GPOC – Local Government Law

Posted February 8th, 2018 in consultations, contracting out, housing, local government, news by tracey

‘The General Power of Competence (“GPOC”) in Section 1 of the Localism Act 2011 (“LA 2011”) and its exclusion, by Section 4 of LA 2011, when an authority is acting “for a commercial purpose”, but not through a limited company, has been considered in Peters v Haringey LBC (2018) EWHC 192 (Admin). The case is concerned with the Haringey Development Vehicle (“the HDV”). The purpose of the HDV is to create a partnership, by way of a limited liability partnership (“LLP”), between the Defendant Council, and a private sector body, Lendlease, and to bring private sector finance, experience and expertise to the task of developing the Council’s land for its better use, and so achieving the Council’s strategic aims in housing, affordable housing and employment. The Claimant challenged by way of judicial review a decision made by the Council through its Cabinet, on 20 July 2017, to confirm Lendlease after a procurement process as the successful bidder to become the Council’s partner in the HDV, and also approved the structure of the HDV.’

Full Story

Local Government Law, 8th February 2018

Source: local-government-law.11kbw.com

A Fear of Sharia: why the Independent Report is a wasted opportunity – Law & Religion UK

Posted February 8th, 2018 in islamic law, news, reports by tracey

‘n a guest post, Russell Sandberg, Head of Law and Reader in the School of Law and Politics at Cardiff, is fairly unimpressed with the report of the Independent Review into the Application of Sharia Law in England and Wales.’

Full Story

Law & Religion UK, 7th February 2018

Source: www.lawandreligionuk.com

UK to review laws on ‘offensive online communications’ – OUT-LAW.com

Posted February 8th, 2018 in codes of practice, internet, media, news, telecommunications by tracey

‘UK prime minister Theresa May has commissioned a review into current legislation on “offensive online communications”.’

Full Story

OUT-LAW.com, 8th February 2018

Source: www.out-law.com

An assault on Hill? Police liability in negligence positively narrowed – UK Police Law Blog

Posted February 8th, 2018 in appeals, negligence, news, police, Supreme Court by tracey

‘In Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, the Supreme Court made significant inroads into the principle that the police cannot be sued in negligence save in exceptional circumstances as a result of alleged failures in their core operational duties. Now, where a third party such as a pedestrian is injured as a result of a negligent arrest on the street by a police officer, the police are liable in negligence where that injury was a reasonably foreseeable consequence of the police’s actions.’

Full Story

UK Police Law Blog, 8th February 2018

Source: ukpolicelawblog.com

Getting out of jail interest-free – UK Police Law Blog

Posted February 8th, 2018 in appeals, confiscation, enforcement, news, sentencing, Supreme Court by tracey

‘When a person convicted in the Crown Court has an additional prison term enforced by the Magistrates for having only part paid of a confiscation order, he is entitled to a reduction in that term proportionate to the money that has been paid. R (Gibson) v Secretary of State for Justice [2018] UKSC 2; [2018] 1 WLR 629 confirmed that the starting point for calculating this reduction is the original sum ordered by the Crown Court, and not the larger sum including interest that had accrued by the date of the Magistrates’ enforcement.’

Full Story

UK Police Law Blog, 6th February 2018

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 8th, 2018 in legislation by tracey

The Free School Lunches and Milk, and School and Early Years Finance (Amendments Relating to Universal Credit) (England) Regulations 2018

The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2018

The Taxation of Securitisation Companies (Amendment) Regulations 2018

The Technical and Further Education Act 2017 (Commencement No. 3) Regulations 2018

The Gas Safety (Installation and Use) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 8th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Anderson v Spencer [2018] EWCA Civ 100 (07 February 2018)

Khanty-Mansiysk Recoveries Ltd v Forsters LLP [2018] EWCA Civ 89 (07 February 2018)

Radford & Anor v Frade & Ors [2018] EWCA Civ 119 (07 February 2018)

High Court (Chancery Division)

Knibbs & Ors v Revenue And Customs [2018] EWHC 136 (Ch) (07 February 2018)

High Court (Commercial Court)

LIC Telecommunications Sarl & Anor v VTB Capital PLC & Ors [2018] EWHC 169 (Comm) (07 February 2018)

High Court (Queen’s Bench Division)

Siddiqui v The Chancellor, Masters & Scholars of the University of Oxford [2018] EWHC 184 (QB) (07 February 2018)

JMX (A child by his Mother and Litigation Friend, FMX) v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 185 (QB) (07 February 2018)

Source: www.bailii.org

Council fined £100k after vulnerable employee hit by reversing dust cart – Local Government Lawyer

Posted February 8th, 2018 in contracting out, fines, health & safety, local government, news, waste by tracey

‘A London borough has been fined £100,000 after a vulnerable employee was crushed by a reversing dust cart, suffering significant injury. Waste company Veolia ES (UK) was meanwhile fined £250,000 for its role in the incident, which took place on 9 May 2016.’

Full Story

Local Government Lawyer, 6th February 2018

Source: www.localgovernmentlawyer.co.uk

Man sentenced for stirring up hatred against Muslims on Facebook – Crown Prosecution Service

‘A man who posted messages on social media to stir up religious hatred against Muslims has been sentenced.’

Full Story

Crown Prosecution Service, 7th February 2018

Source: www.cps.gov.uk

Equal pay disputes: which employers have been forced to pay up so far? – Daily Telegraph

Posted February 8th, 2018 in employment, equal pay, news, women by tracey

‘This June, it will have been 50 years since sewing machinists at Ford’s Dagenham plant halted production, walked out and transformed the lives of working women forever.’

Full Story

Daily Telegraph, 7th February 2018

Source: www.telegraph.co.uk

‘Criminalised, detained, deported’: UK accused of failing trafficked children – The Guardian

Posted February 8th, 2018 in asylum, children, deportation, detention, news, trafficking in human beings, victims by tracey

‘Child trafficking victims deported back to Vietnam by the British government face the risk of being retrafficked and further exploited, lawyers and child protection groups have warned.’

Full Story

The Guardian, 7th February 2018

Source: www.theguardian.com

European Court of Justice asked to rule on whether UK nationals can keep EU citizenship after Brexit – The Independent

Posted February 8th, 2018 in citizenship, EC law, foreign jurisdictions, news, treaties by tracey

‘The EU’s highest court has been asked to rule on whether British nationals should be able to keep their EU citizenship after Brexit, in a major upset that could send negotiations between Brussels and the UK into chaos.’

Full Story

The Independent, 7th February 2018

Source: www.independent.co.uk

MPs demand watchdog publishes report into RBS small business scandal by next week – Daily Telegraph

Posted February 8th, 2018 in banking, financial regulation, news, reports, select committees by tracey

‘MPs could publish a leaked version of the report into claims RBS mistreated small business customers whether regulators are ready or not. The Treasury Select Committee has told the Financial Conduct Authority it must publish the much-delayed report on the Global Restructuring Group (GRG) by the end of next week. If the FCA fails to do that, it must instead send a copy to the committee on that day.’

Full Story

Daily Telegraph, 7th February 2018

Source: www.telegraph.co.uk

Four men jailed for ‘brutal’ attack on dog walker who put pet’s poo in their bin – The Independent

Posted February 8th, 2018 in assault, conspiracy, gangs, news, sentencing by tracey

‘Four men have been jailed over a “vicious and brutal” assault on a dog walker who used their bin to dispose of his pet’s poo.’

Full Story

The Independent, 7th February 2018

Source: www.independent.co.uk

Parliament survey: one in five experienced sexual harassment – The Guardian

Posted February 8th, 2018 in anonymity, bullying, complaints, harassment, news, parliament, reports, sex discrimination by tracey

‘One in five people working at Westminster have experienced or witnessed sexual harassment or inappropriate behaviour in the past year, it found. The report calls for urgent reform of a culture of harassment and bullying at Westminster, with new a complaints procedure and an investigation mechanism independent of parties.’

Full Story

The Guardian, 8th February 2018

Source: www.theguardian.com

Oxford University not at fault for graduate’s 2:1 as he may have ‘simply coasted’, judge rules – Daily Telegraph

Posted February 8th, 2018 in examinations, news, universities by tracey

‘Oxford University was not at fault for a graduate’s 2:1 degree as he may have “simply coasted”, a judge has ruled.’

Full Story

Daily Telegraph, 7th February 2018

Source: www.telegraph.co.uk

James Bulger killer Jon Venables jailed over indecent images – BBC News

Posted February 8th, 2018 in indecent photographs of children, news, recidivists, sentencing by tracey

‘Jon Venables, one of the killers of toddler James Bulger, has been jailed for possessing child abuse images for the second time.’

Full Story

BBC News, 7th February 2018

Source: www.bbc.co.uk

ASA bans Poundland’s lewd toy elf ad campaign – The Guardian

Posted February 8th, 2018 in advertising, complaints, news by tracey

‘Poundland’s risque Christmas ads featuring a naughty elf playing strip poker and performing a sex act on a Barbie doll have been banned by the advertising watchdog.’

Full Story

The Guardian, 7th February 2018

Source: www.theguardian.com