human Rights Blog, November 2017
Source: ukhumanrightsblog.com
‘Coroners should be granted powers to investigate stillbirths, in bid to prevent the number of “heartbreaking” blunders in childbirth, Jeremy Hunt will say today.’
Daily Telegraph, 27th November 2017
Source: www.telegraph.co.uk
© Inner Temple Library 2024