Sick girl to be treated against parents’ wishes, judge rules – BBC News

Posted February 28th, 2019 in children, consent, medical treatment, news, parental rights by tracey

‘Doctors should treat a sick 13-month-old girl and give her a “chance” at life against the wishes of her parents, a High Court judge has ruled.’

Full Story

BBC News, 28th February 2019

Source: www.bbc.co.uk

Gangs: Mistakes that led to grooming scandal ‘being repeated’ – BBC News

Posted February 28th, 2019 in child abuse, children, gangs, news, reports, sexual grooming by tracey

‘Mistakes that led to child sexual grooming scandals are being repeated with gangs, a report by the Children’s Commissioner for England has warned.’

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BBC News, 28th February 2019

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 28th, 2019 in legislation by tracey

The Income Tax (Construction Industry Scheme) (Amendment) and the Corporation Tax (Security for Payments) Regulations 2019

The Individual Savings Account (Amendment) Regulations 2019

The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2019

The Guaranteed Minimum Pensions Increase Order 2019

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2019

The Civil Procedure (Amendment) Rules 2019

The Customs (Import Duty, Transit and Miscellaneous Amendments) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 28th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

TT (Vietnam) v The Secretary of State for the Home Department [2019] EWCA Civ 248 (27 February 2019)

High Court (Administrative Court)

Patel, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 424 (Admin) (27 February 2019)

Atherton, R (On the Application Of) v Secretary of State for Work And Pensions [2019] EWHC 395 (Admin) (27 February 2019)

High Court (Family Division)

P & N (Section 91(14): Application for Permission To Apply: Appeal) [2019] EWHC 421 (Fam) (27 February 2019)

High Court (Queen’s Bench Division)

Triad Group Plc & Ors v Makar [2019] EWHC 423 (QB) (27 February 2019)

O’Neill v AVIC International Corporation (UK) Ltd [2019] EWHC 374 (QB) (26 February 2019)

High Court (Technology and Construction Court)

Sanderson Limited v And [2019] EWHC 442 (TCC) (27 February 2019)

Source: www.bailii.org

Defective Premises – Panopticon

Posted February 28th, 2019 in defective premises, landlord & tenant, local government, news, personal injuries by tracey

‘In Rogerson v Bolsover District Council (2019) EWCA Civ 226 the appellant was the tenant of a council house. She suffered injury as the result of an accident. The issue was whether the Council could be liable under Section 4 of the Defective Premises Act 1972. The relevant defect would have been discovered if the Council had implemented a system of regular inspection. Did the Council as landlord have a duty to inspect?’

Full Story

Panopticon, 27th February 2019

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

Court of Appeal decision leaves control vacuum for group relief – OUT-LAW.com

Posted February 28th, 2019 in corporation tax, news, receivers, statutory interpretation by tracey

‘Two companies have lost their claim for group relief where the surrendering company went into receivership. The Court of Appeal said that when the receivers were appointed the shareholders of the surrendering company lost control, which meant that group relief was denied.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

New ruling does not resolve ‘smash and grab’ adjudication uncertainty – OUT-LAW.com

Posted February 28th, 2019 in construction industry, contracts, enforcement, news by tracey

‘A new court ruling leaves us little further forward on an employer’s right to adjudicate the true value of the sum due under a construction contract after failing to serve payment notices and without first paying the amount demanded by the contractor.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

Keen: “Room to review” legal regulation regime – Legal Futures

Posted February 28th, 2019 in legal profession, legal services, news, Solicitors Regulation Authority by tracey

‘There is “room for review” of the legal regulation regime, made more urgent by the developments in technology, Lord Keen, the Ministry of Justice’s spokesman in the House of Lords, said yesterday.’

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Legal Futures, 28th February 2019

Source: www.legalfutures.co.uk

Domestic violence before shari’a councils – Family Law

Posted February 28th, 2019 in dispute resolution, domestic violence, islamic law, news by tracey

‘Dr Naheed Wali Ghauri, an Associate Research Fellow at the School of Law, Birkbeck College, University of London and non-stipendiary Research Fellow at the Woolf Institute, Cambridge, discusses domestic violence before Shari’a councils and mediation under English and Islamic Forum.’

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Family Law, 28th February 2019

Source: www.familylaw.co.uk

Child witnesses struggling to remember details after lengthy waits – Law Society’s Gazette

Posted February 28th, 2019 in children, cross-examination, delay, news, witnesses by tracey

‘A 13-year-old witness struggled to recall information in detail when cross-examined in court after waiting two years for the trial to begin, according to research commissioned by the NSPCC, which says child witnesses are being let down by the criminal justice system.’

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Law Society's Gazette, 27th February 2019

Source: www.lawgazette.co.uk

Bailiffs move in on Heathrow runway protest camp – The Guardian

Posted February 28th, 2019 in airports, demonstrations, judicial review, news, trespass by tracey

‘Move to evict protesters who have squatted site since 2010 comes days before judicial review of third runway plans.’

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The Guardian, 27th February 2019

Source: www.theguardian.com

Access to compensation scheme for victims who lived with their attacker – Ministry of Justice

Posted February 28th, 2019 in criminal injuries compensation, domestic violence, press releases, victims by tracey

‘More victims of violent crime will be able to claim compensation, as the government today (28 February 2019) brought forward legislation to abolish the longstanding pre-1979 “same-roof” rule.’

Full press release

Ministry of Justice, 28th February 2019

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

More than 200 criminals supervised by private probation firms charged with murder since 2014 – The Independent

Posted February 28th, 2019 in contracting out, murder, news, probation, statistics by tracey

‘Some 225 convicted criminals being supervised by private firms have been charged with murder since the probation service was overhauled in 2014, official figures show.’

Full Story

The Independent, 27th February 2019

Source: www.independent.co.uk

Bradford grooming gang jailed for total of 132 years for raping and abusing under-age girls in care – The Independent

Posted February 28th, 2019 in child abuse, gangs, news, rape, sexual grooming, sexual offences by tracey

‘A grooming gang of nine men has been jailed for a total of 132 years for an “appalling catalogue” of sexual abuse against two young girls in Bradford.’

Full Story

The Independent, 28th February 2019

Source: www.independent.co.uk

Pat Finucane murder inquiry fell below human rights standards, judges rule – The Guardian

Posted February 28th, 2019 in human rights, inquiries, murder, news, Northern Ireland, Supreme Court by tracey

‘The official investigation into the 1989 murder of the Belfast solicitor Patrick Finucane, one of the most notorious killings of the Troubles, was ineffective and failed to meet the standards required under human rights law, the supreme court has ruled.’

Full Story

The Guardian, 27th February 2019

Source: www.theguardian.com

Equality Act – Local Government Law

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

Full Story

Local Government Law, 25th February 2019

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

Recent Statutory Instruments – legislation.gov.uk

Posted February 27th, 2019 in legislation by tracey

The Tax Credits, Child Benefit and Childcare Payments (Miscellaneous Amendments) Regulations 2019

The Representation of the People (Election Expenses Exclusion) (Amendment) Order 2019

The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 27th, 2019 in law reports by tracey

Supreme Court

Finucane, Re Application for Judicial Review (Northern Ireland) [2019] UKSC 7 (27 February 2019)

Konecny v District Court in Brno-Venkov, Czech Republic [2019] UKSC 8 (27 February 2019)

High Court (Administrative Court)

Jane v Westminster Magistrates’ Court & Ors [2019] EWHC 394 (Admin) (26 February 2019)

High Court (Chancery Division)

Briggs & Ors v Clay & Ors [2019] EWHC 102 (Ch) (25 February 2019)

JUUL Labs, Inc. & Anor v Quick XUUL Ltd & Ors [2019] EWHC 368 (Ch) (22 February 2019)

High Court (Family Division)

Button v Salama & Anor [2019] EWHC 363 (Fam) (26 February 2019)

Cowan v Foreman & Ors [2019] EWHC 349 (Fam) (25 February 2019)

High Court (Patents Court)

TQ Delta, LLC v Zyxel Communications UK Ltd & Anor [2019] EWHC 353 (Pat) (19 February 2019)

Source: www.bailii.org

First-lodged bankruptcy petition should be heard first, says High Court – OUT-LAW.com

Posted February 27th, 2019 in appeals, bankruptcy, documents, judges, news, service by tracey

‘A judge in the Insolvency and Companies Court (ICC) was wrong to adjourn a bankruptcy petition hearing, an action which meant that the first creditors to present bankruptcy petitions would have their case heard first. The High Court in England has said that the ICC judge should have given reasons for not following two previous ICC orders that the first petition be heard first.’

Full Story

OUT-LAW.com, 27th February 2019

Source: www.out-law.com

Mental capacity for handling the internet: Court of Protection – UK Human Rights Blog

‘A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2. In this case Cobb J was asked to make declarations under the Mental Capacity Act 2005 regarding a learning disabled man’s capacity to use the internet and social media.’

Full Story

UK Human Rights Blog, 27th February 2019

Source: ukhumanrightsblog.com