Supreme Court gives permission to appeal in capacity to consent to sexual relations case – Local Government Lawyer

Posted May 6th, 2021 in appeals, autism, consent, Court of Protection, news, Supreme Court by sally

‘The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Parents of disabled child win fight against UK hotel quarantine – The Guardian

‘A severely disabled child who was forced to go into hotel quarantine after returning from a “red list” country has been allowed to return home to complete their period of self-isolation after a legal challenge.’

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The Guardian, 5th May 2021

Source: www.theguardian.com

High Court judge revokes adoption orders after acknowledging “exceptional circumstances” – Local Government Lawyer

Posted May 6th, 2021 in adoption, care orders, human rights, local government, news by sally

‘A judge in the Family Division of the High Court has revoked adoption orders for an 18 year old (A) and a 16 year old (B) after concluding that there were “compelling highly exceptional and particular circumstances” that supported such a step.’

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Local Government Lawyer, 5th May 2021

Source: www.localgovernmentlawyer.co.uk

Trial set for “most serious allegations” made against solicitors in civil courts – Legal Futures

Posted May 6th, 2021 in kidnapping, news, rendition, solicitors, torture by sally

‘What a High Court judge said yesterday were among “the most serious allegations ever levelled against English solicitors in civil proceedings” will be heard in January 2023, he has decided.’

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Legal Futures, 6th May 2021

Source: www.legalfutures.co.uk

Face masks in schools: Schoolgirl loses court fight – BBC News

‘A girl has lost a High Court battle to prevent her school from “requiring or encouraging” pupils to wear a face mask.’

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BBC News, 5th May 2021

Source: www.bbc.co.uk

Meghan wins copyright claim against Mail on Sunday over letter – The Guardian

Posted May 6th, 2021 in copyright, media, news, royal family by sally

‘The Duchess of Sussex has won her copyright claim over a personal letter to her estranged father, which, the high court heard, she had drafted on her iPhone and worked on for many hours before transcribing by hand.’

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The Guardian, 5th May 2021

Source: www.theguardian.com

New Acts – legislation.gov.uk

2021 c. 14 – Forensic Science Regulator Act 2021

2021 c. 11 – Counter-Terrorism and Sentencing Act 2021

2021 c. 25 – National Security and Investment Act 2021

Overseas Operations (Service Personnel and Veterans) Act 2021

2021 c. 17 – Domestic Abuse Act 2021

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 6th, 2021 in legislation by tracey

The Education (School Day and School Year) (England) (Coronavirus) (Amendment) Regulations 2021

The British Museum (Authorised Repositories) Order 2021

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) (No. 2) Order 2021

The Church of England (Miscellaneous Provisions) Measure 2020 (Commencement No. 2) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 6th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Manek & Ors v IIFL Wealth (UK) Ltd & Ors (2) [2021] EWCA Civ 625 (04 May 2021)

High Court (Administrative Court)

The 3million Ltd, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1159 (Admin) (05 May 2021)

Salmon v Leeds Crown Court [2021] EWHC 1076 (Admin) (04 May 2021)

Hertfordshire County Council & Ors v Secretary of State for Housing, Communities And Local Government [2021] EWHC 1145 (Admin) (04 May 2021)

High Court (Chancery Division)

MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch) (04 May 2021)

Clitheroe, Re Probate [2021] EWHC 1102 (Ch) (04 May 2021)

Anan Kasei Co., Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors [2021] EWHC 1035 (Ch) (04 May 2021)

Oyston & Anor v Rubin & Anor [2021] EWHC 1120 (Ch) (04 May 2021)

One Blackfriars Ltd, Re [2021] EWHC 1150 (Ch) (30 April 2021)

Hyde & Anor (Liquidators of One Blackfriars Ltd) v Nygate & Anor [2021] EWHC 1151 (Ch) (30 April 2021)

High Court (Commercial Court)

Alpha Marine Corp v Minmetals Logistics Zhejiang Co Ltd (MV Smart) [2021] EWHC 1157 (Comm) (05 May 2021)

Harbour Fund III, LP v Kazakhstan Kagazy Plc & Ors [2021] EWHC 1128 (Comm) (05 May 2021)

Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 1117 (Comm) (30 April 2021)

PJSC National Bank Trust & Ors v Mints & Ors [2021] EWHC 1089 (Comm) (30 April 2021)

Alta Trading UK Ltd (Formerly Arcadia Petroleum Ltd) & Ors v Bosworth & Ors [2021] EWHC 1126 (Comm) (30 April 2021)

High Court (Family Division)

AX v BX & Ors (Revocation of Adoption Order) [2021] EWHC 1121 (Fam) (23 April 2021)

High Court (Queen’s Bench Division)

Al Sadeq v Dechert LLP & Ors [2021] EWHC 1149 (QB) (05 May 2021)

Cheshire East Borough Council v Maloney [2021] EWHC 1156 (QB) (04 May 2021)

Source: www.bailii.org

Mikołaj Barczentewicz: Should Cart Judicial Reviews be Abolished? Empirically Based Response – UK Constitutional Law Association

‘The Government adopted a recommendation of the Independent Review of Administrative Law that Cart judicial reviews should be abolished. The reasons given by the Review for that recommendation have been criticised on this blog by Joe Tomlinson & Alison Pickup and by Joanna Bell. The Review (and the Government) claimed that there is only a 0.22% rate of success in Cart judicial reviews (“Cart JRs”), which makes the expenditure of judicial resources on dealing with Cart claims disproportionate. Tomlinson & Pickup and Bell noted that this figure is almost certainly incorrect, but they were not able to say what the true rate of success is due to the unavailability of necessary data. To address that, I conducted an unprecedented empirical study concluding that the success rate of Cart reviews is at least over ten times higher than the Review’s calculation. Here, I briefly summarize the results of my study and argue that in the light of that evidence the Government should propose to put the Cart procedure on a statutory footing, but not abolish it.’

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UK Constitutional Law Association, 5th May 2021

Source: ukconstitutionallaw.org

Retaining shares following litigation did not trigger DBA payment – Litigation Futures

Posted May 5th, 2021 in damages, fees, law firms, news, shareholders, solicitors by sally

‘A client who retained shares as part of a settlement but did not recover anything from the other party was not liable to pay his solicitors anything under a damages-based agreement (DBA), the High Court has ruled.’

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Litigation Futures, 4th May 2021

Source: www.litigationfutures.com

Windrush scandal: Concern over wait for compensation – BBC News

‘Campaigners say they are concerned about the low number of compensation payments to victims of the Windrush scandal.’

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BBC News, 4th May 2021

Source: www.bbc.co.uk

Immigration and civil litigation hit hardest by Covid-19 – Legal Futures

‘Immigration and civil litigation were the two areas of legal practice hit hardest by the pandemic last year, with private client and family law “insulated” from the impact, new research has found.’

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Legal Futures, 5th May 2021

Source: www.legalfutures.co.uk

Pret A Manger cleared of allergy offence after student’s collapse – BBC News

Posted May 5th, 2021 in allergies, food, health & safety, labelling, news by sally

‘Pret A Manger has been found not guilty of a food safety offence after a student suffered a severe allergic reaction.’

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BBC News, 4th May 2021

Source: www.bbc.co.uk

More trafficking victims facing forcible removal from UK under rule change – The Guardian

‘More victims of trafficking will be locked up in detention and forcibly removed from the UK after MPs approved a change in Home Office rules relating to this vulnerable group, campaigners have warned.’

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The Guardian, 5th May 2021

Source: www.theguardian.com

Ep 143: Henry VIII Powers undermining parliamentary supremacy – Law Pod UK

‘In this episode, Rosalind English discusses with Sarabjit Singh and Isabel McArdle of 1 Crown Office Row a number of laws containing “Henry VIII” powers which allow ministers to avoid full parliamentary debate.’

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Law Pod UK, 4th May 2021

Source: audioboom.com

Entrepreneur with “strong views on breastfeeding” unfairly dismissed lawyer – Legal Futures

‘A Russian entrepreneur based in the UK with “strong views on the importance of breastfeeding” unfairly dismissed a lawyer after she took maternity leave, an employment tribunal has ruled.’

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Legal Futures, 5th May 2021

Source: www.legalfutures.co.uk

Child marriage ‘thriving in UK’ due to legal loophole, warn rights groups – The Guardian

Posted May 5th, 2021 in children, forced marriages, marriage, news, young persons by sally

‘A legal loophole that allows 16- and 17-year-olds in England and Wales to marry with parental consent is being exploited and used to coerce young people into child marriage, campaigners have warned.’

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The Guardian, 4th May 2021

Source: www.theguardian.com

Killer jailed after concealing victim’s body in suitcases – BBC News

Posted May 5th, 2021 in imprisonment, murder, news, sentencing by sally

‘A woman who murdered and concealed the remains of her former friend in two suitcases has been jailed.’

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BBC News,4th May 2021

Source: www.bbc.co.uk

Police watchdog threatened with legal action over inquiry into man’s death – The Guardian

‘The police watchdog has been threatened with legal action for refusing to investigate whether the conduct of officers who restrained a man for a significant period of time committed a criminal offence or that their behaviour amounts to misconduct.’

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The Guardian, 4th May 2021

Source: www.theguardian.com