Employment Appeal Tribunal hears appeal from Christian ex-magistrate dismissed over adoption comments – Local Government Lawyer

‘The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child’s best interests to be raised by a mother and a father.’

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Local Government Lawyer, 15th May 2019

Source: www.localgovernmentlawyer.co.uk

Student Natasha Abrahart’s suicide: Neglect a ‘contributory factor’ – BBC News

‘A university student took her own life partly as a result of neglect, an inquest has ruled.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Solicitors call for more full-time employment judges – Litigation Futures

‘Employment tribunals are being forced to rush in part-time judges in order to try to clear the growing backlog of cases waiting to be heard, a specialist law firm has claimed.’

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Litigation Futures, 15th May 2019

Source: www.litigationfutures.com

Solicitor’s “atrocious” conduct over child contact case condemned – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has struck off a solicitor whose conduct in a sensitive child contact case it described as “atrocious”.’

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Legal Futures, 16th May 2019

Source: www.legalfutures.co.uk

MPs call for inquiry into how family courts treat rape and abuse survivors – The Guardian

‘More than 120 MPs have called for the family courts to be opened up to greater scrutiny and for those who father children through rape to be denied parental rights.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Wartime Opt Out Of Human Rights Convention Will Hurt Soldiers And Civilians, Campaigners Say – Rights Info

Posted May 16th, 2019 in armed forces, criminal justice, human rights, Iraq, news, Northern Ireland, war by sally

‘Campaign groups are warning that the new defence secretary’s pledge to opt out of the Human Rights Convention in future conflicts will hurt soldiers and civilians.’

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Rights Info, 15th May 2019

Source: rightsinfo.org

Call for curbs on Lord Chancellor’s power over online rule committee – Legal Futures

‘A future Lord Chancellor could impose “quite radical changes” on the court system unless changes are made to the Courts and Tribunals (Online Procedure) Bill, peers have warned.’

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Legal Futures, 16th May 2019

Source: www.legalfutures.co.uk

New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Tommy Robinson sued by Syrian schoolboy he accused of assault – The Guardian

‘The Syrian schoolboy who was filmed being attacked in a playground in Huddersfield is suing the far-right campaigner Tommy Robinson for accusing him of assaulting white schoolgirls.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 16th, 2019 in law reports by tracey

The Tribunal Procedure (Amendment) Rules 2019

The Road Traffic Offenders (Prescribed Devices) Order 2019

The Crime and Courts Act 2013 (Commencement No. 18) Order 2018

The Proxy Advisors (Shareholders’ Rights) Regulations 2019

The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019

The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019

The Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2019

The Utilities Act 2000 (Amendment of Section 105) Order 2019

The Electricity (Individual Exemptions from the Requirement for a Generation Licence) Order 2019

The Meteorological Office Trading Fund (Maximum Borrowing) Order 2019

Source: www.legislation.gov.uk

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

BAILII: recent Decisions

Posted May 16th, 2019 in law reports by tracey

Supreme Court

Privacy International, R (on the application of)v Investigatory Powers Tribunal & Ors [2019] UKSC 22 (15 May 2019)

DA & Ors, R (on the application of) v Secretary of State for Work and Pensions [2019] UKSC 21 (15 May 2019)

Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 (15 May 2019)

Court of Appeal (Civil Division)

Anderson v Turning Point Eespro [2019] EWCA Civ 815 (15 May 2019)

Merinson v Yukos International UK BV & Ors [2019] EWCA Civ 830 (15 May 2019)

Tinkler v Ferguson & Ors [2019] EWCA Civ 819 (15 May 2019)

Revenue And Customs v Tooth [2019] EWCA Civ 826 (15 May 2019)

Airbus S.A.S. v Generali Italia S.P.A. & Ors [2019] EWCA Civ 805 (14 May 2019)

Owen v AMEC Foster Wheeler Energy Ltd & Anor [2019] EWCA Civ 822 (14 May 2019)

Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2019] EWCA Civ 828 (14 May 2019)

Staechelin & Ors v ACLBDD Holdings Ltd & Ors [2019] EWCA Civ 817 (14 May 2019)

Kuteh v Dartford And Gravesham NHS Trust [2019] EWCA Civ 818 (14 May 2019)

Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2019] EWCA Civ 823 (14 May 2019)

Euro Pools Plc v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808 (13 May 2019)

High Court (Administrative Court)

Maguire, R (On the Application Of) v United Response & Ors [2019] EWHC 1232 (Admin) (15 May 2019)

Canterbury City Council v Secretary of State for Housing, Communities and Local Government [2019] EWHC 1211 (Admin) (14 May 2019)

High Court (Chancery Division)

Mussell & Anor v Patience & Anor [2019] EWHC 1231 (Ch) (15 May 2019)

Gracie & Anor v Rose [2019] EWHC 1176 (Ch) (10 May 2019)

High Court (Commercial Court)

Nobiskrug GmbH v Valla Yachts Ltd [2019] EWHC 1219 (Comm) (14 May 2019)

116 Cardamon Ltd v Macalister & Anor [2019] EWHC 1200 (Comm) (14 May 2019)

Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (The “Atlantic Tonjer”) [2019] EWHC 1213 (Comm) (14 May 2019)

Teesside Gas Transportation Ltd v CATS North Sea Ltd & Ors [2019] EWHC 1220 (Comm) (14 May 2019)

High Court (Family Division)

Uhd v McKay [2019] EWHC 1239 (Fam) (15 May 2019)

High Court (Queen’s Bench Division)

Allen v Times Newspapers Ltd [2019] EWHC 1235 (QB) (15 May 2019)

Gilchrist v Greater Manchester Police [2019] EWHC 1233 (QB) (15 May 2019)

Patel v Arriva Midlands Ltd & Anor [2019] EWHC 1216 (QB) (14 May 2019)

Head v The Culver Heating Co Ltd [2019] EWHC 1217 (QB) (14 May 2019)

Bailey & Ors v Glaxosmithkline (UK) Ltd [2019] EWHC 1167 (QB) (09 May 2019)

High Court (Technology and Construction Court)

Moorjani & Ors v Durban Estates Ltd & Anor [2019] EWHC 1229 (TCC) (15 May 2019)

RGB P&C Ltd v Victory House General Partner Ltd [2019] EWHC 1188 (TCC) (10 May 2019)

Thomas & Anor v Taylor Wimpey Developments Ltd & Ors [2019] EWHC 1134 (TCC) (09 May 2019)

Source: www.bailii.org

Lone parents lose benefits cap challenge at supreme court – The Guardian

‘The UK’s highest court has rejected a legal challenge to the benefit cap made by campaigners who argued that it discriminated against single parents with young children.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex – Local Government Lawyer

Posted May 16th, 2019 in consent, Court of Protection, judges, local government, media, news by sally

‘A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

‘I was sworn at and told I was useless’: law’s problem with bullying at work – The Guardian

Posted May 16th, 2019 in barristers, bullying, law firms, legal profession, news, solicitors, statistics by sally

‘A recent survey has revealed experiences of aggressive behaviour and incivility from bosses and colleagues.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Voices of children overlooked in family courts, says ex-head – BBC News

‘Family courts in England and Wales are not properly accommodating children’s voices and needs because the government has suggested “it would all cost too much”, their former head has said.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Probation will be renationalised after disastrous Grayling reforms – The Guardian

Posted May 16th, 2019 in contracting out, news, probation, recidivists, rehabilitation, statistics by sally

‘The supervision of all offenders in the community is to be undertaken by the state in a major renationalisation of the probation sector, just five years after Chris Grayling introduced a widely derided programme of privatisation while justice secretary.’

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The Guardian, 16th May 2019

Source: www.theguardian.com