Month: November 2019

A novel and effective costs order – Law Society’s Gazette

Posted November 11th, 2019 in budgets, costs, damages, news, striking out by sally

‘In the recent case of Orexim Trading Ltd v Mahavir Port and Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm), Christopher Hancock QC (sitting as a judge of the High Court) made an order against the defendant for payment of costs on account in the event that the defendant failed to comply with an ‘unless order’. Orexim followed the approach of Mr Justice Coulson (as he then was) in Bruce MacInnes v Hans Thomas Gross [2017] EWHC 127 (QB).’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Homelessness: High Court Challenge Against ‘Begging Fines’ Granted – Rights Info

Posted November 11th, 2019 in fines, homelessness, human rights, local government, news, public spaces protection orders by sally

‘Human rights campaigners have launched a landmark legal bid to determine whether homeless people are being “criminalised” by fines against begging and leaving bedding in doorways.’

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Rights Info, 8th November 2019

Source: rightsinfo.org

District judge disallows court fee as disbursement – Law Society’s Gazette

Posted November 11th, 2019 in costs, fees, law firms, news by sally

‘A county court has disallowed a court fee after finding the claimant had failed to apply for remission. District Judge Jenkinson, sitting at Liverpool County Court, ruled in Stoney v Allianz that the £455 fee was not a disbursement reasonably incurred and was not recoverable.’

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Law Society's Gazette, 11th November 2019

Source: www.lawgazette.co.uk

Secretary “humiliated” by comments on 50th birthday loses claim against law firm – Legal Futures

Posted November 11th, 2019 in age discrimination, disclosure, employment, employment tribunals, harassment, law firms, news, public interest, whistleblowers by sally

‘A legal secretary who claimed she felt humiliated and insulted by a colleague commenting on her 50th birthday has lost her claim for harassment and age discrimination against the law firm.’

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Legal Futures, 8th November 2019

Source: www.legalfutures.co.uk

Supreme Court to hear dispute over Local Government Pension Scheme and ethical disinvestment – Local Government Lawyer

Posted November 11th, 2019 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Call for reform of pupil exclusions ‘as schools unaware of legal duties’ – The Guardian

Posted November 11th, 2019 in appeals, disabled persons, disciplinary procedures, equality, learning difficulties, news, school children, school exclusions, statistics by sally

The law reform group Justice has called for a radical overhaul of exclusions amid concerns that too many schools do not fully understand their legal duties and that the appeal process available to parents wishing to challenge an exclusion is inadequate.

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The Guardian, 11th November 2019

Source: www.theguardian.com

Case Comment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

Posted November 11th, 2019 in appeals, class actions, cosmetic surgery, costs, insurance, news, Supreme Court, third parties by sally

‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’

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UKSC Blog, 11th November 2019

Source: ukscblog.com

Assorted – Licensing and prior offences, RROs and Section 8 Notices – Nearly Legal

Posted November 11th, 2019 in appeals, criminal records, housing, landlord & tenant, licensing, local government, news, rent by sally

‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’

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Nearly Legal, 10th November 2019

Source: nearlylegal.co.uk

Tribunal lifts practising controls from ABS accountant – Legal Futures

Posted November 11th, 2019 in accountants, company directors, disciplinary procedures, law firms, news, professional conduct, sanctions, Solicitors Regulation Authority by sally

‘The Solicitors Disciplinary Tribunal (SDT) has lifted practising restrictions on a finance director who was sanctioned less than three years ago, over the objections of the Solicitors Regulation Authority (SRA).’

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Legal Futures, 11th November 2019

Source: www.legalfutures.co.uk

Fracking: How The Police Response Is Threatening The Right To Protest – Rights Info

Posted November 11th, 2019 in demonstrations, energy, environmental protection, freedom of expression, human rights, injunctions, news, police by sally

‘The UK government has announced an immediate moratorium on fracking. The decision came after new scientific analysis concluded it was not possible to “rule out future unacceptable impacts”.’

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Rights Info, 11th November 2019

Source: rightsinfo.org

Sarah Wellgreen death: Taxi driver Ben Lacomba jailed for life for murdering mother of five – The Independent

Posted November 11th, 2019 in domestic violence, married persons, murder, news, sentencing by sally

‘A man who murdered his ex-partner in a “wicked” pre-planned operation has been sentenced to life in prison.’

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The Independent, 9th November 2019

Source: www.independent.co.uk

IPP sentencing regime in England and Wales called ‘deeply harmful’ – The Guardian

Posted November 11th, 2019 in imprisonment, news, prisons, rehabilitation, sentencing, statistics by sally

‘Justice officials in England and Wales are facing renewed calls to deal with thousands of prisoners still jailed under an abolished Kafkaesque sentencing regime that a report has branded “deeply harmful” for families.’

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The Guardian, 10th November 2019

Source: www.theguardian.com

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order – Local Government Lawyer

Posted November 11th, 2019 in charities, consultations, equality, local government, news, road traffic, Sikhism by sally

‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Romanian man pleads guilty to murder of Valerie Graves six years after she was bludgeoned to death with hammer – Daily Telegraph

Posted November 11th, 2019 in burglary, extradition, guilty pleas, murder, news, sentencing by sally

‘Romanian man has pleaded guilty to the murder of an artist nearly six years after she was bludgeoned to death while house-sitting for wealthy friends.’

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Daily Telegraph, 11th November 2019

Source: www.telegraph.co.uk

Justice system ‘will break down’ and criminals go unpunished unless next government spends hundreds of millions, union warns – The Independent

Posted November 11th, 2019 in budgets, criminal justice, Crown Prosecution Service, news, police, statistics, trade unions by sally

‘The justice system “will break down” and allow crimes to go unpunished if the next government does not provide hundreds of millions of pounds in investment, it has been warned.’

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The Independent, 11th November 2019

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 11th, 2019 in legislation by tracey

The Church Representation and Ministers Measure 2019 (Commencement) Order 2019

The Civil Partnership (Opposite-sex Couples) Regulations 2019

Source: www.legislation.gov.uk

Mother to sue justice ministry after probation errors led to son’s murder – The Guardian

Posted November 11th, 2019 in bereavement, causing death of children or vulnerable adults, contracting out, domestic violence, families, inquests, Ministry of Justice, murder, news, probation, recidivists, violent offenders, women by sally

‘The Ministry of Justice is to be sued by the mother of a five-year-old boy who was murdered by her boyfriend after an inquest concluded that defects in the probation system contributed to his death.’

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The Guardian, 9th November 2019

Source: www.theguardian.com

Expert who “fall short” face “much more robust” response – Litigation Futures

Posted November 11th, 2019 in case management, contempt of court, expert witnesses, judiciary, news, perjury, professional conduct, suspended sentences by sally

‘Expert witnesses who “fall short of the mark” face a “much more and properly robust” response from the courts, a recently retired Court of Appeal judge has warned.’

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Litigation Futures, 11th November 2019

Source: www.litigationfutures.com

Law degrees unnecessarily homogenous, research finds – Legal Futures

Posted November 11th, 2019 in legal education, news, standards, universities by sally

‘Law schools are not taking advantage of the “enormous regulatory freedom” they have and instead are largely all offering the same kind of law degree, new research has found.’

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Legal Futures, 11th November 2019

Source: www.legalfutures.co.uk

Teenager jailed for murder of Ellie Gould – The Guardian

Posted November 11th, 2019 in bereavement, domestic violence, families, murder, news, sentencing, victims, young offenders by sally

‘The family of a 17-year-old girl brutally murdered by a fellow sixth-former the day after she ended their relationship have said the killer should never be released from prison.’

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The Guardian, 8th November 2019

Source: www.theguardian.com