Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by tracey

‘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.’

Full Story

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

Posted May 9th, 2018 in informations, news, service by tracey

‘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.’

Full Story

Local Government Lawyer, 8th May 2018

Source: www.localgovernmentlawyer.co.uk

Government defeats bid to annul legal aid reform as MPs call for more support for criminal Bar – Legal Futures

Posted May 9th, 2018 in barristers, criminal justice, diversity, fees, legal aid, news by tracey

‘The government yesterday defeated a Labour attempt to annul the legislation changing the scheme through which criminal defence advocates are paid for carrying out publicly funded work in the Crown Court, which has led to over 100 chambers declining instructions.’

Full Story

Legal Futures, 9th May 2018

Source: www.legalfutures.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.’

Full press release

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

Posted May 9th, 2018 in guilty pleas, press releases by tracey

‘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.’

Full press release

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.’

Full speech

Courts and Tribunals Judiciary, 9th May 2018

Source: www.judiciary.gov.uk

Civil Liability Bill: Whiplash damages and definition revealed – Law Society’s Gazette

Posted May 9th, 2018 in bills, damages, news, personal injuries, road traffic, select committees by tracey

‘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.’

Full Story

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.’

Full Story

Family Law Week, 4th May 2018

Source: www.familylawweek.co.uk

Kent and Medway NHS Trust rapped over mental health care – BBC News

Posted May 9th, 2018 in hospitals, mental health, news, reports, suicide by tracey

‘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.’

Full Story

BBC News, 9th May 2018

Source: www.bbc.co.uk

Care homes firm Sunrise to refund ‘up-front fees’ to residents – BBC News

Posted May 9th, 2018 in care homes, compensation, fees, news by tracey

‘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.’

Full Story

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

Posted May 9th, 2018 in death in custody, mental health, news, police, restraint by tracey

‘Nine police officers are being investigated over the death of a man who was taken to hospital after being restrained by police.’

Full Story

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

Posted May 9th, 2018 in forensic science, news, police by tracey

‘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.’

Full Story

Daily Telegraph, 8th May 2018

Source: www.telegraph.co.uk

Cecil Parkinson’s disabled child in ‘financial hardship’ – BBC News

Posted May 9th, 2018 in disabled persons, litigation friends, news, wills by tracey

‘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.’

Full Story

BBC News, 8th May 2018

Source: www.bbc.co.uk

Metropolitan Police’s ‘racially discriminatory’ gangs database failing to tackle violence, report finds – The Independent

‘Scotland Yard is listing thousands of children and young men on a “racially discriminatory” database that is failing to tackle rising violence in London, a new report has found.’

Full Story

The Independent, 9th May 2018

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 8th, 2018 in legislation by tracey

The Neighbourhood Planning Act 2017 (Commencement No. 5) Regulations 2018

The Legislative Reform (Constitution of the Council of the Royal College of Veterinary Surgeons) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 8th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2018] EWCA Civ 991 (04 May 2018)

Payne & Anor v Payne [2018] EWCA Civ 985 (04 May 2018)

Sumner v Colborne & Ors [2018] EWCA Civ 1006 (04 May 2018)

Court of Appeal (Criminal Division)

Darroux v The Crown [2018] EWCA Crim 1009 (04 May 2018)

Hobbs & Anor v R (Rev 1) [2018] EWCA Crim 1003 (03 May 2018)

High Court (Administrative Court)

Lauzika, R (On The Application Of) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) (04 May 2018)

Begum & Anor v Luton Borough Council [2018] EWHC 1044 (Admin) (04 May 2018)

The Government of India v Chawla [2018] EWHC 1050 (Admin) (04 May 2018)

Din, R (On the Application of) v Secretary of State for the Home Department [2018] EWHC 1046 (Admin) (04 May 2018)

Generics (UK) Ltd (t/a Mylan), R (On the Application Of) v Secretary Of State For Health (acting as The Licensing Authority) [2018] EWHC 1051 (Admin) (04 May 2018)

High Court (Chancery Division)

Ropemaker Properties Ltd & Anor v Bella Italia Restaurants Ltd & Anor [2018] EWHC 1002 (Ch) (02 May 2018)

High Court (Queen’s Bench Division)

Rosalina Investments Ltd & Anor v New Balance Athletic Shoes (UK) Ltd [2018] EWHC 1014 (QB) (04 May 2018)

Source: www.bailii.org

Barristers in England and Wales ‘in grip of mental health crisis’ – The Guardian

‘Criminal barristers are in the grip of a mental health crisis caused by significant increases in the amount of digital evidence, the number of historical sexual assault cases and long hours, the body that represents them has said.’

Full Story

The Guardian, 6th May 2018

Source: www.theguardian.com

Father who blamed his son for murder he committed jailed for at least 26 years – Daily Telegraph

‘A man who pressured his 14-year-old son to take the blame for a murder he committed has been jailed for at least 26 years.’

Full Story

Daily Telegraph, 8th May 2018

Source: www.telegraph.co.uk

Vivian Teed: 60 years since last man hanged in Wales – BBC News

Posted May 8th, 2018 in death penalty, news, Wales by sally

‘On the night of Friday 15 November 1957, 24-year-old Vivian Teed broke into the sub-post office in Fforestfach, Swansea.’

Full Story

BBC News, 6th May 2018

Source: www.bbc.co.uk

Bitcoins and hiding wealth in divorce – Family Law

Posted May 8th, 2018 in cryptocurrencies, divorce, financial provision, internet, news by sally

‘Divorce ends the marriage but does nothing to end the financial arrangements between the parties. If the parties cannot agree these, and as part of court proceedings to determine who gets what, the parties have to provide full and frank disclosure to the other of their entire financial means. This procedure allows the parties to be open and transparent about the extent of the assets in the marriage. There could be a situation arising whereby a party seeks to hide their wealth but evidence provided with disclosure such as bank statements in paper form provides a paper trail and this makes for the hiding of cash movements very difficult. But what if that party holds Bitcoins or other crypto-currencies?’

Full Story

Family Law, 4th May 2018

Source: www.familylaw.co.uk