Day: 28 October 2019

Exhumation and reburial of Captain Matthew Flinders – Law & Religion UK

Posted October 28th, 2019 in burials and cremation, ecclesiastical law, news, railways by tracey

‘This post reviews the secular and ecclesiastical legislation involved in the exhumation of Captain Flinders’ remains, discovered during the archaeological investigation at Euston Station, London, and their reburial in rural Lincolnshire. It updates an earlier post and incorporates the helpful Comments made and subsequent new information, and clarifies the legislative requirements involved.’

Full Story

Law & Religion UK, 28th October 2019

Source: www.lawandreligionuk.com

Brands can claim exclusive rights to a colour – OUT-LAW.com

Posted October 28th, 2019 in copyright, intellectual property, medicines, news by tracey

‘A recent ruling shows that businesses require strong evidence from customer surveys or expert witnesses to demonstrate the link between a colour and their brand to prevent rivals using the same colour to market their products, an expert in intellectual property law has said.’

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OUT-LAW.com, 25th October 2019

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 28th, 2019 in legislation by tracey

The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019

The Small-scale Radio Multiplex and Community Digital Radio Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 28th, 2019 in legislation by tracey

Court of Appeal (Civil Division)

Aldred v Cham [2019] EWCA Civ 1780 (25 October 2019)

BF (Albania) v The Secretary of State for the Home Department [2019] EWCA Civ 1781 (25 October 2019)

(Algeria) v The Secretary of State for the Home Department [2019] EWCA Civ 1763 (24 October 2019)

Court of Appeal (Criminal Division)

Pringle v R. [2019] EWCA Crim 1722 (17 October 2019)

High Court (Administrative Court)

)Solicitors Regulation Authority v Dar [2019] EWHC 2831 (Admin) (25 October 2019)

Professional Standards Authority for Health And Social Care v Health And Care Professions Council & Anor [2019] EWHC 2819 (Admin) (25 October 2019)

)Electronic Collar Manufacturers Association & Anor v The Secretary of State for Environment, Food and Rural Affairs [2019] EWHC 2813 (Admin) (24 October 2019)

Jones v Crown Prosecution Service & Anor [2019] EWHC 2826 (Admin) (24 October 2019)

High Court (Chancery Division)

Blatchford Ltd v Blatchford & Ors [2019] EWHC 2743 (Ch) (24 October 2019)

Affinity Workforce Solutions Ltd v McCann & Ors [2019] EWHC 2829 (Ch) (24 October 2019)

High Court (Commercial Court)

New Balance Athletics, Inc v The Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm) (25 October 2019)

Munich RE Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm) (25 October 2019)

High Court (Queen’s Bench Division)

Alesco Risk Management Services Ltd & Ors v Bishopsgate Insurance Brokers Ltd & Ors [2019] EWHC 2839 (QB) (25 October 2019)

BCG Brokers LP & Ors v Tradition (UK) Ltd & Ors [2019] EWHC 2845 (QB) (25 October 2019)

Ager v Career Development Finance Ltd & Ors [2019] EWHC 2830 (QB) (25 October 2019)

Emambee v London Borough of Islington [2019] EWHC 2835 (QB) (25 October 2019)

Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB) (24 October 2019)

Source: www.bailii.org

Separated migrant children given better access to legal aid – Ministry of Justice

Posted October 28th, 2019 in children, families, immigration, legal aid, Ministry of Justice, press releases by tracey

‘Vulnerable migrant children who have been separated from their parents will get quicker and simpler access to legal aid, after new government legislation came into force today (25 October 2019). The Legal Aid for Separated Children Order 2019 will bring non-asylum immigration and citizenship matters into the scope of legal aid for under 18s who are not in the care of a parent, guardian or legal authority.’

Full press release 

Ministry of Justice, 25th October 2019

Source: www.gov.www.gov.uk/government/organisations/ministry-of-justice

Claimant faces £400,000 credit hire bill in “extreme” case – Litigation Futures

Posted October 28th, 2019 in accidents, compensation, insurance, news, road traffic by tracey

‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’

Full Story

Litigation Futures, 25th October 2019

Source: www.litigationfutures.com

Serious misconduct “does not mean automatic strike-off” – Legal Futures

Posted October 28th, 2019 in appeals, conveyancing, disciplinary procedures, fines, fraud, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by tracey

‘A finding of serious misconduct against a solicitor does not require striking off or an immediate suspension from practice, the High Court has ruled.’

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Legal Futures, 28th October 2019

Source: www.legalfutures.co.uk

Wife fails to overturn financial award made in arbitration – Family Law

Posted October 28th, 2019 in appeals, arbitration, divorce, families, family courts, financial dispute resolution, news by tracey

‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’

Full Story

Family Law, 23rd October 2019

Source: www.familylaw.co.uk

Hallett urges ‘zero tolerance’ on sexual harassment – Law Society’s Gazette

Posted October 28th, 2019 in barristers, diversity, equality, harassment, judges, legal profession, news, sex discrimination, sexual offences, solicitors, women by tracey

‘A senior judge has called on all organisations to provide a mentor for employees affected by sexual harassment or discrimination. Lady Justice Hallett told an event celebrating women in the judiciary last night that many women who qualified in the 1950s, 1960s and 1970s suffered sexual assault, discrimination and being patronised, but kept their heads down and hoped eventually their abilities would be recognised. They feared, “as some women today still fear”, they would be considered a trouble maker and their careers would suffer if they reported anyone.’

Full speech

 

Full Story

Law Society's Gazette, 25th October 2019

Source: www.lawgazette.co.uk

Family of teenager who died from lethal ecstasy dose support drug legalisation – The Guardian

Posted October 28th, 2019 in bereavement, drug abuse, drug offences, families, news by tracey

‘A mother in Devon who prevented two young dealers that had sold her son lethal ecstasy tablets from going to jail has warned that home secretary Priti Patel’s vow to renew the “war on drugs” is doomed to fail.’

Full Story

The Guardian, 27th October 2019

Source: www.theguardian.com

NHS chiefs attempt to blacklist homeopathy amid anti-vax fears – Daily Telegraph

Posted October 28th, 2019 in medical treatment, medicines, news, statistics by tracey

‘NHS leaders have gone to war on homeopathy by attempting to have the practice blacklisted amid fears it is fuelling anti-vax propaganda. The chief executive and medical director of NHS England have written to the Professional Standards Authority (PSA), the statutory body that oversees healthcare regulation, urging it to strip accreditation from the Society of Homeopaths (SoH).’

Full Story

Daily Telegraph, 28th October 2019

Source: www.telegraph.co.uk

Frozen eggs storage 10-year limit ‘should be changed’ – BBC News

Posted October 28th, 2019 in medical treatment, news, pregnancy, time limits by tracey

‘There is no scientific reason for the 10-year limit on storage of frozen eggs, which is forcing some women to destroy them before they are ready to become parents, say fertility experts. Under UK law, only eggs stored for medical reasons and premature infertility can be kept for longer. The regulator says any change would be a matter for parliament.’

Full Story

BBC News, 28th October 2019

Source: www.bbc.co.uk

Army’s ‘failure to learn’ from training heat deaths of ‘grave concern’, coroner rules – The Independent

Posted October 28th, 2019 in armed forces, coroners, health & safety, inquests, news by tracey

‘A coroner has pledged to write to the defence secretary after an inquest into the death of a soldier on a training exercise raised “grave concerns” over the army’s “ability to learn from previous mistakes”.’

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The Independent, 26th October 2019

Source: www.independent.co.uk

Grenfell families must sign gagging orders to view report – Daily Telegraph

Posted October 28th, 2019 in accidents, bereavement, families, fire, fire services, inquiries, news, non-disclosure agreements, professional conduct, reports by tracey

‘Grenfell families are to be required to sign non disclosure agreements before viewing a long-awaited report in to the fire which killed 72 people, The Daily Telegraph can disclose. The bereaved and survivors of the tragedy will tomorrow meet Sir Martin Moore-Bick, chairman of the Grenfell Tower Inquiry, for a private briefing where they will receive an embargoed copy of the report covering the probe’s first phase, ahead of its publication on Wednesday.’

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Daily Telegraph, 27th October 2019

Source: www.telegraph.co.uk

Rape victims face ‘culture of disbelief’ despite #MeToo movement, says commissioner – The Independent

Posted October 28th, 2019 in criminal justice, Crown Prosecution Service, news, police, prosecutions, rape, sexual offences, statistics, victims by tracey

‘People who are raped face a “culture of disbelief” when trying to obtain justice, the Victims’ Commissioner for England and Wales has said. Dame Vera Baird QC said a combination of myths surrounding rape and a drop in the number of prosecutions, despite record volumes of cases being reported to police, meant many victims feel like they were unsupported by the criminal justice system.’

Full Story

The Independent, 27th October 2019

Source: www.independent.co.uk