Analysis – Removal of parental responsibility: C v D and another [2018] EWHC 3312 (Fam) – Family Law

‘Anthony Gold’s Victoria Brown looks at cases in which the court will decide to remove parental responsibility from a father as they are exceptional.’

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Family Law, 31st January 2019

Source: www.familylaw.co.uk

BAILII : Recent Decisions

Posted January 31st, 2019 in law reports by tracey

Supreme Court

Gallagher for Judicial Review (NI) [2019] UKSC 3 (30 January 2019)

Hallam, R (on the application of) v Secretary of State for Justice [2019] UKSC 2 (30 January 2019)

Court of Appeal (Civil Division)

Huawei Technologies Co, Ltd v Conversant Wireless Licensing SARL [2019] EWCA Civ 38 (30 January 2019)

Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40 (30 January 2019)

Douherty v The Chief Constable of Essex Police [2019] EWCA Civ 55 (30 January 2019)

Worley v The Secretary of State for Works And Pensions [2019] EWCA Civ 15 (30 January 2019)

Cooper, R v [2019] EWCA Crim 43 (29 January 2019)

La Gaitana Farms SA & Ors v British Airways Plc [2019] EWCA Civ 37 (29 January 2019)

Court of Appeal (Criminal Division)

Cooper, R v [2019] EWCA Crim 43 (29 January 2019)

High Court (Administrative Court)

Gladman Developments Ltd v Secretary of State for Housing Communities And Local Government & Anor [2019] EWHC 127 (Admin) (29 January 2019)

Gladman Development Ltd v Secretary of State of Housing Communities And Local Government & Anor [2019] EWHC 128 (Admin) (29 January 2019)

High Court (Chancery Division)

Garmin (Europe) Ltd v Koninklijke Philips NV [2019] EWHC 107 (Ch) (29 January 2019)

Barclays Bank Plc & Ors, Re [2019] EWHC 129 (Ch) (29 January 2019)

McCallum-Toppin & Anor v McCallum-Toppin & Ors [2019] EWHC 46 (Ch) (29 January 2019)

High Court (Commercial Court)

Koshigi Ltd & Anor v Donna Union Foundation & Anor [2019] EWHC 122 (Comm) (30 January 2019)

High Court (Family Division)

RC (A Child) [2019] EWHC 131 (Fam) (29 January 2019)

High Court (Queen’s Bench Division)

The British Broadcasting Corporation & Anor v The Secretary of State for Transport & Anor [2019] EWHC 135 (QB) (28 January 2019)

High Court (Technology and Construction Court)

Ferns & Anor v West & Ors [2019] EWHC 141 (TCC) (21 January 2019)

Source: www.bailii.org

Men who wrongly served 24 years in prison denied compensation – The Independent

‘Two men who between them spent 24 years in prison before their convictions were overturned are not entitled to compensation, judges have ruled.’

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The Independent, 30th January 2019

Source: www.independent.co.uk

Scandal-hit children’s prison still restraining inmates unlawfully – report – The Guardian

Posted January 31st, 2019 in children, news, prisons, restraint, young offenders by tracey

‘Staff at a scandal-hit children’s prison that was exposed for abusing its young inmates are still restraining young people unlawfully, a report from inspectors has revealed.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Fears vulnerable being deprived of treatment as fines of £100 for ticking wrong box soar in NHS ‘hostile environment’ – The Independent

Posted January 31st, 2019 in dentists, fines, learning difficulties, medical treatment, medicines, news, penalties by tracey

‘A government “hostile environment” for misclaimed free prescriptions and dental care is being scrutinised by auditors after it was claimed vulnerable patients are being fined £100 for ticking the wrong box on forms they struggle to read. The National Audit Office has announced it is “undertaking an investigation into penalty charge notices in healthcare”, including the numbers issued and whether they are overturned.

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The Independent, 30th January 2019

Source: www.independent.co.uk

Thousands with minor convictions could be allowed to hide them when applying to work in schools and hospitals after a landmark supreme court ruling – Daily Telegraph

Posted January 31st, 2019 in criminal records, disclosure, employment, news, Supreme Court, vetting by tracey

‘Thousands of people with minor or old convictions could be freed from having to declare them to employers in children’s and other services after a landmark supreme court judgement.’

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Daily Telegraph, 30th January 2019

Source: www.telegraph.co.uk

Knife crime: Suspects could be banned from social media – BBC News

Posted January 31st, 2019 in children, crime prevention, internet, news, offensive weapons, sanctions, young persons by tracey

‘New powers to control suspects thought to be carrying knives are being introduced by the government in a bid to cut rising violence. Knife Crime Prevention Orders would impose sanctions, including bans on using social media to stir up trouble. The orders would target anyone aged 12 or over suspected of being involved in knife crime – even if they have not been caught with a blade.’

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BBC News, 31st January 2019

Source: www.bbc.co.uk

Single mother takes government to court after being forced into homelessness due to housing benefit shortfall – The Independent

Posted January 31st, 2019 in benefits, homelessness, housing, local government, news, Supreme Court by tracey

‘A single mother of four who was was forced into homelessness due to a shortfall in housing benefit is to challenge the government in Britain’s highest court.’

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The Independent, 31st January 2019

Source: www.independent.co.uk

GCHQ spy centre falls foul of law – over environmental permit – The Guardian

Posted January 30th, 2019 in energy, environmental protection, intelligence services, licensing, news by sally

‘The UK government’s internet surveillance centre, GCHQ, may be aware of many things, but the need for an environmental permit for its backup power generators is not among them. The site’s generators do not have the necessary paperwork and so are being run unlawfully, it has been revealed.’

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The Guardian, 29th January 2019

Source: www.theguardian.com

Case Comment: Michalak v GMC [2017] UKSC 71 – UKSC Blog

‘The case was about the meaning of the Equality Act 2010, s 120(7), which removes from the jurisdiction of the employment tribunal any decision which is “subject to an appeal or proceedings in the nature of an appeal”.’

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UKSC Blog, 29th January 2019

Source: ukscblog.com

Brexit, Martial Law And Human Rights – Rights Info

‘In recent days it’s been reported that the government is drawing up plans to impose martial law in the event of the UK exiting the EU without a deal. But what does that actually mean and how does it impact our rights?’

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Rights Info, 30th January 2019

Source: rightsinfo.org

Case Comment: R v Mackinlay & Ors [2018] UKSC 42 – UKSC Blog

Posted January 30th, 2019 in appeals, elections, expenses, gifts, news, statutory interpretation, Supreme Court by sally

‘This case relates to a point of statutory construction in the Representation of the People Act 1983, s 90C(1)(a). The question was whether goods, services, or facilities provided free-of-charge or at a discount to a candidate for election need to be declared by the candidate as an election expense even if they had not been authorised by the candidate, their election agent, or someone else authorised by the candidate or agent.’

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UKSC Blog, 29th January 2019

Source: ukscblog.com

Online UK right to work checks now illegal working defence – OUT-LAW.com

Posted January 30th, 2019 in documents, employment, immigration, internet, news, penalties by sally

‘UK employers can now rely on the result of an online right to work test as a defence against civil penalties should any of their workers later be found to have been working illegally.’

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OUT-LAW.com, 30th January 2019

Source: www.out-law.com

Minor offences may stay secret after legal challenge fails – The Guardian

‘Some people with minor, past convictions may not have to disclose them in future after the government lost a legal challenge aimed at preserving its system of criminal record checks.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Where does the Martin Lewis case leave media law? – Litigation Futures

Posted January 30th, 2019 in advertising, defamation, internet, media, news by sally

‘Last week’s settlement of Martin Lewis’s high-profile defamation claim against Facebook presents a noteworthy challenge to regulators about the practical application of media law to publishers of online advertising campaigns.’

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Litigation Futures, 30th January 2019

Source: www.litigationfutures.com

Brexit cancellation of ‘.eu’ domain names confirmed – OUT-LAW.com

Posted January 30th, 2019 in brexit, domain names, EC law, internet, news by sally

‘Businesses based in the UK that own websites rooted at the ‘.eu’ domain will have two months from the point of Brexit to transfer ownership to sister companies in the EU in a ‘no deal’ scenario, a registry for ‘.eu’ domain names has confirmed.’

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OUT-LAW.com, 30th January 2019

Source: www.out-law.com

Defendant who defrauded council pension fund of £1m jailed for seven years – Local Government Lawyer

Posted January 30th, 2019 in fraud, local government, money laundering, news, pensions, sentencing by sally

‘A man who defrauded Westminster City Council’s pension fund of more than £1m has been jailed for seven years.’

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Local Government Lawyer, 29th January 2019

Source: www.localgovernmentlawyer.co.uk

Lord McNally: ‘We had to cut legal aid. It’s not a bottomless pit’ – The Guardian

Posted January 30th, 2019 in budgets, human rights, legal aid, legal services, news, probation by sally

‘The Lib-Dem peer says coalition cuts were necessary but have gone too far – people must be able to access justice.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Elizabeth Adams: Prisoners’ Voting Rights: Case Closed? – UK Constitutional Law Association

Posted January 30th, 2019 in elections, enfranchisement, human rights, news, prisons, Supreme Court by sally

‘On 6 December 2018, the Committee of Ministers of the Council of Europe closed the supervision of the prisoners’ voting rights cases against the United Kingdom (UK) and adopted final resolution CM/ResDH(2018)467. Thirteen years after Hirst v United Kingdom (No.2) (2006) 42 EHRR 41 (Hirst) was made final, the protracted prisoner voting stalemate is over. Case closed. Or is it?’

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UK Constitutional Law Association, 30th January 2019

Source: ukconstitutionallaw.org

Proposed UK law could expose journalists’ emails, say critics – The Guardian

Posted January 30th, 2019 in bills, data protection, disclosure, electronic mail, media, news, privacy by sally

‘British police forces could find it easier to access journalists’ private emails as a result of legislation making its way through parliament, according to freedom of speech campaigners, who are urging politicians to make a last-minute intervention to secure journalistic freedom.’

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The Guardian, 30th January 2019

Source: www.theguardian.com