Day: 13 March 2019

Recent Statutory Instruments – legislation.gov.uk

Posted March 13th, 2019 in legislation by tracey

The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2019

The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019

The Local Audit (England and Wales) (Amendment) (EU Exit) Regulations 2019

The Teachers’ Pensions Schemes (Amendment) (EU Exit) Regulations 2019

The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019

The Higher Education (Registration Fees) (England) Regulations 2019

The Transparency of Securities Financing Transactions and of Reuse (Amendment) (EU Exit) Regulations 2019

The Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2019

The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2019

The Employment Rights (Amendment) (EU Exit) Regulations 2019

The Food (Amendment) (EU Exit) Regulations 2019

The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 13th, 2019 in law reports by tracey

Supreme Court

Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11 (13 March 2019)

Revenue and Customs v Joint Administrators of Lehman Brothers International (Europe) [2019] UKSC 12 (13 March 2019)

Court of Appeal (Civil Division)

Hasan, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 389 (12 March 2019)

High Court (Administrative Court)

Langton, R (On the Application Of) v The Secretary of State for Environment, Food And Rural Affairs & Anor [2019] EWHC 597 (Admin) (13 March 2019)

High Court (Commercial Court)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2019] EWHC 591 (Comm) (13 March 2019)

High Court (Family Division)

M v F (Appeal : Fact Finding) [2019] EWHC 572 (Fam) (12 March 2019)

Source: www.bailii.org

R (Youngsam) v The Parole Board – Blackstone Chambers

Posted March 13th, 2019 in appeals, delay, human rights, news, parole, precedent, prisons by sally

‘The case concerned a prisoner serving a determinate sentence who had been released on licence but then recalled to prison. He complained that there had been a delay in convening a Parole Board hearing concerning his detention, and that this breached his rights under article 5(4) of the European Convention on Human Rights (ECHR).’

Full Story

Blackstone Chambers, 27th February 2019

Source: www.blackstonechambers.com

A Brief Guide to Carrying out Capacity Assessments -39 Essex Chambers

Posted March 13th, 2019 in care workers, codes of practice, disabled persons, learning difficulties, mental health, news, social services by sally

‘This purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

Full Story

39 Essex Chambers, March 2019

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Max Clifford: court of appeal hears attempt to challenge conviction – The Guardian

Posted March 13th, 2019 in appeals, consent, news, sexual offences by sally

‘Max Clifford denied “until his death” that he had sexually assaulted young women, a court has heard.’

Full Story

The Guardian, 12th March 2019

Source: www.theguardian.com

Slag Ltd – the businesses that are too rude for Companies House – The Guardian

Posted March 13th, 2019 in company directors, freedom of expression, names, news by sally

‘The UK registrar banned 87 companies for their risque names last year – but did any expletive-laden monikers make it through?’

Full Story

The Guardian, 11th March 2019

Source: www.theguardian.com

Diversion of a Business Opportunity: Recovery Partners & anor v Mr Rukhadze & ors [2018] EWHC 2918 (Comm) – Blackstone Chambers

Posted March 13th, 2019 in assets recovery, bereavement, company directors, company law, fiduciary duty, news, wills by sally

‘The High Court recently had reason to consider liability where individuals, who owe fiduciary duties to a company, divert for themselves a business opportunity.’

Full Story

Blackstone Chambers, 25th February 2019

Source: www.employeecompetition.com

The President’s guidance on anonymisation in published judgments – Transparency Project

Posted March 13th, 2019 in anonymity, child abuse, children, codes of practice, expert witnesses, families, family courts, judgments, news, practice directions, privacy by sally

‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’

Full Story

Transparency Project, 12th March 2019

Source: www.transparencyproject.org.uk

LW, KT, MC & Faulder v Sodexo Limited & Secretary of State for Justice – Blackstone Chambers

Posted March 13th, 2019 in contracting out, human rights, news, prisons by sally

‘The High Court has today handed down judgment on the human rights obligations owed by the State to persons serving a prison sentence in a private prison.’

Full Story

Blackstone Chambers, 21st February 2019

Source: www.blackstonechambers.com

Towards clarity on reporting obligations – Law Society’s Gazette

Posted March 13th, 2019 in codes of practice, consultations, interpretation, law firms, legal profession, news, notification, professional conduct, Solicitors Regulation Authority by sally

‘Last month the Solicitors Regulation Authority published its response to its ‘Reporting Concerns’ consultation, launched last year. You could be forgiven for missing the fanfare but this was big news in the world of law firm and lawyer regulation.’

Full Story

Law Society's Gazette, 11th March 2019

Source: www.lawgazette.co.uk

‘Essay mills’ legislation is overdue, says expert – OUT-LAW.com

Posted March 13th, 2019 in deceit, education, news, plagiarism, school children, statistics by sally

‘New legislation to combat so-called ‘essay mills’ is overdue, an expert in universities law has said.’

Full Story

OUT-LAW.com, 13th March 2019

Source: www.out-law.com

What Happens When A Solicitor Provides The Client With No Guidance As To Costs? – 39 Essex Chambers

Posted March 13th, 2019 in costs, foreign jurisdictions, murder, news, notification, solicitors by sally

‘You would hope that, these days, situations where a solicitor has provided his client no guidance as to costs would be rare. One came before Master Leonard in a Solicitors Act assessment of a bill for work representing the client’s son, who had been arrested and charged with murder following a fight in Crete. The client’s son denied any involvement.’

Full Story

39 Essex Chambers, 25th February 2019

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

‘In probation, we’re poorly paid and the caseloads are unmanageable’ – The Guardian

Posted March 13th, 2019 in contracting out, news, ombudsmen, pilot schemes, prisons, probation, recidivists, rehabilitation, standards, statistics by sally

‘Chris Grayling’s 2013 reforms have cost more, yet failed to cut reoffending or reduce staff shortages.’

Full Story

The Guardian, 13th March 2019

Source: www.theguardian.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

Posted March 13th, 2019 in accidents, appeals, damages, identification, insurance, news, personal injuries, road traffic, Supreme Court by sally

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

Full Story

39 Essex Chambers, 21st February 2019

Source: www.39essex.com

Sisters win High Court inheritance battle against millionaire brother – Daily Telegraph

Posted March 13th, 2019 in bereavement, families, news, wills by sally

‘Sisters who fought their millionaire brother for a share of their mother’s estate have won a High Court battle, after a judge agreed that her traditionalist husband forced her to change her will.’

Full Story

Daily Telegraph, 12th March 2019

Source: www.telegraph.co.uk

Judicial review of Heathrow airport third runway decision begins – The Guardian

Posted March 13th, 2019 in airports, climate change, environmental health, environmental protection, judicial review, local government, news, noise, planning by sally

‘Five judicial reviews challenging the legality of the government’s decision to allow a third runway at Heathrow airport have begun in the high court.’

Full Story

The Guardian, 11th March 2019

Source: www.theguardian.com

Not Knowing the Amount of Compensation Award (EXB (A Protected Party by his Mother and Litigation Friend) v FDZ and Others) – 39 Essex Chambers

Posted March 13th, 2019 in accidents, compensation, consultations, Court of Protection, damages, disclosure, jurisdiction, news, personal injuries by sally

‘Emily Formby, barrister at 39 Essex Chambers, considers the case of EXB (a protected party by his mother and litigation friend) v FDZ and others concerning the overlap in jurisdiction between the civil courts and the Court of Protection (CoP). Despite the overlap being commonplace in daily practice, reported cases giving guidance on how to navigate issues thrown up by the different procedures are rarer than one might think.’

Full Story

39 Essex Chambers, 8th February 2019

Source: www.39essex.com

Sentencing Council to include expanded explanations in guidelines – OUT-LAW.com

Posted March 13th, 2019 in codes of practice, consultations, judiciary, news, sequestration by sally

‘Plans to require judges and magistrates to consider additional contextual information when weighing up aggravating and mitigating factors during the sentencing process for particular offences have been published for consultation by the Sentencing Council.’

Full Story

OUT-LAW.com, 13th March 2019

Source: www.out-law.com

Medomsley detention centre saw hundreds sexually abused – BBC News

Posted March 13th, 2019 in abuse of position of trust, child abuse, children, compensation, detention, news, sexual offences by sally

‘An officer at a former youth detention centre sexually assaulted hundreds of inmates, it has emerged.’

Full Story

BBC News, 12th March 2019

Source: www.bbc.co.uk

Doctors’ failure to spot sepsis led to toddler’s death, coroner rules – The Guardian

Posted March 13th, 2019 in causing death of children or vulnerable adults, children, coroners, doctors, inquests, negligence, news by sally

‘A two-year-old girl died as a result of neglect after the gross failure of doctors to diagnose sepsis, a coroner has ruled.’

Full Story

The Guardian, 12th March 2019

Source: www.theguardian.com