Drink driver jailed for killing girl returning from birthday party – Crown Prosecution Service

Posted March 21st, 2018 in alcohol abuse, dangerous driving, press releases, sentencing by tracey

‘A man who drank nine pints of lager and took cocaine before crashing into a group of schoolchildren, killing a 16-year-old girl, has been sentenced to 10 years in prison for causing death by dangerous driving and given a nine year driving ban.’

Full press release

Crown Prosecution Service, 20th March 2018

Source: www.cps.gov.uk

Speech by Lord Justice McFarlane: Contact: a point of view – Courts and Tribunals Judiciary

Posted March 21st, 2018 in adoption, contact orders, speeches by tracey

‘Speech by Lord Justice McFarlane: Contact: a point of view.’

Full speech

Courts and Tribunals Judiciary, 20th March 2018

Source: www.judiciary.gov.uk

Speech by Sir Ernest Ryder, Senior President of Tribunals: Assisting Access to Justice – Courts and Tribunals Judiciary

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Assisting Access to Justice.’

Full speech

Courts and Tribunals Judiciary, 20th March 2018

Source: www.judiciary.gov.uk

Speaking up on bullying judges – The Bar Council

Posted March 21st, 2018 in barristers, bullying, judiciary, press releases by tracey

‘Amid reports of judicial bullying of barristers, Andrew Walker QC, Chair of the Bar, commented: “As the representative body for all barristers in England and Wales, we strongly condemn any bullying or inappropriate treatment of our members by judges, or by any other legal professionals they encounter. We know it can happen, and we have resources available to support barristers on our Wellbeing at the Bar website, and we can give advice and guidance via our confidential helplines.”‘

Full press release

The Bar Council, 20th March 2018

Source: www.barcouncil.org.uk

Grenfell inquiry to have most core participants in UK history – The Guardian

Posted March 21st, 2018 in fire, health & safety, inquiries, news by tracey

‘More than 530 individuals and organisations have been granted core participant status for the Grenfell Tower fire inquiry, which resumes preliminary hearings on Wednesday. The number of accredited parties underlines the breadth of the disaster’s impact and the challenge facing Sir Martin Moore-Bick, the retired appeal court judge chairing the investigation. Three individuals are being allowed to remain anonymous. It is believed to be the largest number accredited to a public inquiry in the UK.’

Full Story

The Guardian, 20th March 2018

Source: www.theguardian.com

Alfie Evans: Supreme Court rejects life support appeal – BBC News

Posted March 21st, 2018 in appeals, children, consent, medical treatment, news, Supreme Court by tracey

‘The parents of terminally ill Alfie Evans have been refused permission to appeal to the Supreme Court over a decision to withdraw his life support.’

Full Story

BBC News, 20th March 2018

Source: www.bbc.co.uk

Photobox ad showing boy sitting on dog cleared after complaints – BBC News

Posted March 21st, 2018 in advertising, complaints, news by tracey

‘Adverts for the photo printing site Photobox have been cleared by a watchdog after it received 212 complaints.’

Full Story

BBC News, 21st March 2018

Source: www.bbc.co.uk

Nurse and midwife misconduct hearings may be held in secret – Daily Telegraph

Posted March 21st, 2018 in disciplinary procedures, midwives, news, nurses, private hearings by tracey

‘Nurses and midwives will rarely be subject to public misconduct hearings and could avoid any sanctions for errors if they admit blunders early, under controversial new plans.
The Nursing and Midwifery Council (NMC) wants to replace “cumbersome and adversarial” fitness to practice processes with a system that could mean most cases being heard behind closed doors.’

Full Story

Daily Telegraph, 20th March 2018

Source: www.telegraph.co.uk

Damning report finds ‘serious failings’ in NHS mental health services – The Guardian

Posted March 21st, 2018 in mental health, news, ombudsmen, psychiatrists, reports by tracey

‘Vulnerable mental health patients are suffering serious harm, and in some cases dying, because of “serious failings” in their treatment, the NHS ombudsman has warned. Mistakes such as failing to diagnose or treat patients properly and discharging them from hospital too soon can have “catastrophic consequences”, said Rob Behrens.’

Full Story

The Guardian, 21st March 2018

Source: www.theguardian.com

Telford pensioner investigated for Nazi war crimes – BBC News

Posted March 21st, 2018 in foreign jurisdictions, news, prosecutions, war crimes by tracey

‘A pensioner has become the first person from the UK to be investigated in Germany for his alleged role in the Holocaust in World War Two.’

Full Story

BBC News, 20th March 2018

Source: www.bbc.co.uk

UK drivers to save £35 after new curbs on whiplash claims – The Guardian

Posted March 21st, 2018 in bills, compensation, insurance, news, personal injuries, road traffic by tracey

‘Car insurance premiums are to fall by £35 a year after the government announced measures to curb the high number of whiplash claims that currently cost UK drivers over £1bn a year. The justice secretary, David Gauke, unveiled plans to introduce the civil liability bill through the House of Lords, which will set out changes to the way that whiplash claims are calculated and paid.’

Full Story

The Guardian, 20th March 2018

Source: www.theguardian.com

Peter Pickering: ‘Beast of Wombwell’ guilty of 1972 rape – BBC News

Posted March 21st, 2018 in diminished responsibility, homicide, news, rape by tracey

‘A convicted child killer dubbed the Beast of Wombwell has been found guilty of raping of a woman just weeks before he raped and killed a schoolgirl.’

Full Story

BBC News, 20th March 2018

Source: www.bbc.co.uk

UK army investigators under fire as bullying trial collapses – The Guardian

Posted March 20th, 2018 in armed forces, bullying, news by sally

‘A judge has criticised military investigators after the collapse of a case against army instructors who were accused of bullying teenage recruits.’

Full Story

The Guardian, 20th March 2018

Source: www.theguardian.com

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Zenith Chambers

Posted March 20th, 2018 in appeals, costs, news, part 36 offers by sally

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

Full Story

Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

BAILII: Recent Decisions

Posted March 20th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Computer Associates UK Ltd v The Software Incubator Ltd [2018] EWCA Civ 518 (19 March 2018)

Ahmed & Ors v Ingram & Anor [2018] EWCA Civ 519 (19 March 2018)

Clin v Walter Lilly & Co Ltd [2018] EWCA Civ 490 (16 March 2018)

Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council & Anor [2018] EWCA Civ 489 (16 March 2018)

High Court (Administrative Court) Decisions

Lewin, R (On the Application Of) v The Financial Reporting Council Ltd & Ors (Costs) [2018] EWHC 554 (Admin) (19 March 2018)

Lewin, R (On the Application Of) v The Financial Reporting Council Ltd & Ors [2018] EWHC 446 (Admin) (19 March 2018)

Source: www.bailii.org

Tax tribunal rules digital newspapers should be subject to VAT – OUT-LAW.com

Posted March 20th, 2018 in internet, media, news, taxation, tribunals, VAT by sally

‘A UK tax tribunal has ruled that digital versions of daily newspapers should be subject to VAT, unlike printed editions containing the same content.’

Full Story

OUT-LAW.com, 19th March 2018

Source: www.out-law.com

Duty of Care Owed by the MoJ to Serving Prisoners Limited to Matters Arising out of their Custody – Zenith Chambers

Posted March 20th, 2018 in duty of care, human rights, Ministry of Justice, news, prisons by sally

‘In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’

Full Story

Zenith Chambers, 2nd March 2018

Source: www.zenithchambers.co.uk

Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434 – 4 New Square

Posted March 20th, 2018 in appeals, arbitration, insurance, news by sally

‘In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y Company (17 July 2000) as to the meaning of a common form of insurance arbitration agreement.’

Full Story

4 New Square, 14th March 2018

Source: www.insurancelaw.london

‘It was heartbreaking’: Family wins tribunal after special needs pupil excluded – The Guardian

Posted March 20th, 2018 in education, news, school exclusions, special educational needs, tribunals by sally

‘Mother tells of academy that seemed to care more about its behaviour policy than her son’s education’

Full Story

The Guardian, 20th March 2018

Source: www.theguardian.com

Judge disapplies QOCS for part of solicitor’s failed claim over quality of Oxford teaching – Litigation Futures

Posted March 20th, 2018 in costs, news, personal injuries, solicitors, universities by sally

‘A High Court judge has disapplied qualified one-way costs shifting (QOCS) for part of a failed claim by a solicitor that Oxford University was to blame for a worse-than-expected degree that he said has affected his career to date.’

Full Story

Litigation Futures, 20th March 2018

Source: www.litigationfutures.com