Day: 23 February 2018

Heraldic memorials in churches – Law & Religion UK

Posted February 23rd, 2018 in ecclesiastical law, faculties, monuments, news by tracey

‘A recent judgment on the installation of a hatchment in the church of St Mary Magdalene, Adlestrop, includes an examination of the arcane rules of heraldry and their present-day relevance in the Church of England. Following a brief consideration of what is and who can have a hatchment, the court determined whether a hatchment should now be displayed in a Church. It also includes a warning to witnesses as well as others seeking information on obscure areas such as this: “Alas, a Google search is not always accurate or complete” [34], (to which should be added, Wikipedia, as we often remind ourselves).’

Full Story

Law & Religion UK, 22nd February 2018

Source: www.lawandreligionuk.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 23rd, 2018 in legislation by tracey

The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018

The Research and Development (Qualifying Bodies) (Tax) Order 2018

The Social Security and Child Support (Regulation and Inspection of Social Care (Wales) Act 2016) (Consequential Provision) Regulations 2018

The Electronic Monitoring (Responsible Persons) Order 2018

The Gambling Act 2005 (Amendment of Schedule 6) Order 2018

The Electronic Monitoring (Responsible Persons) Order 2018

The Financial Assistance Scheme (Increased Cap for Long Service) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 23rd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264 (22 February 2018)

Sea Tank Shipping AS v Vinnlustodin HF Vatryggingafelag Islands FH [2018] EWCA Civ 276 (22 February 2018)

Mynnyd Y Gwynt Ltd, R (on the application of) v Secretary of State for Business Energy And Industrial Strategy [2018] EWCA Civ 231 (22 February 2018)

DN (Rwanda) v The Secretary of State for the Home Department [2018] EWCA Civ 273 (22 February 2018)

Bajracharya, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 277 (22 February 2018)

AL v Secretary of State for the Home Department [2018] EWCA Civ 278 (22 February 2018)

Court of Appeal (Criminal Division)

Gohil, R v [2018] EWCA Crim 140 (15 February 2018)

High Court (Chancery Division)

Ali & Anor v Channel 5 Broadcast Ltd [2018] EWHC 298 (Ch) (22 February 2018)

High Court (Commercial Court)

Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent (aka John Kent) [2018] EWHC 333 (Comm) (22 February 2018)

Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2018] EWHC 332 (Comm) (22 February 2018)

Minera Las Bambas SA & Anor v Glencore Queensland Ltd & Ors [2018] EWHC 286 (Comm) (21 February 2018)

Source: www.bailii.org

Groundhog Day for air pollution breaches: Government loses again – UK Human Rights Blog

Posted February 23rd, 2018 in environmental protection, government departments, news, pollution by tracey

‘R (ClientEarth No.3) v Secretary of State for Environment, Food & Rural Affairs, Garnham J, 21 February 2018. DEFRA has been found wanting again, in its latest attempt to address nitrogen dioxide in air. This is the third time. Yet DEFRA’s own analysis suggests that some 23,500 people die every year because of this pollutant.’

Full Story

UK Human Rights Blog, 23rd February 2017

Source: ukhumanrightsblog.com

Police liability for failures in criminal investigations – UK Police Law Blog

Posted February 23rd, 2018 in duty of care, news, police, prosecutions, sexual offences, victims by tracey

‘The hits for the police keep on coming. The decision in Commissioner of the Metropolis v (1) DSD (2) NBV [2018] UKSC 11 confirms that the police can be liable in proceedings for a breach of article 3’s prohibition on inhuman and degrading treatment (and possibly article 4’s prohibition on slavery) where they fail to perform an adequate criminal investigation into alleged serious ill-treatment.’

Full Story

UK Police Law Blog, 22nd February 2018

Source: ukpolicelawblog.com

Sentencing Council publishes new guideline on domestic abuse – Sentencing Council

Posted February 23rd, 2018 in domestic violence, reports, sentencing by tracey

‘A new domestic abuse sentencing guideline has been published today (22 February), giving courts up to date guidance that emphasises the seriousness of this kind of offending.’

Full guideline

Sentencing Council, 22nd February 2018

Source: http://sentencingcouncil.judiciary.gov.uk

Law firm was negligent in property purchase but clients would have gone ahead anyway, court rules – Legal Futures

Posted February 23rd, 2018 in law firms, mortgages, negligence, news, valuation by tracey

‘A Kent law firm was negligent for failing to advise properly on a mortgage and valuation report (MVR), but this did not cause a couple in Canterbury to buy a house suffering from subsidence, a circuit judge has ruled.’

Full Story

Legal Futures, 23rd February 2018

Source: www.legalfutures.co.uk

Home-ownership call for evidence – help make commonhold more common – Law Commission

Posted February 23rd, 2018 in consultations, Law Commission, leases, press releases, sale of land by tracey

‘The Law Commission is asking flat owners, housebuilders, mortgage lenders and lawyers to help shape a law which could help people own their flats outright. The independent legal body wants views on a little-known and little used home ownership status called commonhold, which provides an alternative to residential leasehold.’

Full press release

Law Commission, 22nd February 2018

Source: www.lawcom.gov.uk/

DPP speech to the International Summit on Modern Slavery – Crown Prosecution Service

Posted February 23rd, 2018 in forced labour, speeches, trafficking in human beings by tracey

‘DPP speech to the International Summit on Modern Slavery.’

Full speech

Crown Prosecution Service, 21st February 2018

Source: www.cps.gov.uk

Mother who poisoned and suffocated her baby is jailed for life – Crown Prosecution Service

Posted February 23rd, 2018 in children, murder, press releases, sentencing by tracey

‘A mother who suffocated and poisoned her eight-week-old baby, causing his death, has been jailed for life with a minimum term of 14 years and nine months today (22 February).’

Full press release

Crown Prosecution Service, 22nd February 2018

Source: www.cps.gov.uk

Attorney General speech at the Modern Slavery Summit – Attorney General’s Office

Posted February 23rd, 2018 in forced labour, speeches, trafficking in human beings by tracey

‘Attorney General Jeremy Wright QC MP gives keynote speech at the Crown Prosecution Service Modern Slavery Summit.’

Full speech

Attorney General’s Office, 22nd February 2018

Source: www.gov.uk/ago

Mother faces £20,000 costs bill despite successfully challenging care order – Law Society’s Gazette

Posted February 23rd, 2018 in costs, legal aid, local government, news, placement orders by tracey

‘Local authorities should not have to cover legal aid funding deficiencies, the Court of Appeal has said, while upholding a mother’s challenge against a placement order. A placement order allows the local authority to place a child with suitable adopters following care proceedings, even if the parents do not agree.’

Full Story

Law Society's Gazette, 22nd February 2018

Source: www.lawgazette.co.uk

BSB to proceed with ‘narrower’ transparency requirements – Law Society’s Gazette

Posted February 23rd, 2018 in advertising, barristers, fees, news by tracey

‘The barristers’ regulator has reined in proposals to require barristers who specialise in contentious areas to publish their prices, opting instead to focus primarily on those undertaking public access work.’

Full Story

Law Society's Gazette, 23rd February 2018

Source: www.lawgazette.co.uk

Does the inclusion of families and children in family proceedings go far enough? – Family Law Week

Posted February 23rd, 2018 in children, families, family courts, judgments, news, witnesses by tracey

‘Adele Cameron-Douglas, barrister of 4 Paper Buildings, asks how children can continue to be involved in proceedings that concern them after their conclusion.’

Full Story

Family Law Week, 22nd February 2018

Source: www.familylawweek.co.uk

More than 100 women in Yarl’s Wood detention centre go on hunger strike over ‘inhumane’ conditions – The Independent

Posted February 23rd, 2018 in demonstrations, detention, immigration, mental health, news, women by tracey

‘More than 100 women in Yarl’s Wood Immigration Removal Centre have gone on hunger strike over “inhumane” conditions at the facility. Around 120 female detainees began their protest on Wednesday, urging the Home Office to end “offensive” practices which they said leave people “breaking down psychologically” after being detained for immigration reasons.’

Full Story

The Independent, 22nd February 2018

Source: www.independent.co.uk

Royal Derby Hospital baby deaths ‘preventable’ – BBC News

Posted February 23rd, 2018 in birth, children, hospitals, news, reports by tracey

‘A review into the deaths of dozens of babies at the Royal Derby Hospital between 2013 and 2016 has found many of them might have been preventable.’

Full Story

BBC News, 23rd February 2018

Source: www.bbc.co.uk

Hillsborough disaster: Five more former police officers could be charged over deaths of 96 Liverpool fans – The Independent

Posted February 23rd, 2018 in health & safety, news, police, prosecutions, sport, unlawful killing by tracey

‘A further five police officers could face criminal charges over the Hillsborough disaster, investigators have announced. The Crown Prosecution Service (CPS) is reviewing evidence from West Midlands Police on two officers who were found to have a case to answer by the Independent Office for Police Conduct (IOPC).’

Full Story

The Independent, 22nd February 2018

Source: www.independent.co.uk

Channel 5 ordered to pay £20,000 damages to evicted couple – BBC News

Posted February 23rd, 2018 in damages, media, misuse of private information, news, privacy by tracey

‘Channel 5 has been ordered to pay a couple £10,000 each for the distress of broadcasting them being evicted.’

Full Story

BBC News, 22nd February 2018

Source: www.bbc.co.uk

Police promise to learn lessons after collapse of FGM trial in Bristol – The Guardian

Posted February 23rd, 2018 in child cruelty, female genital mutilation, news, police, prosecutions by tracey

‘Detectives have promised to learn lessons after the groundbreaking trial of a father accused of allowing his six-year-old daughter to undergo female genital mutilation (FGM) collapsed.’

Full Story

The Guardian, 22nd February 2018

Source: www.theguardian.com

Couple jailed for planning Isis-inspired bomb attack in UK after meeting on dating site – The Independent

Posted February 23rd, 2018 in conspiracy, explosives, news, sentencing, terrorism by tracey

‘A couple who planned an Isis-inspired terror attack in the UK after meeting on a dating website have been jailed. Munir Mohammed was sentenced to life imprisonment with a minimum term of 14 years, while accomplice Rowaida El-Hassan was jailed for 12 years and five more under licence conditions.’

Full Story

The Independent, 22nd February 2018

Source: www.independent.co.uk