Recent Statutory Instruments – legislation.gov.uk

Posted April 5th, 2019 in legislation by tracey

The Agricultural Holdings (Units of Production) (England) Order 2019

The Pension Schemes (Information Requirements – Repayment of Overseas Transfer Charge) Regulations 2019

The Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Amendment) Regulations 2019

The Small Business, Enterprise and Employment Act 2015 (Commencement No. 7, Consequential, Transitional and Savings Provisions) Regulations 2019

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2019

EU Withdrawal Act 2018 statutory instruments can be found here https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments

Source: www.legislation.gov.uk

Children: Public Law Update (Spring 2019) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 2nd April 2019

Source: www.familylawweek.co.uk

Landlord’s access and actually turning up – Nearly Legal

Posted April 5th, 2019 in contracts, landlord & tenant, leases, news by tracey

‘New Crane Wharf Freehold Ltd v Dovener (LANDLORD AND TENANT – clause in lease required tenant to permit the landlord to enter) (2019) UKUT 98 (LC). What counts as “refusing access”, where a landlord has a contractual right to access on notice? This rather odd Upper Tribunal case does at least provide a degree of clarification.’

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Nearly Legal, 3rd April 2019

Source: nearlylegal.co.uk

“Practical completion” considered by Court Appeal for first time in 50 years – Practical Law: Construction Blog

Posted April 5th, 2019 in building law, construction industry, contracts, landlord & tenant, leases, news by tracey

‘It is well known that practical completion is often easier to recognise than it is to define, which is why the Court of Appeal’s judgment in Mears Ltd v Costplan Services (South East) Ltd and others is an important read for construction practitioners.’

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Practical Law: Construction Blog, 29th March 2019

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted April 5th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

B (Children : Uncertain Perpetrator) (Rev 1) [2019] EWCA Civ 575 (04 April 2019)

Khandanpour v Chambers [2019] EWCA Civ 570 (04 April 2019)

Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551 (04 April 2019)

Court of Appeal (Criminal Division)

B (Children : Uncertain Perpetrator) [2019] EWCA Civ 575 (04 April 2019)

High Court (Administrative Court)

NS, R (on the application of) v Secretary of State for the Home Department [2019] EWHC 861 (Admin) (04 April 2019)

High Court (Family Division)

JN (A Child) [2019] EWHC 850 (Fam) (04 April 2019)

High Court (Queen’s Bench Division)

Rochester v Ingham House Ltd [2019] EWHC 847 (QB) (04 April 2019)

Jenkins v JCP Solicitors Ltd [2019] EWHC 852 (QB) (04 April 2019)

Source: www.bailii.org

Negligence claim over football club chairman’s divorce to proceed – Legal Futures

Posted April 5th, 2019 in divorce, drafting, law firms, negligence, news, substitution by tracey

‘A judge was wrong to stop a case against a law firm that had incorporated since potentially negligent advice was given when the wrong entity was named in the claim, the High Court has ruled.’

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Legal Futures, 5th April 2019

Source: www.legalfutures.co.uk

Three ex-prison officers jailed for abusing teenage inmates – The Guardian

‘Three ex-prison officers jailed for abusing teenage inmates.’

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The Guardian, 4th April 2019

Source: www.theguardian.com

Murder witnesses to be given same support as victims’ families under plans to stop ‘cycle of brutal offending’ – The Independent

Posted April 5th, 2019 in bereavement, murder, news, victims, witnesses by tracey

‘People who witness fatal stabbings and murders in London will be given the same support as bereaved relatives under new proposals. The justice secretary, David Gauke, said trauma can fuel a “continued cycle of brutal offending” amid warnings that children exposed to violence at a young age can become more vulnerable to gangs.’

Ministry of Justice press release

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The Independent, 4th April 2019

Source: www.independent.co.uk

Hotel porter awarded £1.3 million divorce payout from Avon heiress ex-wife – Daily Telegraph

Posted April 5th, 2019 in divorce, news, prenuptial agreements by tracey

‘A bankrupt hotel porter has been awarded a £1.3 million divorce payout from his Avon heiress wife after a judge ruled that the pre-nuptial agreement which left him penniless was unfair.’

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Daily Telegraph, 4th April 2019

Source: www.telegraph.co.uk

Inquiry launched into data use from no-deal Brexit ads on Facebook – The Guardian

Posted April 5th, 2019 in advertising, brexit, data protection, internet, news, referendums by tracey

‘The information commissioner’s office will use its legal powers to obtain information from Facebook about a secretive network of pro-Brexit advertising campaigns on the social network, following revelations about the involvement of Sir Lynton Crosby’s company in campaigns pushing for a hard no-deal Brexit.’

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The Guardian, 4th April 2019

Source: www.theguardian.com

Baby dies after pregnant Merthyr Tydfil woman ‘sent home’ – BBC News

Posted April 5th, 2019 in birth, children, hospitals, inquests, news, pregnancy by tracey

‘A pregnant woman whose baby died was told she was not in labour and was sent home from hospital with painkillers and laxatives, an inquest has heard.’

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BBC News, 4th Apil 2019

Source: www.bbc.co.uk

Gypsy community ‘failed by government’ says report – The Guardian

Posted April 5th, 2019 in education, equality, health, minorities, news, select committees, travellers by tracey

‘The Commons women and equalities committee said Gypsy, Roma and Traveller communities had the worst outcomes of any ethnic group across a huge range of areas, including education, health, employment, criminal justice and hate crime, but little was being done to tackle longstanding inequalities.’

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The Guardian, 5th April 2019

Source: www.theguardian.com

Woman called cabin crew ‘Indian money-grabbing c***s’ in between demanding more wine, spitting at them and smoking in toilet – The Independent

Posted April 5th, 2019 in aircraft, alcohol abuse, assault, guilty pleas, news, racism, sentencing by tracey

‘A “drunk and obnoxious” woman who drank three bottles of wine on a long-haul flight before calling the cabin crew ”Indian money-grabbing c***s”, has been jailed.’

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The Independent, 4th April 2019

Source: www.independent.co.uk

Ian Paterson: ‘Sheer volume’ of victims delays breast surgeon report – BBC News

Posted April 5th, 2019 in doctors, news, sentencing, victims, wounding by tracey

‘Victims of disgraced breast surgeon Ian Paterson are still coming forward two years after he was jailed following hundreds of botched operations. The “sheer volume” of patients giving evidence to an independent inquiry has pushed back a report into his malpractice, an official said.’

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BBC News, 5th April 2019

Source: www.bbc.co.uk

Annabella Landsberg: HMP Peterborough inmate’s death ‘shocking’ – BBC News

Posted April 5th, 2019 in death in custody, news, prisons, restraint by tracey

‘The events leading to the death of a prisoner after she was restrained and left on the floor for 21 hours were “truly shocking”, a report has said. HMP Peterborough staff thought Annabella Landsberg was “play-acting” when she stayed on her cell floor after being restrained on 2 September 2017. However, when examined the next day the 45-year-old was found to be seriously unwell and later died in hospital.’

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BBC News, 4th April 2019

Source: www.bbc.co.uk

JK Rowling’s ex-PA ordered to repay author £18k in fraud case – The Independent

Posted April 5th, 2019 in damages, fraud, news by tracey

‘JK Rowling‘s former personal assistant has been ordered to repay £18,734 to the Harry Potter author after she was found to have fraudulently used her credit card to buy toiletries and foreign currency.’

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The Independent, 5th April 2019

Source: www.independent.co.uk

Windrush victims’ compensation could prove ‘peanuts’, say lawyers – The Guardian

Posted April 5th, 2019 in citizenship, colonies, compensation, deportation, immigration, news by tracey

‘The government could end up paying as much as £570m in compensation to people affected by the Windrush scandal, but lawyers warned that the design of the scheme meant individual payouts could prove to be very ungenerous.’

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The Guardian, 4th April 2019

Source: www.theguardian.com