Day: 11 February 2019

Recent Statutory Instruments – legislation.gov.uk

Posted February 11th, 2019 in legislation by tracey

The Devolved Income Tax Rates (Consequential Amendments) Order 2019

The Education (Student Loans) (Repayment) (Amendment) Regulations 2019

The Plant Breeders’ Rights (Amendment etc.) (EU Exit) Regulations 2019

The Occupational and Personal Pension Schemes (Amendment etc.) (EU Exit) Regulations 2019

The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 11th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Toms v Ruberry [2019] EWCA Civ 128 (08 February 2019)

Dinglis Management Ltd & Anor v Dinglis Properties Ltd [2019] EWCA Civ 127 (08 February 2019)

Farnborough Airport Properties Company & Anor v Revenue And Customs [2019] EWCA Civ 118 (08 February 2019)

G (Children: Fair Hearing), Re [2019] EWCA Civ 126 (07 February 2019)

Parker & Anor v Roberts [2019] EWCA Civ 121 (07 February 2019

Gama Aviation (UK) Ltd v Taleveras Petroleum Trading DMCC [2019] EWCA Civ 119 (07 February 2019)

Fatima & Ors v The Secretary of State for the Home Department [2019] EWCA Civ 124 (07 February 2019)

High Court (Administrative Court)

Hoareau & Anor, R (On the Application Of) v Secretary of State for Foreign And Commonwealth Affairs [2019] EWHC 221 (Admin) (08 February 2019)

Jopling v Richmond-Upon-Thames London Borough Council & Anor [2019] EWHC 190 (Admin) (08 February 2019)

TW, R (On the Application Of) (No.2) v London Borough of Hillingdon [2019] EWHC 157 (Admin) (08 February 2019)

Gale v The Solicitors Regulation Authority [2019] EWHC 222 (Admin) (07 February 2019)

General Medical Council v Sledzik [2019] EWHC 189 (Admin) (07 February 2019)

Reading Borough Council v Ali [2019] EWHC 200 (Admin) (07 February 2019)

Carpenter v Pre-Trial Investigation Court Milan, Italy [2019] EWHC 211 (Admin) (07 February 2019)

South Gloucestershire Council v Secretary of State for Housing, Communities And Local Government [2019] EWHC 181 (Admin) (07 February 2019)

AC (Algeria), R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 188 (Admin) (06 February 2019)

High Court (Chancery Division)

Middlesbrough Football & Athletic Company (1986) Ltd v Earth Energy Investments LLP & Anor [2019] EWHC 226 (Ch) (08 February 2019)

High Court (Commercial Court)

HSBC Bank Plc v Pearl Corporation SA & Ors [2019] EWHC 231 (Comm) (08 February 2019)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2019] EWHC 207 (Comm) (08 February 2019)

Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors [2019] EWHC 173 (Comm) (07 February 2019)

High Court (Family Division)

L v M [2019] EWHC 219 (Fam) (08 February 2019)

High Court (Queen’s Bench Division)

Correa & Ors v BP Plc & Ors [2019] EWHC 232 (QB) (08 February 2019)

Balaratnam v Santander UK Plc [2019] EWHC 227 (QB) (08 February 2019)

Arcadia Group Ltd & Ors v Telegraph Media Group Ltd [2019] EWHC 223 (QB) (08 February 2019)

Argus Media Ltd v Halim [2019] EWHC 215 (QB) (07 February 2019)

Council did not do enough to protect young child from harm, Ombudsman finds – Local Government Lawyer

Posted February 11th, 2019 in child cruelty, children, domestic violence, local government, news, ombudsmen, personal injuries by tracey

‘A young child was left with life-long injuries after a council missed opportunities to protect him from his mother’s violent partner, a Local Government and Social Care Ombudsman investigation has found.’

Full Story

Local Government Lawyer, 8th February 2019

Source: www.localgovernmentlawyer.co.uk

Professor Dame Carol Black announced as independent reviewer of drugs – Home Office

Posted February 11th, 2019 in drug offences, press releases, violence by tracey

‘Today (Friday 8 February), the Home Secretary has appointed Professor Dame Carol Black to lead a major review that will look into the ways in which drugs are fuelling serious violence.’

Full press release

Home Office, 8th February 2019

Source: www.gov.uk/home-office

Opinion – My womb is my bond: Why every surrogacy arrangement should incorporate a contract – Family Law

Posted February 11th, 2019 in children, contracts, families, human rights, news, parental rights, pregnancy, surrogacy by tracey

‘Researcher Rachel Cooper, who recently completed an MA in medical law at King’s College London, argues that every surrogacy arrangement should incorporate a contract.’

Full Story

Family Law, 11th February 2019

Source: www.familylaw.co.uk

LASPO Review: Bar Council reaction – The Bar Council

Posted February 11th, 2019 in barristers, benefits, bereavement, budgets, coroners, costs, families, inquests, legal aid, Ministry of Justice, press releases by tracey

‘The Bar Council has reacted to the Ministry of Justice’s LASPO Part 1 review, published today. Richard Atkins QC, Chair of the Bar Council, said: “The Bar Council is disappointed with the Government’s post-implementation review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”), published today. When the Bar Council gave evidence to the Ministry of Justice (MOJ) last year on the impact of the LASPO cuts to legal aid we identified five priorities to help reverse the decline in legal aid provision over almost six years. (See notes to editors). Few have been addressed.” ‘

Full press release

The Bar Council, 7th February 2019

Source: www.barcouncil.org.uk

Fury over MoJ ‘betrayal’ on legal aid at inquests – Law Society’s Gazette

Posted February 11th, 2019 in bereavement, budgets, families, inquests, legal aid, legal representation, litigants in person, Ministry of Justice, news by tracey

‘The Ministry of Justice has been accused of betraying those campaigning to ensure an equality of arms between bereaved families and the state at inquests.’

Full Story

Law Society's Gazette, 8th February 2019

Source: www.lawgazette.co.uk

A ‘drop in the ocean’ for justice? – Law Society’s Gazette

Posted February 11th, 2019 in budgets, legal aid, litigants in person, Ministry of Justice, news by tracey

‘The Ministry of Justice sweetened its long-awaited review of swingeing legal aid cuts with a pledge to spend £8m on legal support and litigants in person. But does its response go far enough?’

Full Story

Law Society's Gazette, 11th February 2019

Source: www.lawgazette.co.uk

The Domestic Abuse Bill: a long-awaited overhaul or flawed legislation with an implementation problem? – Family Law Week

Posted February 11th, 2019 in bills, cross-examination, domestic violence, families, family courts, litigants in person, news, victims by tracey

‘Hannah Gomersall, barrister at Coram Chambers, explores the proposed reforms set out in the government’s Domestic Abuse Bill: its scope, workability and whether the Family Court will be able to cope with the ensuing workload.’

Full Story

Family Law Week, 7th February 2019

Source: www.familylawweek.co.uk

BC v BG – Cementing the future of arbitration – Family Law Week

Posted February 11th, 2019 in arbitration, divorce, families, financial dispute resolution, news by tracey

‘Julie Stather, barrister, Crown Office Row, Brighton considers the role of arbitration and what the future holds for the scheme.’

Full Story

Family Law Week, 8th February 2019

Source: www.familylawweek.co.uk

Digital Secretary to question dating apps amid concerns over underage users – Daily Telegraph

Posted February 11th, 2019 in child abuse, children, internet, news, sexual offences, statistics by tracey

‘Jeremy Wright, the Digital Secretary, said he would write to Tinder and Grindr asking what measures they have in place to keep children safe, after an investigation claimed they are at risk of exploitation on such apps.’

Full Story

Daily Telegraph, 10th February 2019

Source: www.telegraph.co.uk

Seven-year jail terms unveiled for pension fund mismanagement – The Guardian

Posted February 11th, 2019 in company directors, news, pensions, professional conduct, sentencing by tracey

‘MPs and pension experts have welcomed government plans to introduce lengthy jail sentences for executives who recklessly mismanage pension funds, in an effort to avoid a repeat of recent scandals like BHS or Carillion.’

Full Story

The Guardian, 10th February 2019

Source: www.theguardian.com

Drill music crackdown ‘fails to address root causes of youth violence’ – The Guardian

Posted February 11th, 2019 in artistic works, freedom of expression, gangs, injunctions, news, sentencing, suspended sentences, violence, violent offenders, young offenders by tracey

‘Campaigners and artists have sharply criticised the police crackdown on drill music, warning this “punitive” approach will ultimately fail to tackle the root causes of youth violence.’

Full Story

The Guardian, 10th February 2019

Source: www.theguardian.com

Cyber sex crimes against children have trebled in three years, NSPCC warns – Daily Telegraph

Posted February 11th, 2019 in child abuse, children, indecent photographs of children, internet, news, sexual offences, statistics by tracey

‘Cases of paedophiles using the internet to commit sex crimes against children have trebled in three years, figures show, prompting renewed demands for tougher regulation of social media companies.’

Full Story

Daily Telegraph, 11th February 2019

Source: www.telegraph.co.uk

Drink-driver who went wrong way on M4 near Reading jailed – BBC News

Posted February 11th, 2019 in dangerous driving, drunk in charge, news, road traffic offences, sentencing by tracey

‘A man who drove the wrong way down a motorway while more than three times the drink-drive limit has been jailed.’

Full Story

BBC News, 11th February 2019

Source: www.bbc.co.uk

Government toughens rules for people seeking citizenship with new English language requirements – The Independent

Posted February 11th, 2019 in citizenship, immigration, news, standards by tracey

‘The government has toughened rules for people seeking UK citizenship with new English language requirements.’

Full Story

The Independent, 10th February 2019

Source: www.independent.co.uk

Knife offenders to wear GPS tags in London pilot scheme – The Guardian

Posted February 11th, 2019 in electronic monitoring, London, murder, news, pilot schemes, police, recidivists, statistics, weapons by tracey

‘Knife crime offenders in London will be tagged with tracking devices upon their release from prison in an attempt to reduce violence in the capital, the mayor has announced.’

Full Story

The Guardian, 11th February 2019

Source: www.theguardian.com