Day: 9 May 2018
Compensation for injury to feelings is not taxable, says Court of Appeal – OUT-LAW.com
‘A termination payment made to an employee for “injury to feelings” following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.’
OUT-LAW.com, 4th May 2018
Source: www.out-law.com
Pair were shadow directors but didn’t breach duties, says court – OUT-LAW.com
‘Two men were found to be shadow directors of an insolvent property development company and so did owe the company fiduciary duties but their behaviour did not breach those duties, the High Court has ruled.’
OUT-LAW.com, 8th May 2018
Source: www.out-law.com
Privacy Rights: How should a court remedy legislative incompatibility with EU law? – UK Human Rights Blog
‘R (The National Council for Civil Liberties (Liberty)) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018). In the first phase of Liberty’s landmark challenge to the Investigatory Powers Act 2016 (“IPA”), Singh LJ and Holgate J sitting as a Divisional Court have granted a declaration that in the area of criminal justice, Part 4 of the Investigatory Powers Act 2016 is, in part, incompatible with EU law. Other parts of Liberty’s challenge to the IPA will be considered at a later date.’
UK Human Rights Blog, 8th May 2018
Source: ukhumanrightsblog.com
New guidelines proposed for sentencing people convicted of public order offences – Sentencing Council
‘Today, the Sentencing Council has published proposed new guidelines covering public order offences sentenced in England and Wales. In simple terms, these offences involve the use of or threat of violence by individuals or groups of people towards others usually in a public place. They span a wide range of offending from low-level disorderly behaviour, which comprise some of the highest volume offences seen by courts, to larger scale disorder such as football violence and up to major riots.’
Sentencing Council, 9th May 2018
HMCTS response to National Audit Office report on court reform programme – Ministry of Justice
‘HMCTS response from CEO Susan Acland-Hood to National Audit Office report on court reform programme.’
Ministry of Justice, 9th May 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
Courts revolution may be ‘undeliverable’, spending watchdog warns – Law Society’s Gazette
‘Spending watchdogs have warned courts chiefs of a real danger that they will fail to complete their digital courts revolution in time and on budget. In a comprehensive progress report published today, the National Audit Office says HM Courts & Tribunals Services faces a “daunting challenge” in meeting target for technological and cultural change.’
Law Society's Gazette, 9th May 2018
Source: www.lawgazette.co.uk
Decision to register playing fields as village green unlawful: judge – Local Government Lawyer
‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’
Local Government Lawyer, 4th May 2018
Source: www.localgovernmentlawyer.co.uk
Security guard did not have authority to accept informations: Admin Court – Local Government Lawyer
‘A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.’
Local Government Lawyer, 8th May 2018
Source: www.localgovernmentlawyer.co.uk
Drug dealer has confiscation order increased nine years after conviction – Crown Prosecution Service
‘A drug dealer has had his confiscation order increased by £1.8million almost a decade after his original conviction following an application by the Crown Prosecution Service.’
Crown Prosecution Service, 4th May 2018
Source: www.cps.gov.uk
Brothers jailed for £16.7million fraud in father’s financial advisory business – Crown Prosecution Service
‘Two brothers who invested up to £16.7million on behalf of more than 200 elderly and vulnerable clients, resulting in losses of more than £5million, have been jailed today.’
Crown Prosecution Service, 3rd May 2018
Source: www.cps.gov.uk
Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future of Law – Courts and Tribunals Judiciary
‘In this lecture, the Chancellor will speak about his vision for the future of lawyers, courts and judges in the coming decades. He will mainly address the business lawyers’ environment, but will touch also on criminal, family and administrative matters. His thesis is that Fintech, Legaltech and Regtech will revolutionise the way we educate, train, and utilise legal expertise, and that whilst some of the changes may be slower than people expect, many will be much faster.’
Courts and Tribunals Judiciary, 9th May 2018
Source: www.judiciary.gov.uk
Civil Liability Bill: Whiplash damages and definition revealed – Law Society’s Gazette
‘Legislators have outlined the tariffs that are likely to apply to whiplash injuries if a bill for fixed figures is passed. In a draft order of the Civil Liability Bill laid before parliament today, the total damages for pain, suffering and loss of amenity payable for injuries lasting less than three months is restricted to £225. That figure rises to £450 for injuries up to six months, and to £765 where the injuries last nine months.’
Law Society's Gazette, 8th May 2018
Source: www.lawgazette.co.uk
JY v RY: An Indictment of the Impact of Legal Aid Cuts – Family Law Week
‘Matthew Richardson, barrister, Coram Chambers explains why a case, described by the judge as “the most unsatisfactory” he has heard and in which ‘had one or both of these parents been represented … probably the outcome would have been very different’, serves as an alarming lesson in just how far our justice system has fallen.’
Family Law Week, 4th May 2018
Source: www.familylawweek.co.uk
Kent and Medway NHS Trust rapped over mental health care – BBC News
‘A health trust which apologised for its treatment of a suicidal woman has been ordered to take action to protect patients it says are still at risk.’
BBC News, 9th May 2018
Source: www.bbc.co.uk
Care homes firm Sunrise to refund ‘up-front fees’ to residents – BBC News
‘Care homes operator Sunrise Senior Living will pay more than £2m in compensation to residents after charging them thousands of pounds in compulsory “up-front fees”. The Competition and Markets Authority (CMA) secured the deal for most people who had paid since 1 October 2015.’
BBC News, 9th May 2018
Source: www.bbc.co.uk
Nine police officers under investigation over death of mentally ill man restrained in custody – The Independent
‘Nine police officers are being investigated over the death of a man who was taken to hospital after being restrained by police.’
The Independent, 9th May 2018
Source: www.independent.co.uk
Scotland Yard suspends forensic scientist amid fears 21 rape cases could be compromised – Daily Telegraph
‘More than 30 criminal investigations – including 21 rape and sex assault cases – are being urgently reviewed after Scotland Yard admitted one of its forensic scientists could have botched vital examinations.’
Daily Telegraph, 8th May 2018
Source: www.telegraph.co.uk
Cecil Parkinson’s disabled child in ‘financial hardship’ – BBC News
‘The disabled daughter of the late Conservative Party chairman Cecil Parkinson is living in “serious financial hardship”, a court has heard.
The latest hearing was to determine if Sara Keays could make legal decisions on behalf of her 34-year-old daughter.’
BBC News, 8th May 2018
Source: www.bbc.co.uk