Day: 12 February 2018
I can serve this only once – gas safety certificates – Nearly Legal
‘Caridon Property Ltd v Monty Shooltz. Central London County Court. 2 February 2018 (from note of judgment). This was an appeal to a circuit judge of a first instance decision of District Judge Bloom (who is an experienced housing lawyer). The circuit judge was HHJ Jan Luba QC (a very experienced housing lawyer).’
Nearly Legal, 11th February 2018
Source: nearlylegal.co.uk
Breaching licensing and proceeds of crime – Nearly Legal
‘Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow). The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions.’
Nearly Legal, 11th Febraury 2018
Source: nearlylegal.co.uk
The Landmark Legal Challenge to Universal Credit System Explained – Rightsinfo
‘A controversial new social security benefit, currently being rolled out across the UK, is facing a major legal challenge. But what’s the challenge all about and what impact might it have?’
Rightsinfo, 8th February 2018
Source: rightsinfo.org
It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog
‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’
UK Human Rights Blog, 12th February 2018
Source: ukhumanrightsblog.com
When to adjourn a misconduct hearing – UK Police Law Blog
‘When must a police misconduct hearing adjourn the proceedings for the attendance of the respondent officer or even a witness?’
UK Police Law Blog, 9th February 2018
Source: ukpolicelawblog.com
Recent Statutory Instruments – legislation.gov.uk
The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2018
The Pharmacy (Preparation and Dispensing Errors – Registered Pharmacies) Order 2018
The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018
The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2018
The School Teachers (Recognition of Professional Qualifications) (Amendment) Regulations 2018
The Export Control (Amendment) Order 2018
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
North & Anor v Wilkinson & Ors [2018] EWCA Civ 161 (09 February 2018)
Shepherd v Collect Investments Ltd [2018] EWCA Civ 162 (09 February 2018)
Solanki v Intercity Telecom Ltd [2018] EWCA Civ 101 (09 February 2018)
High Court (Administrative Court)
Yussouf v The Solicitors Regulation Authority [2018] EWHC 211 (Admin) (09 February 2018)
LMN v Government of Turkey [2018] EWHC 210 (Admin) (09 February 2018)
CP v North East Lincolnshire Council [2018] EWHC 220 (Admin) (09 February 2018)
High Court (Chancery Division)
Leven Holdings Ltd v Johnston & Ors [2018] EWHC 223 (Ch) (09 February 2018)
Khoury & Anor v Kensell [2018] EWHC 217 (Ch) (09 February 2018)
High Court (Commercial Court)
Progas Energy Ltd & Ors v The Islamic Republic of Pakistan [2018] EWHC 209 (Comm) (09 February 2018)
High Court (Queen’s Bench Division)
Ho v Bragg [2018] EWHC 214 (QB) (08 February 2018)
Source: www.bailii.org
Pre-trial 90% part 36 offer was “genuine attempt” to settle – Litigation Futures
‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’
Litigation Futures, 12th February 2018
Source: www.litigationfutures.com
Mutual wills: a warning – Family Law
‘In the case of Legg and others v Burton and others [2017] EWHC 2088 (Ch) the claimants, children of Mrs Clark, successfully established a constructive trust under the doctrine of mutual wills. This had the effect of making invalid the 13 subsequent wills the deceased made between 2004 and 2014, after her husband died. It was held by His Honour Judge Matthews in the Chancery Division of the Bristol District Registry that the wills Mrs Clark made with her husband in mirror terms in 2000 were mutual wills and as such there was a binding agreement with her husband, which she could not go back on after his death.’
Family Law, 9th February 2018
Source: www.familylaw.co.uk
Man sentenced for raping teenage girl in Rotherham during early 2000s – Crown Prosecution Service
‘A man who raped a teenager on two occasions in the early 2000s has been convicted today (9 February) in one of a series of trials connected to allegations of child sexual abuse in Rotherham. He was sentenced to nine years in prison.’
Crown Prosecution Service, 9th February 2018
Source: www.cps.gov.uk
The challenge of expert evidence – Counsel
‘Avoid the pitfalls of probabilistic reasoning and examine expert evidence with more confidence: Colin McCaul QC introduces new guidance from the Inns of Court College of Advocacy and the Royal Statistical Society.’
Counsel, February 2018
Source: www.counselmagazine.co.uk
Nazi obsessive who threatened to bomb mosques after Manchester attack jailed – The Independent
‘A Nazi-sympathiser who threatened to petrol bomb mosques after the Manchester Arena attack and who had an array of medieval weapons at his home has been jailed for eight years.’
The Independent, 10th February 2018
Source: www.independent.co.uk
Church of England ‘faces two years of abuse revelations’ – BBC News
‘The Church of England faces two years of revelations about sexual abuse and cover-ups, a bishop has said. The Church will be the focus of hearings at the Independent Inquiry into Child Sexual Abuse next month.’
BBC News, 10th February 2018
Source: www.bbc.co.uk
Police wrongly pursued retired fire chief rather than investigate blackmail claim against fantasist who accused him of rape – Daily Telegraph
‘Police wrongly pursued a rape case against a retired fire chief rather than investigate a blackmail claim against the fantasist who made the allegation, the Telegraph can disclose. David Bryant, 67, spent almost three years in jail after being convicted of rape in a miscarriage of justice that further plunges into crisis the police handling of sex abuse cases. Mr Bryant’s conviction was overturned in the Court of Appeal and now a High Court judge has raised serious questions over a police force’s failure to investigate his accuser.’
Daily Telegraph, 10th February 2018
Source: www.telegraph.co.uk
Calls grow for Isis ‘Beatles’ to face UK trial – The Guardian
‘Calls are mounting for the two British fighters captured in Syria to be sent back to the UK to face trial, with a former counter-terrorism regulator describing it as the “proper forum” for justice.’
The Guardian, 11th February 2018
Source: www.theguardian.com
Barclays Bank charged by Serious Fraud Office over Qatar loan – The Independent
‘The UK’s fraud watchdog has charged Barclays Bank over making a loan to Qatar back in 2008.’
The Independent, 12th February 2018
Source: www.independent.co.uk
Police outsource digital forensic work to unaccredited labs – The Guardian
‘More than a dozen police forces have outsourced digital forensic investigative work to unaccredited private laboratories in the past year, at a time when a series of rape cases have been abandoned because of problems with digital evidence.’
The Guardian, 12th February 2018
Source: www.theguardian.com
Planning policy consultation to finally begin a year after Government housing paper was published – Daily Telegraph
‘Changes to England’s planning policy could finally come into effect this summer, more than a year after initial legislation was published, as housebuilders pin difficulties getting more homes built on the complicated system.’
Daily Telegraph, 12th February 2018
Source: www.telegraph.co.uk
