Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by tracey

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

Full Story

Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

£100,000 fine for company that made nuisance PI calls – Legal Futures

Posted August 3rd, 2018 in fines, news, nuisance, personal injuries, telecommunications by tracey

‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’

Full Story

Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

Inquest negligence claim against Leigh Day thrown out – Legal Futures

Posted August 3rd, 2018 in inquests, law firms, negligence, news by tracey

‘A claim that well-known law firm Leigh Day was negligent in its representation of the family of the deceased at an inquest has been dismissed by the High Court.’

Full Story

Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

The ‘behaviour’ petition in divorce – as seen in the therapist’s consulting room – Family Law

Posted August 3rd, 2018 in divorce, marriage, news by tracey

‘In the context of Resolution’s and the Family Matters campaign for no fault divorce, I hope to offer a perspective from my work as a couple therapist to show one aspect of the emotional fall-out that I see in my consulting room from the current system of fault based divorce. In particular I shall focus on the impact of the “behaviour” petition which in the wake of the case of Owens v Owens [2018] UKSC 41 has, of course, found itself in the limelight.’

Full Story

Family Law, 2nd August 2018

Source: www.familylaw.co.uk

Property agent jailed for spending £700,000 of his clients’ money – Crown Prosecution Service

Posted August 3rd, 2018 in client accounts, fraud, press releases, sentencing by tracey

‘A property agent who misspent £700,000 in rent he had collected for his clients has been sentenced to five years in prison today.’

Full press release

Crown Prosecution Service, 2nd August 2018

Source: www.cps.gov.uk

NHS mortuaries so lax families are at ‘significant risk’ of burying the wrong bodies, watchdog finds – Daily Telegraph

Posted August 3rd, 2018 in burials and cremation, hospitals, news by tracey

‘Hospital mortuaries are storing the dead in filthy fridges and employing such lax checks that families are at “significant risk” of burying the wrong bodies, inspections show. An investigation reveals a 20-fold rise in major failings found by watchdogs in just one year.’

Full Story

Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Roofer fined £300 for carrying sandwich wrappers and crisp packets in his van – Daily Telegraph

Posted August 3rd, 2018 in licensing, news, penalties, waste by tracey

‘A white van man has been hit with a £300 fine after sandwich wrappers and crisp packets were found inside his work van.
Roofer Stewart Gosling, 43, was punished with the on-the-spot penalty after a stash of waste he kept in a plastic commercial waste bag was found in the back of his vehicle.’

Full Story

Daily Telegraph, 2nd August 2018

Source: www.telegraph.co.uk

Former HSBC banker wins appeal against extradition to US – The Guardian

Posted August 3rd, 2018 in appeals, banking, extradition, fraud, news by tracey

‘HSBC’s former head of currency trading has won a last-ditch battle to block his extradition to the US, where he faces 11 charges of foreign exchange rigging which each carry a maximum 30-year prison sentence.’

Full Story

The Guardian, 31st July 2018

Source: www.theguardian.com

Adopt inquisitorial criminal justice system in UK, charity urges – The Guardian

Posted August 3rd, 2018 in criminal justice, legal aid, news, reports by tracey

‘Toynbee Hall says it favours continental-style system because adversarial process is expensive and inefficient.’

Full Story

The Guardian, 2nd August 2018

Source: www.theguardian.com

Man who threw baby out of window in Luton jailed – BBC News

‘A man who threw a seven-month-old baby and its mother out of a window has been jailed for life.’

Full Story

BBC News, 2nd August 2018

Source: www.bbc.co.uk

Matthew Scully-Hicks: Social services chief apologises for mistakes leading to toddler being murdered by adoptive father – The Independent

Posted August 3rd, 2018 in adoption, child abuse, doctors, murder, news, social services by tracey

‘A social services chief has apologised for mistakes in the care of a baby girl who was murdered by her father two weeks after he adopted her. A review has found that both social services workers and a doctor missed opportunities to spot anything abnormal when Elsie Scully-Hicks suffered a catalogue of injuries in the months before she died.’

Full Story

The Independent, 2nd August 2018

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted August 2nd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Gulf Centre for Human Rights, R (On the Application of) v The Prime Minister & Anor [2018] EWCA Civ 1855 (01 August 2018)

Lomax v Gosport Borough Council [2018] EWCA Civ 1846 (01 August 2018)

Court of Appeal (Criminal Division)

Yaxley-Lennon (aka Tommy Robinson), Re [2018] EWCA Crim 1856 (01 August 2018)

High Court (Queen’s Bench Division)

Deutsche Leasing (UK) Ltd v Zaskin College Ltd & Ors [2018] EWHC 1977 (QB) (01 August 2018)

Bokova v Associated Newspapers Ltd [2018] EWHC 2032 (QB) (31 July 2018)

source: www.bailii.org

Ecclesiastical court judgments – July 2018 – Law & Religion UK

Posted August 2nd, 2018 in burials and cremation, ecclesiastical law, historic buildings, news by tracey

‘Review of the ecclesiastical court judgments during July 2018.’

Full Story

Law & Religion UK, 30th July 2018

Source: www.lawandreligionuk.com

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 2nd, 2018 in defamation, media, news by tracey

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.

Full Story

OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

What’s the damage? Revisiting the correct measure of loss in negligent surveyor cases – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, damages, negligence, news, surveyors by tracey

‘As construction lawyers, most of us have had experience with claims concerning the financial loss and/or damage to property arising from a negligent survey of a house.’

Full Story

Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

What are you implying? The role of implied terms in contract interpretation – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, contracts, drafting, interpretation, news by tracey

‘Recent cases, including the Court of Appeal’s judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract.’

Full Story

Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

Full Story

UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Manslaughter: Definitive guideline – Sentencing Council

Posted August 2nd, 2018 in diminished responsibility, homicide, negligence, press releases, sentencing by tracey

‘The new guideline will come into effect on 1 November 2018.’

Full guideline

Sentencing Council, 31st July 2018

Source: www.sentencingcouncil.org.uk

Council defeats High Court challenge over development at historic railway yard – Local Government Lawyer

Posted August 2nd, 2018 in historic buildings, housing, local government, news, planning, railways by tracey

‘Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.’

Full Story

Local Government Lawyer, 1st August 2018

Source: www.localgovernmentlawyer.co.uk

Judge orders indemnity costs against NHS trust for outrageous “bimbling” – Litigation Futures

Posted August 2nd, 2018 in costs, delay, hospitals, judgments, news by tracey

‘The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.’

Full Story

Litigation Futures, 2nd August 2018

Source: www.litigationfutures.com