Guidance on “Ruined Churches” – Law & Religion UK

‘ChurchCare has published a CBC Guidance Note on Ruined Churches, (“the Note”). Whilst much of the 14-page document is concerned with explaining the options available to dioceses and parishes for the management of these buildings, it also includes a brief summary of the law relevant to this little-explored area.’

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Law & Religion UK, 24th July 2017

Source: www.lawandreligionuk.com

A driving conviction stopped me from becoming a barrister – The Guardian

Posted July 24th, 2017 in barristers, criminal records, Crown Prosecution Service, news by sally

‘The Crown Prosecution Service signed up to give everyone a fair chance to apply for jobs, including those with criminal records – but it has a long way to go.’

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The Guardian, 22nd July 2017

Source: www.theguardian.com

Consultation on changing legal gender to be launched – BBC News

Posted July 24th, 2017 in consultations, equality, gender, news, transgender persons by sally

‘The UK government is considering plans to make the process of changing legal gender easier.’

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BBC News, 23rd July 2017

Source: www.bbc.co.uk

Ministers ‘undermined law’ over Iraq war crimes allegations – The Guardian

‘The government has been accused of undermining the rule of law by putting pressure on an independent regulator in its action against a legal firm pursuing claims of human rights abuses involving British troops in Iraq.’

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The Guardian, 22nd July 2017

Source: www.theguardian.com

Council victorious in appeal over sex shop licensing fees – OUT-LAW.com

‘Westminster City Council can recover “reasonable” licensing fees and enforcement costs charged to various sex shops in Soho, London, even though these fees were later found to be in breach of an EU directive, the UK’s highest court has ruled.’

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OUT-LAW.com, 21st July 2017

Source: www.out-law.com

Brexit: what happens to international litigation? – OUP Blog

Posted July 24th, 2017 in agreements, brexit, courts, domicile, EC law, enforcement, jurisdiction, news by sally

‘At the present time, a large range of civil proceedings, especially in the commercial area, are governed by an EU measure, the Brussels I Regulation (Recast) of 2012. This applies whenever the defendant is domiciled in another EU country, whenever there is a choice-of-court agreement designating a court in the EU, and whenever an EU Member State has exclusive jurisdiction over a particular matter, for example title to land or registered intellectual-property rights. The Regulation also applies to the recognition and enforcement of judgments between different EU States.’

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OUP Blog, 24th July 2017

Source: blog.oup.com

Cant Pay – Nearly Legal

‘It is rare, if we are entirely honest, for a First Tier Tribunal decision on service charges to be exciting. It is even rarer for there to be mystery and police raids, and “Immunity from Treason” notices, and debts of “Trillions of pounds”, and something called an ‘equity lawyer’. Yet here they all are, and more, in what on the face of it was a dispute over annual service charges of about £1200.’

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Nearly Legal, 23rd July 2017

Source: nearlylegal.co.uk

Celebrate Lady Hale – then make the senior judiciary more diverse – The Guardian

Posted July 24th, 2017 in diversity, judges, judiciary, news, Supreme Court, women by sally

‘Brenda Hale’s appointment as president of the UK supreme court is a landmark. But the highest echelons of the legal profession still need change.’

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The Guardian, 23rd July 2017

Source: www.theguardian.com

Passenger who stuffed £10 into a Barrister’s mouth after being asked to stop pinching snacks from first class trolley found guilty of assault – Daily Telegraph

Posted July 24th, 2017 in assault, barristers, compensation, costs, fines, news, railways, sentencing by sally

‘A pensioner who forced a ten pound note into the mouth of a fellow rail passenger after helping himself to food and drink from a first class train compartment, has been found guilty of assault.’

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Daily Telegraph, 24th July 2017

Source: www.telegraph.co.uk

Dog attack powers ‘not being used’ – BBC News

‘Powers introduced to curb dog attacks are not being used by the authorities, a Freedom of Information request by the Victoria Derbyshire show suggests.’

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BBC News, 24th July 2017

Source: www.bbc.co.uk

Gay men to be allowed to give blood three months after sex – The Guardian

‘Blood donation restrictions for gay men and sex workers are to be relaxed in England and Scotland under a series of equalities reforms announced by the government. Gay men will be allowed to donate blood three months after sexual intercourse instead of a year. Sex workers, who were previously banned from donating, will be subject to the same three-month rule.’

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The Guardian, 23rd July 2017

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 21st, 2017 in legislation by Verity

The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2017

The Fire and Rescue Services (Appointment of Inspector) (England) (Revocation) Order 2017

The Value Added Tax (Place of Supply of Services) (Telecommunication Services) Order 2017

The Charities (Shakespeare Birthplace Trust) Order 2017

The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2017

The Protection of Wrecks (Designation) (England) Order 2017

The Intellectual Property (Unjustified Threats) Act 2017 (Commencement and Transitional Provisions) Regulations 2017

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2017

The Childcare (Fees) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Lady Hale appointed next President of Supreme Court, alongside three new Justices – Supreme Court

Posted July 21st, 2017 in diversity, judiciary, news, press releases, Supreme Court by tracey

‘Baroness Hale of Richmond will succeed Lord Neuberger of Abbotsbury as President of the UK Supreme Court, it was announced today, alongside three additional appointments to the UK’s top appeal court.’

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Supreme Court, 21st July 2017

Source: www.supremecourt.uk

BAILII: Recent Decisions

Posted July 21st, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd [2017] EWCA Civ 1032 (20 July 2017)

The Secretary of State for the Home Department v SU [2017] EWCA Civ 1069 (20 July 2017)

Hussain, R (on the application of) v The Parole Board for England and Wales & Anor [2017] EWCA Civ 1074 (20 July 2017)

Court of Appeal (Criminal Division)

PF v R [2017] EWCA Crim 983 (20 July 2017)

Jurecka & Ors v R [2017] EWCA Crim 1007 (18 July 2017)

High Court (Administrative Court)

Annon v The Nursing And Midwifery Council [2017] EWHC 1879 (Admin) (21 July 2017)

The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor [2017] EWHC 1878 (Admin) (21 July 2017)

Wokingham Borough Council v Secretary of State for Communities and Local Government & Anor [2017] EWHC 1863 (Admin) (20 July 2017)

High Court (Chancery Division)

Birdi & Anor v Price & Anor [2017] EWHC 1859 (Ch) (20 July 2017)

The Co-Operative Bank Plc v Hayes Freehold Ltd & Ors [2017] EWHC 1820 (Ch) (20 July 2017)

High Court (Commercial Court)

Medsted Associates Ltd v Canaccord Genuity Wealth (International) Ltd [2017] EWHC 1815 (Comm) (20 July 2017)

Source: www.bailii.org

Daniella Lock: Questions Regarding Judicial Deference in R (Campaign Against the Arms Trade) v Secretary of State for International Trade – UK Constitutional Law Association

Posted July 21st, 2017 in EC law, export controls, international trade, news, Saudi Arabia, weapons by tracey

‘Last week, the High Court rejected a claim for judicial review, brought by the NGO “Campaign Against the Arms Trade” against the Secretary of State for International Trade, regarding the exporting of arms to Saudi Arabia. The judges presiding over the case were Lord Justice Burnett and Mr Justice Haddon-Cave. It is argued here that there are several important questions to be asked about the approach to judicial deference taken in this case. They relate to the ‘behind-the-scenes’ role that deference may have played in the judges’ approach to complex factual material in this case, and the extent to which further clarity, as to the treatment of such material in future cases, may be desirable.’

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UK Constitutional Law Association, 20th July 2017

Source: ukconstitutionallaw.org

The clash between open justice and one’s good name – UK Human Rights Blog

Posted July 21st, 2017 in anonymity, contempt of court, human rights, media, news by tracey

‘Khuja (formerly known as PNM) v. Times Newspapers [2017] UKSC 49, Supreme Court. The outcome of this case is summed up in its title, an unsuccessful attempt to retain anonymity in press reporting. It is a stark instance of how someone involved in investigations into very serious offences cannot suppress any allegations which may have surfaced in open court, even though no prosecution was ever brought against them.’

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UK Human Rights Blog, 20th July 2017

Source: ukhumanrightsblog.com

Westminster Council wins Hemming appeal at the Supreme Court – Local Government Lawyer

Posted July 21st, 2017 in fees, licensing, local government, news, sex establishments by tracey

‘The City of Westminster Council has won a key victory at the Supreme Court in the long-running battle over the level of fees that local authorities can charge licensed premises.’

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Local Government Lawyer, 20th July 2017

Source: www.localgovernmentlawyer.co.uk

Jackson urges solicitors to sort out accidental disclosure of privileged material between themselves – Litigation Futures

Posted July 21st, 2017 in civil procedure rules, disclosure, news, privilege, solicitors by tracey

‘Litigators should sort out the inadvertent disclosure of privileged documents in a grown-up manner without taking up the time of the court, the Court of Appeal has ruled as it granted an order to delete a privileged email that had been accidentally handed over.’

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Litigation Futures, 20th July 2017

Source: www.litigationfutures.com

Judges “left uneasy” by professionals challenging regulators as litigants in person – Legal Futures

‘Judges are “left uneasy” by professionals presenting their own challenges to regulators as litigants in person (LIPs) and ignoring the “best points” available to them, the High Court has heard.’

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Legal futures, 21st July 2017

Source: www.legalfutures.co.uk

Rogue builder jailed for tricking homeowners out of thousands of pounds – Crown Prosecution Service

‘A rogue builder who tricked homeowners out of hundreds of thousands of pounds has today (20th July) been jailed for fraud.’

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Crown Prosecution Service, 20th July 2017

Source: www.cps.gov.uk