Sir Brian Leveson asked to advise ministers on second press inquiry – The Guardian

Posted November 24th, 2017 in consultations, government departments, inquiries, media, news by tracey

‘Sir Brian Leveson has been asked to advise ministers on holding the second part of a public inquiry into the British press and is reviewing submissions made by newspapers on future regulation of the sector.’

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The Guardian, 23rd November 2017

Source: www.theguardian.com

Treasury replaces tax return fines with points-type system – The Guardian

Posted November 24th, 2017 in income tax, news, penalties, time limits by tracey

‘The £100 immediate fine for filing a late tax return will be replaced by a driving licence-style points system. The change will come as part of a series of Treasury reforms which aim to concentrate on serious tax avoidance and not punish taxpayers who make simple errors.’

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The Guardian, 24th November 2017

Source: www.theguardian.com

Families buried wrong bodies after NHS mortuary mix-ups, study reveals – The Independent

Posted November 24th, 2017 in burials and cremation, hospitals, human tissue, mistake, news, reports by tracey

‘Families have been given the wrong bodies to bury or cremate due to serious errors in hospital mortuaries, a study has revealed. Analysis of 132 serious mortuary incidents reported by the NHS between 2002 and 2013 found nine cases where the wrong body was released and had to be exhumed after burial or cremation.’

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The Independent, 24th November 2017

Source: www.independent.co.uk

‘Sadistic’ couple jailed for campaign of child abuse – BBC News

Posted November 24th, 2017 in child cruelty, news, sentencing by tracey

‘A couple found guilty of the “physical, mental and emotional abuse” of two boys have been jailed. Lisa Pratt, 36, and Andrew Clent, 30, were both convicted of two counts of child cruelty in Witney between January 2010 and April 2015.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

Man abseiled into woman’s London home, beat her with crowbar, stabbed her and left her for dead – The Independent

Posted November 24th, 2017 in attempted murder, attempts, burglary, murder, news, sentencing by tracey

‘A man abseiled into a woman’s London home, bludgeoned her with a crowbar and stabbed her before leaving her for dead. Fatmir Stafasani, 49, who has been jailed for 18 years for the “careful” and premeditated attack, was caught on CCTV leaving the Fulham flat while still clutching the crowbar.’

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The Independent, 23rd November 2017

Source: www.independent.co.uk

Domestic abuse figures to spike as new law causes reversal of downward trend – Daily Telegraph

Posted November 24th, 2017 in domestic violence, news, statistics by tracey

‘Domestic abuse figures could spike next year, experts have said, as new laws reverse a decade-long downward trend.’

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Daily Telegraph, 23rd November 2017

Source: www.telegraph.co.uk

Man United star seeks £2m for ‘defective’ boots – Daily Telegraph

Posted November 24th, 2017 in damages, news, personal injuries, sport by tracey

‘A Manchester United footballer who is suing New Balance over “defective” boots was told by an executive at the sportswear company that they would “copy” Nike boots for him, it is claimed. Marouane Fellaini, 30, has alleged that his New Balance boots had to be “steamed and stretched” by a United kit man before they would fit. An investment company representing him has sued the American giant and is seeking £2 million damages.’

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Daily Telegraph, 23rd November 2017

Source: www.telegraph.co.uk

Retrial ordered for soldier accused of attempting to kill wife with sabotaged parachute – The Independent

Posted November 24th, 2017 in attempted murder, attempts, bullying, jury directions, murder, news, retrials by tracey

‘An Army sergeant is to face a retrial on charges of attempting to murder his wife by tampering with her parachute after the first jury failed to reach verdicts.’

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The Independent, 23rd November 2017

Source: www.independent.co.uk

The Sun cleared over ‘Muslim Problem’ Trevor Kavanagh article – BBC News

Posted November 24th, 2017 in complaints, Islam, media, news by tracey

‘The UK’s press regulator has dismissed a complaint against the Sun for a column that referred to “the Muslim Problem”. The Independent Press Standards Organisation (IPSO) ruled Trevor Kavanagh’s column was “capable of causing serious offence” but did not breach the Editors’ Code.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

Met police still failing on child protection policies, report finds – The Guardian

Posted November 24th, 2017 in child abuse, London, news, police, reports by tracey

‘The Metropolitan police failed to adequately improve the way they followed child protection policies, despite repeatedly being told they were leaving children in danger, an official report found.’

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The Guardian, 24th November 2017

Source: www.theguardian.com

UK law ‘to recognise animal feelings’ – BBC News

Posted November 24th, 2017 in animal cruelty, animals, bills, brexit, EC law, news by tracey

‘Ministers are considering how to amend UK law to recognise animal sentience after Brexit, Michael Gove says.’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

Regulator calls for better scrutiny of drug testing in family courts – The Guardian

Posted November 24th, 2017 in alcohol abuse, drug abuse, evidence, family courts, forensic science, news by tracey

‘The government’s forensic regulator has called for fresh scrutiny of drug and alcohol testing carried out for the family courts, after a scandal at a Manchester laboratory raised doubts about the quality of evidence used in thousands of child custody proceedings.’

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The Guardian, 24th November 2017

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 23rd, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Patents Court)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Expert Shopping Considered Again – by Fiona Ross – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, expert witnesses, news, personal injuries by sally

‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’

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Park Square Barristers, 22nd November 2017

Source: www.parksquarebarristers.co.uk

The expansion of Vicarious Liability: Armes v Nottinghamshire County Council [2017] UKSC 60 – Park Square Barristers

Posted November 23rd, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’

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Park Square Barristers, 9th November 2017

Source: www.parksquarebarristers.co.uk

Pleadings & Fundamental Dishonesty – By Andrew Wilson – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, costs, fundamental dishonesty, news, pleadings by sally

‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’

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Park Square Barristers, 3rd November 2017

Source: www.parksquarebarristers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 23rd, 2017 in legislation by sally

The Digital Economy Act 2017 (Commencement No. 2) Regulations 2017

The Armed Forces Act 2016 (Commencement No. 1) Regulations 2017

The Non-Domestic Rating (Renewable Energy Projects) (Amendment) Regulations 2017

The Air Navigation (Amendment) Order 2017

The North Korea (United Nations Sanctions) (Amendment) (No. 2) Order 2017

The Marshall Scholarships Order 2017

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017

The Mali (Sanctions) (Overseas Territories) Order 2017

The Cultural Test (Television Programmes) (Amendment) Regulations 2017

The War Pensions Committees (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Duty to hold (or reopen a suspended Inquest) – by Judy Dawson – Park Square Barristers

Posted November 23rd, 2017 in criminal justice, homicide, inquests, news, trials by sally

‘Both the deceased and her daughter were under the care of the Oxford Health NHS Foundation Trust due to mental illness issues. There had been a series of incidences in which the daughter was found to have been violent or threatening to specifically her Mother and also to police officers and other carers which culminated in her being admitted to hospital pursuant to section 2 of the Mental Health Act 1983. She subsequently escaped and was then returned to hospital. A decision was made to move her to an open ward from which she absconded again and went missing, subsequently being discovered to be back at her Mother’s house. Concerns were raised between the hospital and the police about the welfare of her Mother in such circumstances and there appeared to be a dispute about the responsibility of the two authorities to act. After further concerns were raised by other family members about the disappearance of the Mother, police attended at the home and discovered the Mother’s body; her daughter was arrested in connection with her death.’

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Park Square Barristers, 2nd November 2017

Source: www.parksquarebarristers.co.uk

Data breach management: how not to do it – Technology Law Blog

Posted November 23rd, 2017 in computer crime, data protection, disclosure, news by sally

‘The theft of personal data by malicious employees or third parties does not have to be a disaster. With appropriate PR and legal advice, and proactive engagement and input from senior management, an organisation can minimise the negative consequences and may even be able to strengthen client relationships. The key is transparency – you to need to own the breach, and demonstrate a proactive, strong response.’

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Technology Law Blog, 23rd November 2017

Source: www.technology-law-blog.co.uk

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk