The Advocate and the Expert in the Court of Protection – Expert Witness

Posted November 6th, 2018 in advocacy, barristers, case management, Court of Protection, expert witnesses, news by sally

‘The aim of this article is to explore the practical interface between the advocate and the expert in proceedings before the Court of Protection (‘COP’), and is written for both lawyers and experts. Unless otherwise stated, all statutory references are to the Mental Capacity Act 2005 (‘MCA’), and the person over whom the court has jurisdiction is referred to a ‘P’.’

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Expert Witness, 5th November 2018

Source: scoop-cms.s3-eu-west-1.amazonaws.com

Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Landmark day for state pension equality – BBC News

Posted November 6th, 2018 in budgets, equality, national insurance, news, pensions, statistics, women by sally

‘From Tuesday women in the UK will begin to qualify for their state pensions at the same age as men – currently 65.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Farmer guilty over death of worker trapped by her hair – BBC News

Posted November 6th, 2018 in accidents, health & safety, homicide, negligence, news by sally

‘A farmer has been found guilty of causing the death of a 20-year-old woman whose hair became entangled in a milling machine.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Law firm sanctioned over conveyancing conflicts – Legal Futures

‘A law firm that also owns an estate agency and acted for seller, buyer and as the seller’s agent in 14 residential conveyancing transactions has been fined over the conflict of interest this generated.’

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Legal Futures, 5th November 2018

Source: www.legalfutures.co.uk

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Minister Orders Urgent Investigation Into Autistic And Learning Disabled Patients Being Locked Up – Rights Info

‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’

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Rights Info, 5th November 2018

Source: rightsinfo.org

Gloucester man jailed for murdering wife and stepdaughter – The Guardian

Posted November 6th, 2018 in domestic violence, families, murder, news, sentencing by sally

‘A man has been jailed for life and ordered to serve at least 29 years in prison for murdering his wife and stepdaughter in an episode of “wanton savagery”.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted November 6th, 2018 in legislation by tracey

Mental Health Units (Use of Force) Act 2018

Non-Domestic Rating (Nursery Grounds) Act 2018

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018

Source: www.legislation.gov.uk

Labour MP’s brother admits perverting course of justice – The Guardian

Posted November 6th, 2018 in dangerous driving, deceit, news, perverting the course of justice by sally

‘The brother of a Labour MP has admitted perverting the course of justice by lying to police about who was driving a speeding car.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 6th, 2018 in legislation by tracey

The Zoonotic Disease Eradication and Control (Amendment) (England) (EU Exit) Regulations 2018

The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018

The Medicines and Healthcare Products Regulatory Agency Trading Fund (Amendment) (EU Exit) Order 2018

The Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018

The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018

The Data Retention and Acquisition Regulations 2018

The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018

The Coroners Allowances, Fees and Expenses (Amendment) Regulations 2018

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 3) Regulations 2018

The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018

The Childcare (Miscellaneous Amendments) (EU Exit) (England) Regulations 2018

The Non-Contentious Probate (Amendment) Rules 2018

The Plant Health (England) (Amendment) (No. 5) Order 2018

The Child Tax Credit (Amendment) Regulations 2018

The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2018 in law reports by tracey

Supreme Court

Dooneen Ltd (t/a McGinness Associates)& Anor v Mond (Scotland) [2018] UKSC 54 (31 October 2018)

Court of Appeal (Civil Division)

Ogiehor v Ogiehor [2018] EWCA Civ 2423 (02 November 2018)

Terry v BCS Corporate Acceptances Ltd & Ors [2018] EWCA Civ 2422 (02 November 2018)

Court of Appeal (Criminal Division)

Aziz & Ors v R [2018] EWCA Crim 2412 (02 November 2018)

E, R v [2018] EWCA Crim 2426 (01 November 2018)

High Court (Administrative Court)

CPRE Surrey & Anor v Waverley Borough Council & Ors [2018] EWHC 2969 (Admin) (05 November 2018)

IO (Nigeria), R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2940 (Admin) (02 November 2018)

Bah, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2942 (Admin) (02 November 2018)

Liral Veget Training And Recruitment Ltd, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) (02 November 2018)

Islam, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) (02 November 2018)

Valiati v Director Of Public Prosecutions [2018] EWHC 2908 (Admin) (01 November 2018)

Guerry, R (on the application of) v & Ors [2018] EWHC 2899 (Admin) (01 November 2018)

High Court (Chancery Division)

Noble Group Ltd, Re [2018] EWHC 2911 (Ch) (02 November 2018)

High Court (Commercial Court)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors [2018] EWHC 2929 (Comm) (05 November 2018)

RJ & Anor v HB [2018] EWHC 2958 (Comm) (05 November 2018)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors (Rev 1) [2018] EWHC 2926 (TCC) (02 November 2018)

High Court (Family Division)

Hart v Hart [2018] EWHC 2966 (Fam) (05 November 2018)

High Court (Queen’s Bench Division)

Lysongo v The Foreign and Commonwealth Office & Anor [2018] EWHC 2955 (QB) (05 November 2018)

YAH v Medway NHS Foundation Trust [2018] EWHC 2964 (QB) (05 November 2018)

Birmingham City Council v Amey Birmingham Highways Ltd [2018] EWHC 2875 (QB) (02 November 2018)

Doyle v Smith [2018] EWHC 2935 (QB) (02 November 2018)

Gill v Heer Manak Solicitors [2018] EWHC 2881 (QB) (30 October 2018)

High Court (Technology and Construction Court)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors [2018] EWHC 2926 (TCC) (02 November 2018)

Source: www.bailii.org