Government to undertake review of ‘Retained EU law’, ensure courts have full ability to depart from EU case law “according to normal rules” – Local Government Lawyer

Posted September 20th, 2021 in brexit, data protection, EC law, government departments, news, statute law revision by tracey

‘The Government is to conduct a review of “Retained EU law”, the legislation taken onto the statute book through the European Union (Withdrawal) Act of 2018, Lord Frost has announced.

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Housing disrepair claims and costs – Local Government Lawyer

Posted September 20th, 2021 in costs, housing, landlord & tenant, local government, news, repairs by tracey

‘Social landlords who do not challenge costs are potentially overpaying by tens of thousands of pounds in some of these matters. Alex Bagnall explains how they can secure significant reductions.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Claimant who exaggerated impact of injury not fundamentally dishonest – Legal Futures

Posted September 20th, 2021 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A judge was right to find that a claimant who exaggerated the impact of a serious injury was not fundamentally dishonest, the High Court has ruled.’

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Legal Futures, 20th September 2021

Source: www.legalfutures.co.uk

News focus: Data protection reform – a bonfire, or building back better? – Law Society’s Gazette

Posted September 20th, 2021 in brexit, consultations, data protection, government departments, news by tracey

‘Government plans to streamline the data protection regime aim to foster innovation in the sector, but have also reignited concerns about automated data processing and the erosion of rights.’

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Law Society's Gazette, 20th September 2021

Source: www.lawgazette.co.uk

New landmark partnership with UAE to tackle illicit finance – Home Office

Posted September 20th, 2021 in government departments, money laundering, news, terrorism by tracey

‘The UK and UAE will ramp up the targeting of those financing terrorism and serious and organised crime gangs as part of a landmark new partnership.’

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Home Office, 17th September 2021

Source: www.gov.uk

The online divorce and financial remedy service: How far have we come? And how far can we go? – Family Law

‘From 13 September 2021 it will be mandatory for any divorce petition being issued by a solicitor in England and Wales to be issued via the HMCTS online portal. Paper applications will no longer be permitted. The HMCTS online divorce and financial remedy portal has come a long way since its launch in May 2018 and this is yet another important development for the provision of digital solutions in divorce and financial remedy case.’

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Family Law, 17th September 2021

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 20th, 2021 in legislation by tracey

SI 2021/1057 – The Direct Payments to Farmers (Inspections) (England) Regulations 2021

SI 2021/1062 – The United Kingdom Internal Market Act 2020 (Commencement No. 3) Regulations 2021

SI 2021/1056 – The United Kingdom Internal Market Act 2020 (Maximum Penalty) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 20th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Revenue and Customs v Professional Game Match Officials Ltd [2021] EWCA Civ 1370 (17 September 2021)

Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 (17 September 2021)

High Court (Administrative Court)

King, R (On the Application Of) v The Secretary of State for Education [2021] EWHC 2509 (Admin) (17 September 2021)

Dove v HM Assistant Coroner for Teesside And Hartlepool & Anor [2021] EWHC 2511 (Admin) (17 September 2021)

CHF and CHM (Children), R (On the Application Of) v Newick Ce Primary School & Anor [2021] EWHC 2513 (Admin) (17 September 2021)

Richards, R (On the Application Of) v The Environment Agency [2021] EWHC 2501 (Admin) (16 September 2021)

High Court (Chancery Division)

Motion Picture Capital Ltd [2021] EWHC 2504 (Ch) (17 September 2021)

High Court (Family Division)

Will of His Late Royal Highness the Prince Philip, Duke of Edinburgh, Re The [2021] EWHC 77 (Fam) (16 September 2021)

Great Ormond Street Hospital for Children NHS Foundation Trust v A & Ors [2021] EWHC 2517 (Fam) (15 September 2021)

High Court (Queen’s Bench Division)

Elgamal v Westminster City Council [2021] EWHC 2510 (QB) (15 September 2021)

Source: www.bailii.org

Noisy neighbours spark 67% rise in police complaints – The Guardian

Posted September 20th, 2021 in budgets, complaints, coronavirus, local government, news, noise, police, statistics by tracey

‘Police forces across England faced a sharp increase in complaints about noisy neighbours during last year’s lockdown, with claims that years of cuts have left councils struggling to deal with antisocial behaviour.’

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The Guardian, 19th September 2021

Source: www.theguardian.com

BBC sued for set builder’s death in claim over asbestos – The Guardian

Posted September 20th, 2021 in asbestos, BBC, bereavement, cancer, damages, families, health & safety, industrial injuries, news by tracey

‘The BBC is being sued over the death of a set builder who contracted asbestos-related cancer while working on high-profile dramas including Doctor Who. Richard Evans’s widow, Valerie, is seeking damages from the corporation after it admitted in the high court that it had exposed him to asbestos during his 23 years making and painting sets.’

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The Guardian, 19th September 2021

Source: www.theguardian.com

Henderson Chambers – Third Six Recruitment 2021

Third Six Recruitment 2021

Henderson Chambers is inviting applications for a Third Six to start in Autumn 2021.

Our Third Sixers have 2 seats of 3 months each and will usually be considered for tenancy towards the end of this period. In normal circumstances pupils are expected to go to Court regularly on their own account.

Chambers provides a grant of £28,000 and guaranteed earnings of £7,000.

For more information about Chambers see our website and follow our Twitter feeds @HendersonPupils and @Henderson_Bar.

To apply send a covering letter, CV, references from at least two past supervisors, and a summary of work undertaken so far to pupillages@hendersonchambers.co.uk .

Applications will be considered on a rolling basis but should reach us by 5.00pm on Monday 20th December 2021.

Interviews will be conducted remotely by Zoom video call.

Chambers is a signatory to the Bar Council’s Third Six Pupillage Good Practice Guidelines.

Click here for more info

Firms urged to protect workers from abuse in ‘wild west’ UK gig economy – The Independent

Posted September 20th, 2021 in employment, harassment, news, remuneration, sick leave, trade unions by tracey

‘Gig economy firms are facing calls to better protect their workers, as an MP and a trade union warn of a wave of harassment and physical and emotional abuse facing couriers and taxi drivers.’

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The Independent, 19th September 2021

Source: www.theguardian.com

Ministry of Justice overhaul as prison population predicted to hit nearly 100,000 – Daily Telegraph

Posted September 20th, 2021 in coronavirus, Ministry of Justice, news, police, prisons, sentencing, statistics by tracey

‘The Ministry of Justice (MoJ) is being overhauled in anticipation of a “bow wave” of more than 20,000 extra jailed criminals who will push the prison population to a post-war high of nearly 100,000 by 2026.’

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Daily Telegraph, 19th September 2021

Source: www.telegraph.co.uk

‘My whole world was falling apart’: Father of teenager prosecuted for neo-Nazi terror offences speaks of shock – The Independent

Posted September 20th, 2021 in children, families, news, rehabilitation, terrorism, young offenders by tracey

‘Steve* and his 16-year-old son Tom* were about to fly out of the UK to a family funeral when they heard their names being read out over the public address system at Bristol Airport. They had arrived early to have some food and leave plenty of time before their flight, just two days after receiving news of a loved one’s death. “They just said, ‘Would you please go to gate number one’, which wasn’t our gate,” Steve tells The Independent. “We went there and there were police officers, and they explained they were doing a Schedule 7 port stop under the Terrorism Act.” The power is used at UK borders to stop people entering or leaving the country, and “determine whether they are involved in the commission, preparation or instigation of acts of terrorism”.’

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The Independent, 19th September 2021

Source: www.independent.co.uk

Asylum seeker given £100,000 hospital bill after suffering stroke – The Guardian

Posted September 20th, 2021 in asylum, fees, government departments, hospitals, immigration, medical treatment, news by tracey

‘Simba Mujakachi, a personal trainer, was just 29 years old in June 2019 when he suffered a catastrophic stroke that left him comatose. When he awoke, he was paralysed on his left side and unable to talk or eat. His stroke could have been prevented by relatively inexpensive medication for a blood clotting condition that, as a refused asylum seeker, he was not entitled to on the NHS.’

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The Guardian, 18th September 2021

Source: www.theguardian.com

David Gomoh murder: Gang members jailed for NHS worker stabbing – BBC News

Posted September 17th, 2021 in gangs, imprisonment, murder, news, sentencing by tracey

‘Four gang members have received life sentences for the murder of a “charismatic and intelligent” NHS worker who died in front of his family.’

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BBC News, 17th September 2021

Source: www.bbc.co.uk

Ruling limiting under-16s puberty blockers overturned – BBC News

Posted September 17th, 2021 in children, consent, gender, medical treatment, news, transgender persons by tracey

‘Doctors can judge if under-16s can give informed consent to puberty blocker use, the Court of Appeal has ruled.’

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BBC News, 17th September 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 17th, 2021 in legislation by tracey

SI 2021/1047 – The Pensions Regulator (Employer Resources Test) Regulations 2021

Source: www.legislation.gov.uk

Claimant wins Upper Tribunal appeal over tenancy agreement and housing benefit – Local Government Lawyer

Posted September 17th, 2021 in appeals, benefits, housing, landlord & tenant, local government, news by tracey

‘The London Borough of Sutton has lost a case in the Upper Tribunal over whether a tenancy arrangement was a sham to increase housing benefit.’

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Local Government Lawyer, 16th September 2021

Source: www.localgovernmentlawyer.co.uk

Public procurement update – Local Government Lawyer

Posted September 17th, 2021 in expert witnesses, judicial review, local government, news, public procurement by tracey

‘Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk