Cut-off between budgeted and incurred costs to be clarified – Litigation Futures

Posted September 19th, 2019 in budgets, civil procedure rules, costs, drafting, news, practice directions by tracey

‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’

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Litigation Futures, 19th September 2019

Source: www.litigationfutures.com

Open justice ‘victory’ revisited – Family Law

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

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Family Law, 19th September 2019

Source: www.familylaw.co.uk

Home Office ‘doomed to repeat the mistakes of Windrush’ – The Guardian

Posted September 19th, 2019 in asylum, burden of proof, government departments, immigration, news, statistics, torture by tracey

‘The mistakes made by the Home Office over the Windrush scandal are doomed to be repeated unless the department completely overhauls its systems, according to a report about its approach to processing immigration applications.’

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The Guardian, 18th September 2019

Source: www.theguardian.com

BBC presenters told to pay tens of thousands in back taxes as judge rules against them – Daily Telegraph

Posted September 19th, 2019 in BBC, contract of employment, HM Revenue & Customs, news, self-employment, taxation by tracey

‘Three BBC news presenters have been told to pay hundreds of thousands of pounds in back taxes, despite the High Court finding that the corporation forced them into the wrong contracts.’

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Daily Telegraph, 18th September 2019

Source: www.telegraph.co.uk

Jason Lawrance appeals against vasectomy lie rape convictions – BBC News

Posted September 19th, 2019 in appeals, consent, deceit, news, pregnancy, rape, sexual offences by tracey

‘A man found guilty of rape after lying about having had a vasectomy is appealing against the convictions.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Pensioner cleared of ‘mercy killing’ murder of terminally-ill husband – The Independent

Posted September 19th, 2019 in assisted suicide, elderly, married persons, murder, news, suicide by tracey

‘A pensioner has been cleared of the “mercy killing” murder of her terminally ill husband, who died after they both took an overdose last year.’

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The Independent, 18th September 2019

Source: www.independent.co.uk

Watchdog threatens to refer JD Sports takeover – BBC News

Posted September 19th, 2019 in competition, consumer protection, news, ombudsmen by tracey

‘JD Sports’ takeover of Footasylum is facing greater scrutiny after the competition watchdog warned it could result in “a worse shopping experience for customers”. The Competition and Markets Authority will refer the £90m deal to a “phase 2” investigation, which means it will take a more in-depth look at the tie-up.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Banned leader – Nearly Legal

Posted September 18th, 2019 in fines, housing, landlord & tenant, licensing, magistrates, news by tracey

’43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001. This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order against David Beattie under section 15(1) Housing and Planning Act 2016 and for a rent repayment order under section 41 H&PA 2016.’

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Nearly Legal, 17th September 2019

Source: nearlylegal.co.uk

Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty – UK Constitutional Law Association

‘The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive to the petitioners’ argument that the advice given to Her Majesty violated the conventional purposes for which prorogation ought to be used and was therefore unconstitutional (Cherry, [1]; see also Lord Sumption). Where the court erred was in concluding that the act of prorogation was itself unlawful. The intimate relationship between the prerogative power to prorogue and the supremacy of Parliament precludes such a conclusion. If, as seems correct, a response to this breach of convention is warranted, it is one that can, constitutionally, only come from Parliament itself.’

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UK Constitutional Law Association, 17th September 2019

Source: ukconstitutionallaw.org

BAILII: Recent Decisions

Posted September 18th, 2019 in law reports by tracey

High Court (Administrative Court)

Lonsdale, R (on the application of) v The Judicial Appointments and Conduct Ombudsman [2019] EWHC 2404 (Admin) (17 September 2019)

Source: www.bailii.org

Barrister’s latest complaint over Briggs ruling rejected – Legal Futures

‘The High Court has refused a barrister permission to challenge a decision by the Judicial Appointments and Conduct Ombudsman over a complaint she made about Supreme Court justice Lord Briggs.’

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Legal Futures, 18th September 2019

Source: www.legalfutures.co.uk

Report on legal services regulation presents case for further reform – Law Society’s Gazette

Posted September 18th, 2019 in consumer protection, legal services, Legal Services Board, news, reports by tracey

‘The potential harm to consumers arising from enduring weaknesses in legal services regulation justifies further reform, says a report published today by University College London’s Centre for Ethics and Law.’

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Law Society's Gazette, 17th September 2019

Source: www.lawgazette.co.uk

‘Catfishing’ sex offender is jailed for a year – Daily Telegraph

Posted September 18th, 2019 in internet, malicious communications, news, sentencing, sexual offences by tracey

‘A convicted sex offender, who posed as a woman on a dating website in order to trick other females into sending him intimate photographs, has been jailed for a year.’

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Daily Telegraph, 17th September 2019

Source: www.telegraph.co.uk

Met Commissioner admits knowing description of Nick as ‘credible and true’ was a mistake at the time – Daily Telegraph

Posted September 18th, 2019 in child abuse, murder, news, perverting the course of justice, police, rape by tracey

‘The Met Commissioner has come under fire over her failure to correct one of her senior officers when he described Nick, the child abuse fantasist, as “credible and true”.’

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Daily Telegraph, 17th September 2019

Source: www.telegraph.co.uk

‘Staggering’ Home Office disregard for innocent people saw thousands lose visas in cheating scandal, MPs say – The Independent

Posted September 18th, 2019 in delay, examinations, fraud, government departments, news, universities, visas by tracey

‘The Home Office showed “staggering” disregard for innocent people during the visa scandal that saw more than 50,000 overseas students accused of cheating and cost taxpayers nearly £20m, MPs have said. The Public Accounts Committee found that hundreds of people were still protesting their innocence at “great personal cost” more than five years after being accused of fraudulently passing English language tests due to the Home Office’s delay in responding to indications that some may have been wrongly caught up in the probe.’

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The Independent, 18th September 2019

Source: www.independent.co.uk

Child victims of human trafficking prosecuted despite CPS rules – The Guardian

‘Young British victims of human trafficking who have been forced to sell drugs in county lines operations are being charged and prosecuted despite guidelines against doing so, the Guardian can reveal.’

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The Guardian, 17th September 2019

Source: www.theguardian.com

More police officers to be armed with Tasers in London – The Independent

Posted September 18th, 2019 in London, news, police, weapons by tracey

‘More police officers in London are to be armed with Tasers following calls for the weapons to be rolled out for their own protection, the commissioner of the Metropolitan Police has said.’

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The Independent, 17th september 2019

Source: www.independent.co.uk

Domestic abuse commissioner Nicole Jacobs ‘relieved’ about new law – BBC News

Posted September 18th, 2019 in bills, cross-examination, domestic violence, news, victims by tracey

‘The first domestic abuse commissioner for England and Wales is “relieved” the prime minister has pledged to re-introduce a new law on the issue.’

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BBC News, 18th September 2019

Source: www.bbc.co.uk

Injunctions, evictions and unrepresented parties – Nearly Legal

Posted September 17th, 2019 in housing, injunctions, landlord & tenant, legal representation, news, repossession by tracey

‘Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019. The kind of thing that happens when neither party is represented…’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Rent Repayment Orders – who is the landlord? – Nearly Legal

Posted September 17th, 2019 in housing, landlord & tenant, licensing, news, rent by tracey

‘Mrs Elanga Longane et al v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision). This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an application for a licence actually made by a landlord. Second, who should a rent repayment order be made against where the ostensible landlord is a company, but the property is owned by the sole director of the company.’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk