Recent Statutory Instruments – legislation.gov.uk

Posted July 11th, 2018 in legislation by tracey

The Cableway Installations Regulations 2018

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2018

The Designation of Schools Having a Religious Character (England) Order 2018

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, E, F, and H) Order 2018

The Trade Marks Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 11th, 2018 in law reports by tracey

Supreme Court

Lane & Anor, R v [2018] UKSC 36 (11 July 2018)

Revenue and Customs v Taylor Clark Leisure Plc [2018] UKSC 35 (11 July 2018)

Source: www.bailii.org

Churchyard memorials which cause affront and offence – Law and Religion UK

Posted July 11th, 2018 in Church of England, families, monuments, news by tracey

‘Although it is always open for a person who wishes to introduce a memorial, or to modify an existing one, to submit a petition to the consistory court, in Re Holy Trinity Drayton Parslow [2018] ECC Oxf 3* permission was refused inter alia as it was deemed that the proposed alteration would be an affront and offence to the parishioners.’

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Law and Religion UK, 11th July 2018

Source: www.lawandreligionuk.com

Late and late again – intentional homelessness and benefit claims – Nearly Legal

Posted July 11th, 2018 in adjournment, delay, homelessness, local government, news by tracey

‘Oduneye v Brent London Borough Council (2018) EWCA Civ 1595. This was a second appeal from a s.204 appeal on Brent’s decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to seek legal representation but this was a fortnight before the hearing and refused on the basis that she had known of the appeal hearing since permission on 21 October 2017.’

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Nearly Legal, 10th July 2018

Source: nearlylegal.co.uk

Appeals on a point of law in arbitration and adjudication – Practical Law: Construction Blog

Posted July 11th, 2018 in construction industry, dispute resolution, news by tracey

‘One of the recurring themes on this blog is looking at what happens in arbitration and drawing parallels with what happens in adjudication. It is something that really interests me as I act as both adjudicator and arbitrator. This week is no different and I am looking at the judgment in Fehn Schiffahrts GmbH & Co KG v Romani SPA, where the Commercial Court allowed an appeal on a point of law under section 69 of the Arbitration Act 1996 and remitted the award back to the three-person tribunal.’

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Practical Law: Construction Blog, 10th July 2018

Source: constructionblog.practicallaw.com

Legal challenge to the Undercover Police Inquiry — will it succeed? – UK Human Rights Blog

Posted July 11th, 2018 in diversity, inquiries, news, police, spying by tracey

‘It was reported on Thursday, 5 July 2018, that three core participants in the Undercover Policing Inquiry are intending to launch a legal challenge against the Home Secretary’s decision not to appoint a panel to sit with the Chair, Sir John Mitting. They say a diverse panel is needed who will better understand the issues of racism, sexism and class discrimination that the inquiry will inevitably raise. So where has this challenge come from, and is it likely to succeed?’

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UK Human Rights Blog, 10th July 2018

Source: ukhumanrightsblog.com

Justice Secretary launches fresh crackdown on crime in prison – speech – Ministry of Justice

Posted July 11th, 2018 in drug abuse, prisons, rehabilitation, sentencing, speeches by tracey

‘Justice Secretary launches fresh crackdown on crime in prison – speech.’

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Ministry of Justice, 10th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Council not required to disclose advice of independent person: Tribunal – Local Government Lawyer

‘Stratford-on-Avon District Council need not disclose advice given by an independent person in a case over a councillor’s conduct, the First-Tier Tribunal (FTT) has said.’

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Local Government Lawyer, 10th July 2018

Source: www.localgovernmentlawyer.co.uk

Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets – Family Law

Posted July 11th, 2018 in confiscation, divorce, fraud, matrimonial home, news, proceeds of crime by tracey

‘The judgment of the Court of Appeal in R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.’

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Family Law, 11th July 2018

Source: www.familylaw.co.uk

Costs judge applies ‘wider criteria’ in proportionality dispute – Law Society’s Gazette

Posted July 11th, 2018 in costs, injunctions, news, proportionality by tracey

‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Inquiry condemns school that barred A-level pupils – The Guardian

Posted July 11th, 2018 in examinations, inquiries, news, school exclusions by tracey

‘An independent inquiry into a top grammar school, which was revealed by a Guardian investigation to be forcing out pupils who were unlikely to get top grades at A-level, has delivered a damning report accusing the school of illegally treating its students as “collateral damage” in the pursuit of its own interests.’

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The Guardian, 10th July 2018

Source: www.theguardian.com

MPs want new watchdog to root out research misconduct – The Guardian

Posted July 11th, 2018 in fraud, news, select committees, universities by tracey

‘A national watchdog that has the power to punish British universities for failing to tackle research misconduct is needed to ensure that sloppy practices and outright fraud are caught and dealt with fast, MPs say.’

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The Guardian, 11th July 2018

Source: www.theguardian.com

Mother and grandmother found guilty of killing teenager ‘left to rot to death’ in bed – The Independent

‘The mother and grandmother of a teenager who died after being “left to rot to death” on an inflatable mattress at their house in Leeds have been convicted of manslaughter.’

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The Independent, 10th July 2018

Source: www.independent.co.uk

Facebook fined for data breaches in Cambridge Analytica scandal – The Guardian

Posted July 11th, 2018 in data protection, fines, internet, news by tracey

‘Facebook is to be fined £500,000, the maximum amount possible, for its part in the Cambridge Analytica scandal, the information commissioner has announced.’

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The Guardian, 11th July 2018

Source: www.theguardian.com