Follower notices invalid, says Court of Appeal – OUT-LAW.com

‘The Court of Appeal in England has quashed follower notices issued to a participant in a film partnership on the basis that tax authority HM Revenue & Customs (HMRC) could not have been of the opinion that the judicial ruling they were based on was relevant to the taxpayer’s case.’

Full Story

OUT-LAW.com, 14th November 2019

Source: www.pinsentmasons.com

Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements – Local Government Lawyer

Posted November 15th, 2019 in adoption, children, delay, families, immigration, jurisdiction, local government, news, visas by tracey

‘An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled.’

Full Story

Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders “unprecedented” second retrial in care proceedings following death of 10-year-old girl – Local Government Lawyer

‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’

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Local Government Lawyer, 15th November 2019

Source: www.localgovernmentlawyer.co.uk

Late evidence does not mean automatic protocol exit – Litigation Futures

Posted November 15th, 2019 in appeals, civil procedure rules, costs, damages, employment, evidence, news, pre-action conduct by tracey

‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’

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Litigation Futures, 14th November 2019

Source: www.litigationfutures.com

The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019 – Courts and Tribunals Judiciary

Posted November 15th, 2019 in courts, judges, legal history, speeches by tracey

‘The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019.’

Full speech

Courts and Tribunals Judiciary, 15th November 2019

Source: www.judiciary.uk

BAILII: Recent Decisions

Posted November 15th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

A (No. 2) (Children: Findings of Fact) [2019] EWCA Civ 1947 (14 November 2019)

Court of Appeal (Criminal Division)

Idahosa v R [2019] EWCA Crim 1953 (14 November 2019)

High Court (Chancery Division)

BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor [2019] EWHC 3034 (Ch) (15 November 2019)

Williams & Anor v Carraway Guildford (Nominee A) Ltd & Ors [2019] EWHC 3073 (Ch) (14 November 2019)

High Court (Commercial Court)

Sabbagh v Khoury & Ors [2019] EWHC 3004 (Comm) (14 November 2019)

High Court (Family Division)

AY v AS [2019] EWHC 3043 (Fam) (14 November 2019)

High Court (Queen’s Bench Division)

ABC v Google LLC [2019] EWHC 3020 (QB) (14 November 2019)

Source: www.bailii.org

Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette

‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’

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Law Society's Gazette, 14th November 2019

Source: www.lawgazette.co.uk

Defendant pays an extra £65,000 after fractional Part 36 defeat – Law Society’s Gazette

Posted November 15th, 2019 in contracts, costs, damages, interest, news, part 36 offers by tracey

‘A losing party has been ordered to pay an extra £65,000 after declining to settle a case over a difference amounting to less than £5,000.’

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Law Society's Gazette, 15th November 2019

Source: www.lawgazette.co.uk

Man jailed for life for Isle of Wight chainsaw attack murder – The Guardian

Posted November 15th, 2019 in murder, news, sentencing by tracey

‘The trustee of a communal vegetable garden on the Isle of Wight has been jailed for at least 25 years after murdering a fellow project worker by attacking him with a chainsaw and strangling him.’

Full Story

The Guardian, 14th November 2019

Source: www.theguardian.com

Man jailed for paralysing Amazon delivery driver – BBC News

Posted November 15th, 2019 in assisting offenders, attempted murder, grievous bodily harm, news, sentencing, theft by tracey

‘A driver who left an Amazon delivery worker paralysed from the waist down by dragging him along a road for almost 100m has been jailed for 12 years.’

Full Story

BBC News, 14th November 2019

Source: www.bbc.co.uk

Number of criminals given immediate custodial sentences at lowest level for a decade – Daily Telegraph

Posted November 15th, 2019 in criminal justice, fines, imprisonment, Ministry of Justice, news, sentencing, statistics by tracey

‘The number of convicted criminals who are sent straight to jail is at its lowest level for a decade, despite crime rising steadily over the same period, the latest figures have revealed.’

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Daily Telegraph, 14th November 2019

Source: www.telegraph.co.uk

Illegal steroid operation gang jailed over £65m distribution – BBC News

Posted November 15th, 2019 in conspiracy, drug offences, drug trafficking, gangs, news, sentencing by tracey

‘A group of men who ran an operation worth more than £65m distributing illegal steroids have been jailed.’

Full Story

BBC News, 14th November 2019

Source: www.bbc.co.uk

Millionaire who claimed his girlfriend died accidentally after ‘rough sex’ loses appeal against prison sentence – The Independent

‘A millionaire property tycoon who left his injured and bleeding partner to die after claiming she had been injured during “rough sex” has lost an appeal to have his prison sentence cut.’

Full Story

The Independent, 14th November 2019

Source: www.independent.co.uk

Rape victims who had cases dropped could demand review over ‘secret prosecution targets’ – The Independent

‘Rape victims whose alleged attackers were not prosecuted could have their cases reviewed in light of the exposure of “secret targets”, a watchdog has said.’

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The Independent, 15th November 2019

Source: www.independent.co.uk

Victims of bank transfer scams risk being left unprotected – The Guardian

Posted November 15th, 2019 in banking, codes of practice, compensation, fraud, news, victims by tracey

‘Bank transfer scam victims risk being left unprotected from January after the industry failed to agree a plan to compensate people. More than £1m a day is being lost to scams in which people are duped into authorising a payment to an account controlled by a criminal. The failure to agree a protection plan may make it more likely that the next government will step in.’

Full Story

The Guardian, 15th December 2019

Source: www.theguardian.com

Childline reports 16% increase in victims of sexual exploitation – The Guardian

‘The number of child sexual exploitation victims counselled by Childline has risen by 16% in a year, with perpetrators believed to be increasingly preying on targets online.’

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The Guardian, 15th November 2019

Source: www.theguardian.com

Tommy Robinson appears in High Court over ‘very serious allegations’ about Syrian child bullied in viral video – The Independent

‘Tommy Robinson has appeared at the High Court over his comments about a Syrian refugee boy who was filmed being attacked at his school in Huddersfield.’

Full Story

The Independent, 15th November 2019

Source: www.independent.co.uk

Former minister’s son branded ‘manipulative’ as he is jailed for seven years for killing toddler with car seat – Daily Telegraph

‘A former minister’s son has been branded “manipulative and cunning” as he was jailed for seven years for killing a three-year-old with a car seat.’

Full Story

Daily Telegraph, 14th November 2019

Source: www.telegraph.co.uk

Michael Weir guilty of 1998 ‘double jeopardy’ murders – BBC News

Posted November 15th, 2019 in DNA, double jeopardy, forensic science, murder, news, retrials by tracey

‘A jewel thief who beat two elderly people to death in their own homes has been convicted of their murders two decades on.’

Full Story

BBC News, 14th November 2019

Source: www.bbc.co.uk