George Ormond: Former Newcastle United football coach jailed for 20 years for abusing boys – The Independent

Posted July 5th, 2018 in child abuse, news, sentencing, sexual offences, sport by tracey

‘Former boys football coach George Ormond has been sentenced to 20 years in prison for a series of sex abuses that stretches 25 years.’

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The Independent, 4th July 2018

Source: www.independent.co.uk

World-class fraud and cybercrime court approved for London’s Fleetbank house site – Ministry of justice

Posted July 5th, 2018 in computer crime, courts, press releases by tracey

‘A new flagship court specifically designed to tackle cybercrime, fraud, and economic crime will reinforce the UK’s reputation as a world-leading legal centre, the Lord Chancellor will announce tonight (Wednesday 4 July).’

Full press release

Ministry of justice, 4th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Michael Maguire death: Army captain guilty of manslaughter – BBC News

Posted July 5th, 2018 in armed forces, courts martial, firearms, homicide, negligence, news by tracey

‘An Army captain has been convicted of gross negligence manslaughter at a court martial after a soldier was killed during a live fire exercise.’

Full story

BBC News, 4th July 2018

Source: www.bbc.co.uk

High Court Rejects Challenge to Inner Temple Development Proposals – Landmark Chambers

Posted July 4th, 2018 in inns of court, judicial review, news, planning by sally

‘The High Court has refused permission to seek judicial review of the Corporation of the City of London’s decision to grant planning permission for the provision of new educational facilities in the Inner Temple Treasury Building. The proposals were particularly controversial, because they entail the loss of the upper gallery of the Inner Temple library. Although constructed after the Second World War, the library is a notable feature of the Treasury Building, and is regarded with strong affection by many who have used it. When granting permission, the Corporation’s planning committee accepted that the loss would cause harm to the Treasury Building, but concluded that this was less than substantial and was outweighed by the benefits of the scheme.’

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Landmark Chambers, 4th July 2018

Source: www.landmarkchambers.co.uk

How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog

‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’

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UK Human Rights Blog, 3rd July 2018

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 4th, 2018 in legislation by tracey

The Armed Forces (Flexible Working) Act 2018 (Commencement) Regulations 2018

The Child Benefit, Tax Credits and Childcare Payments (Section 67 Immigration Act 2016 Leave) (Amendment) Regulations 2018

The Financial Services and Markets Act 2000 (Prospectus and Markets in Financial Instruments) Regulations 2018

The Non-Road Mobile Machinery (Type-Approval and Emission of Gaseous and Particulate Pollutants) Regulations 2018

The National Health Service (Property Expenses Scheme) (England) Regulations 2018

The National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018

The National Health Service (Existing Liabilities Scheme) (England) Regulations 2018

The Offshore Installations (Safety Zones) Order 2018

The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018

The Airports (Noise-related Operating Restrictions) (England and Wales) Regulations 2018

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2018

The European Union (Withdrawal) Act 2018 (Commencement and Transitional Provisions) Regulations 2018

The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018

The Scotland Act 2016 and Wales Act 2017 (Onshore Petroleum) (Consequential Amendments) Regulations 2018

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2018

The Housing and Planning Act 2016 (Commencement No. 9 and Transitional and Saving Provisions) Regulations 2018

The Civil Legal Aid (Procedure, Remuneration and Statutory Charge) (Amendment) Regulations 2018

The Immigration (European Economic Area) (Amendment) Regulations 2018

The Offshore Environmental Civil Sanctions Regulations 2018

Source: www.legislation.gov.uk

Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association

Posted July 4th, 2018 in bills, brexit, constitutional law, EC law, news, parliament, prerogative powers by sally

‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’

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UK Constitutional Law Association, 3rd July 2018

Source: ukconstitutionallaw.org

Illegal levels of air pollution linked to child’s death – BBC News

Posted July 4th, 2018 in children, inquests, news, pollution, reports by sally

‘A nine-year-old girl’s fatal asthma attack has been linked to illegally high levels of air pollution.’

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BBC News, 3rd July 2018

Source: www.bbc.co.uk

Homelessness and capacity – Nearly Legal

Posted July 4th, 2018 in homelessness, housing, local government, mental health, news, statutory duty by sally

‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’

Full Story

Nearly Legal, 3rd July 2018

Source: nearlylegal.co.uk

Electoral Commission ‘accuses Vote Leave of breaking law’ – The Guardian

Posted July 4th, 2018 in elections, expenses, news, referendums, reports by sally

‘The elections watchdog has accused Vote Leave of illegal coordination with a student organisation, according to the campaign’s former chief executive, who took the extraordinary step of pre-empting the official investigation.’

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The Guardian, 4th July 2018

Source: www.theguardian.com

Solicitors are now “dairy farmers” of PI market as numbers fall – Legal Futures

‘The number of law firms specialising in personal injury (PI) work has fallen by 10% over the past two years, it has been revealed, with one leading practitioner describing solicitors now as the “dairy farmers” of the market due to their declining influence.’

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Legal Futures, 2nd July 2018

Source: www.legalfutures.co.uk

People risk unjust prison sentences due to lack of court healthcare – The Guardian

Posted July 4th, 2018 in contracting out, courts, detention, health, news by sally

‘Innocent people are at risk of being given unjust prison sentences and suffering physical harm because of a lack of healthcare in courthouses, according to the outgoing head of the independent body charged with monitoring the care and welfare of those brought to court in England and Wales.’

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The Guardian, 4th July 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 3rd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

A and B v Criminal Injuries Compensation Authority & Anor [2018] EWCA Civ 1534 (03 July 2018)

Jewish Rights Watch Ltd (t/a Jewish Human Rights Watch), R (On the Application Of) v Leicester City Council [2018] EWCA Civ 1551 (03 July 2018)

Network Rail Infrastructure Ltd v Williams & Anor [2018] EWCA Civ 1514 (03 July 2018)

Mann & Ors v Transport for London [2018] EWCA Civ 1520 (29 June 2018)

Zipvit Ltd v Revenue And Customs [2018] EWCA Civ 1515 (29 June 2018)

Court of Appeal (Criminal Division)

Najib And Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 1554 (03 July 2018)

Tate, R (on the application of) v Leffers-Smith [2018] EWCA Civ 1519 (29 June 2018)

High Court (Administrative Court)

Dulgheriu & Anor v The London Borough Of Ealing [2018] EWHC 1667 (Admin) (02 July 2018)

CK Properties (Theydon Bois) Ltd, R (On the Application Of) v Epping Forest District Council [2018] EWHC 1649 (Admin) (29 June 2018)

Taveta Investments Ltd v The Financial Reporting Council & Ors [2018] EWHC 1662 (Admin) (29 June 2018)

High Court (Chancery Division)

Drury v Rafique & Anor [2018] EWHC 1527 (Ch) (29 June 2018)

High Court (Commercial Court)

Seadrill Ghana Operations Ltd v Tullow Ghana Ltd [2018] EWHC 1640 (Comm) (03 July 2018)

BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2018] EWHC 1670 (Comm) (02 July 2018)

Nori Holding Ltd & Ors v Public Joint-Stock Company ‘Bank Otkritie Financial Corporation’ [2018] EWHC 1642 (Comm) (29 June 2018)

Minera Las Bambas SA & Anor v Glencore Queensland Ltd & Ors [2018] EWHC 1658 (Comm) (29 June 2018)

Edgeworth Capital (Luxembourg) SARL v Aabar Investments PJS [2018] EWHC 1627 (Comm) (29 June 2018)

High Court (Family Division)

Letts v Letts [2018] EWHC 1639 (Fam) (21 June 2018)

High Court (Queen’s Bench Division)

HF & Anor v Ministry of Defence [2018] EWHC 1623 (QB) (29 June 2018)

Da Silva & Anor v The Department for Business, Energy And Industrial Strategy [2018] EWHC 1591 (QB) (29 June 2018)

High Court (Technology and Construction Court)

Tees Esk & Wear Valleys NHS Foundation Trust v Three Valleys Healthcare Ltd & Anor [2018] EWHC 1659 (TCC) (29 June 2018)

Source: www.bailii.org

MPs press for new inquiry into UK role in rendition and torture – The Guardian

Posted July 3rd, 2018 in human rights, inquiries, intelligence services, news, rendition, torture by sally

‘The UK government will give “careful consideration” to calls for a renewed judge-led inquiry into the country’s involvement in human rights abuses after 9/11, the Foreign Office minister Alan Duncan told MPs on Monday.’

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The Guardian, 2nd July 2018

Source: www.theguardian.com

‘Paedophile hunter’ jailed for blackmailing victims – BBC News

Posted July 3rd, 2018 in blackmail, fraud, news, sentencing by sally

‘A self-styled “paedophile hunter” who blackmailed his victims for tens of thousands of pounds has been jailed.’

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BBC News, 2nd July 2018

Source: www.bbc.co.uk

“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court – Oxford Human Rights Hub

Posted July 3rd, 2018 in appeals, civil partnerships, equality, human rights, news, Supreme Court by sally

‘Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created a clear inequality: Same-sex couples could choose to marry or to enter into a civil partnership, but the only way that different-sex couples could formalise their relationship was through marriage. In Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 the UK Supreme Court held that this differential treatment was contrary to Art 14 (the prohibition of discrimination) when taken in conjunction with Art 8 (the right to respect for family life) under the European Convention on Human Rights.’

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Oxford Human Rights Hub, 2nd July 2018

Source: ohrh.law.ox.ac.uk

Akhmedova v Akhmedov: piercing the corporate veil – Family Law

Posted July 3rd, 2018 in company law, divorce, financial provision, news, shareholders by sally

‘It is not incomprehensible that wealthy business shareholders feed their high-net-worth assets through their companies, with the consequence of making the assets available to their spouse limited and out of reach. It therefore comes as no real surprise that the English family courts have shown that they are prepared to tackle the issues related with parties hiding international assets within divorce proceedings, whilst trying to remedy the same.’

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Family Law, 2nd July 2018

Source: www.familylaw.co.uk

Council concedes in strip club policy legal challenge over equality duty failure – Local Government Lawyer

Posted July 3rd, 2018 in equality, licensing, local government, news, women by sally

‘Sheffield City Council last week (29 June) conceded in court that it had failed to properly discharge the public sector equality duty, after a campaigner challenged the lawfulness of the authority’s decision to adopt a policy of licensing unlimited strip clubs.’

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Local Government Lawyer, 2nd July 2018

Source: www.localgovernmentlawyer.co.uk

BSB and Bar Council warn about risks of online barrister reviews – Legal Futures

Posted July 3rd, 2018 in barristers, competition, complaints, consumer protection, internet, news by sally

‘The Bar Standards Board has warned consumers about the risks of choosing a barrister based on online reviews, while telling the profession that it needs to watch this fast-growing area.’

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Legal Futures, 3rd July 2018

Source: www.legalfutures.co.uk

UK to ban discredited ‘gay cure’ therapies under LGBT action plan – The Guardian

Posted July 3rd, 2018 in health, homosexuality, mental health, news, transgender persons by sally

‘The government will appoint a national LGBT health adviser and take measures to end so-called conversion therapy as part of a plan to deliver what Theresa May has promised will be “real and lasting change”.’

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The Guardian, 3rd July 2018

Source: www.theguardian.com