Plan to opt out of rights accords in future wars dangerous, inquiry hears – The Guardian

‘Government plans to opt out of international human rights agreements in future conflicts would be dangerous and prevent British soldiers from obtaining justice, according to evidence submitted to a parliamentary inquiry by the Law Society and Liberty.’

Full story

The Guardian, 24th April 2017

Source: www.guardian.co.uk

Woman who set up male-only divorce law firm says men are the ‘biggest losers’ in cases – The Independent

Posted April 25th, 2017 in divorce, gender, law firms, news by sally

‘A lawyer who set up her own firm specifically to help men in divorce proceedings has said it is men who are often the “biggest losers” in cases, not women.’

Full story

The Independent, 24th April 2017

Source: www.independent.co.uk

No direct right in restitution against HMRC for investment trust companies, rules Supreme Court – OUT-LAW.com

Posted April 25th, 2017 in financial regulation, HM Revenue & Customs, news, restitution by sally

‘A group of investment trust companies (ITCs) cannot make out an ‘unjust enrichment’ claim against HM Revenue and Customs (HMRC) in order to recover VAT paid to their investment managers (managers) due to a mistake of law, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 25th April 2017

Source: www.out-law.com

High Court fast-tracks challenge to environmental costs reforms – Litigation Futures

Posted April 25th, 2017 in charities, costs, environmental protection, news by sally

‘The High Court has fast-tracked a judicial review brought by three charities challenging the new costs regime for cases involving the environment.’

Full story

Litigation Futures, 24th April 2017

Source: www.litigationfutures.com

Disputed trusteeship: Shergill v Khaira yet again – Law & Religion UK

Posted April 25th, 2017 in news, Sikhism, succession, trusts by sally

‘The Chancery Division has handed down the latest judgment in the long-running saga about the disputed trusteeship of two Sikh gurdwaras in High Wycombe and Birmingham. In Shergill & Ors v Khaira & Ors [2017] EWHC 883 (Ch), HHJ Purle QC, sitting as a Judge of the High Court, found for the claimants.’

Full story

Law & Religion UK, 21st April 2017

Source: www.lawandreligionuk.com

Henry Pearce: Some Thoughts on the Encryption Regulatory Debate – UK Constitutional Law Association

‘Debates about the regulation of encryption technologies and surveillance have been around for decades. It is in unfortunate circumstances that these debates have now been thrust back into the public eye. Following the horrifying Westminster attack which occurred on 22nd March 2017 Amber Rudd, the UK’s Home Secretary, has been very vocal in suggesting that in order for the police and security services to be able to effectively investigate and prevent future terrorist acts they must be given access to over-the-top messaging services that utilise end-to-end encryption, such as WhatsApp. (End-to-end encryption services can generally be described as those which allows for conversations to be read only by the sender and recipient of individual messages, meaning that such messages cannot be intercepted and read by a third party.) Her comments appeared to have been driven by the fact that Khalid Masood, the perpetrator of the attack, had used WhatsApp shortly before commencing his appalling actions. In particular, Rudd has claimed it is “unacceptable” that governmental agencies were unable to read messages protected by WhatsApp’s end-to-end encryption, and in an interview given to the BBC on Sunday 26th March, intimated that she would consider pursuing the enactment of new legislation which would require the providers of encrypted messaging services to grant access to the UK intelligence agencies. This sentiment has since broadly been endorsed by the UK government.’

Full story

UK Constitutional Law Association, 25th April 2017

Source: www.ukconstitutionallaw.org

Fall in decisions for adoption orders halted but local variation remains: report – Local Government Lawyer

Posted April 25th, 2017 in adoption, guardianship, local government, news, placement orders, reports by sally

‘The fall in decisions for adoption and placement orders seems to have halted but this masks a high degree of variation in decision-making at a local and regional level, data collected by the Adoption Leadership Board has suggested.’

Full story

Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Child sex offender worked at schools cricket association with ECB permission – The Guardian

Posted April 25th, 2017 in charities, child abuse, news, sexual offences, sport, teachers, vetting by sally

‘The England and Wales Cricket Board’s child protection policies are likely to come under close scrutiny after it emerged a convicted child sex offender worked at a schools cricket association with written permission from the ECB – and also attended junior cricket festivals in the company of an ECB executive.’

Full story

The Guardian, 24th April 2017

Source: www.guardian.co.uk

Anthony McSweeney case: Abuse priest failings found – BBC News

Posted April 25th, 2017 in child abuse, clergy, news, reports, sexual offences by sally

‘Concerns raised about a Catholic priest later jailed for sexual assault were not acted upon or taken seriously by the Church, a review has found.’

Full story

BBC News, 23rd April 2017

Source: www.bbc.co.uk

Northern Waters – Nearly Legal

Posted April 25th, 2017 in contracts, housing, local government, news, rent, service charges, water, water companies by sally

‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’

Full story

Nearly Legal, 23rd April 2017

Source: www.nearlylegal.co.uk

Debating the right to die – OUP Blog

Posted April 25th, 2017 in assisted suicide, euthanasia, human rights, news, suicide by sally

‘There are so many reasons why we value and promote choice and autonomy. The country and news media quite rightly protests with outrage when bad things happen to good people as their lives and civil liberties are destroyed by acts of terrorism and grievous crimes.’

Full story

OUP Blog, 21st April 2017

Source: www.blog.oup.com

Woman jailed over Facebook birthday message death crash – BBC News

‘A woman who was trying to send a message on Facebook when she crashed into a pensioner’s car, killing him, has been jailed for 27 months.’

Full story

BBC News, 24th April 2017

Source: www.bbc.co.uk

Court rules woman can keep her red and white striped townhouse – The Guardian

Posted April 25th, 2017 in appeals, freedom of expression, housing, London, news, planning by sally

‘A woman who angered her neighbours by decorating her multimillion-pound townhouse with red and white stripes can ignore a planning order to repaint the property, the high court has ruled.’

Full story

The Guardian, 24th April 2017

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 24th, 2017 in legislation by Verity

The Police (Complaints and Misconduct) (Amendment) Regulations 2017

The Childcare Payments Act 2014 (Commencement No. 3 and Transitional Provisions) Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent decisions

Posted April 24th, 2017 in law reports by tracey

High Court (Administrative Court)

Jayes, R (On the Application Of) v Hamilton [2017] EWHC 874 (Admin) (13 April 2017)

High Court (Chancery Division)

Pinfold v Ansell & Ors [2017] EWHC 889 (Ch) (21 April 2017)

Ashcroft & Anor v Webster [2017] EWHC 887 (Ch) (21 April 2017)

Abdulla v Whelan & Ors [2017] EWHC 605 (Ch) (20 April 2017)

Source: www.bailii.org

Devolution in England: a review – UCL Constitution Unit

Posted April 24th, 2017 in devolution, legal history, London, news by tracey

‘On Monday 10 April Professor Tony Travers of the London School of Economics (LSE) spoke at a Constitution Unit seminar on devolution in England. The talk covered the history of English devolution, international comparisons, and some thoughts for the future amidst the current Brexit-dominated political landscape. Kasim Khorasanee reports.’

Full story

UCL Constitution Unit, 24th April 2017

Source: www.ucl.ac.uk/constitution-unit

Baroness Shields’ speech at the National Security Agency – Home Offcie

Posted April 24th, 2017 in intelligence services, internet, news, parliament, sex discrimination, women by tracey

‘Delivered to the fifth Annual Intelligence Community (IC) Women’s Summit.’

Full speech

Home Office, 21st April 2017

Source: www.gov.uk/home-office

Council hails £222k confiscation order – Law Society’s Gazette

Posted April 24th, 2017 in confiscation, local government, London, news, planning, proceeds of crime by tracey

‘Less than a month after local authority lawyers were told to consider the Proceeds of Crime Act (POCA) as a way to generate income, an East London council has announced its biggest court payout to date. The London Borough of Barking & Dagenham said that an east London landlord has been given a £222,000 confiscation order following a POCA application brought by the council before Snaresbrook Crown Court.’

Full story

Law Society’s Gazette, 24th April 2017

Source: www.lawgazette.co.uk

Lawyers must be able to bring cases against government ‘without fear of reprisals’ – The Guardian

‘Lawyers must be able to bring cases against the government “without fear of recrimination or reprisals”, the high-profile solicitors’ firm Leigh Day has declared on the eve of its trial for alleged professional misconduct.’

Full story

The Guardian, 24th April 2017

Source: www.guardian.co.uk

Anti-racist group Hope Not Hate sues Nigel Farage for libel – The Independent

Posted April 24th, 2017 in charities, damages, defamation, news by tracey

‘Anti-racist group Hope Not Hate is suing Nigel Farage for libel after he alleged that it makes use of “violence” in its campaigning.’

Full story

The Independent, 23rd April 2017

Source: www.independent.co.uk