Coroner writes to health secretary over mental health care – The Guardian

Posted May 24th, 2019 in coroners, inquests, medicines, mental health, news, suicide by tracey

‘A coroner has highlighted concerns over the care given to a young woman with severe obsessive compulsive disorder who killed herself while on leave from a mental health hospital.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

Trans women given formal access to Hampstead Heath pond – The Guardian

Posted May 24th, 2019 in equality, gender, news, sex discrimination, transgender persons, women by tracey

‘Transgender women have had their right to use Hampstead Heath ponds formalised in a new policy. The City of London Corporation (CoLC), which manages Hampstead Heath and its ponds, announced that it had adopted a new gender identity policy to make sure services in the area “are fully compliant with the Equality Act 2010, and do not discriminate against trans people”.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

Paedophile deputy headteacher live-streamed child sex abuse while high on cocaine and meth – The Independent

‘A deputy headteacher who live-streamed child sex abuse videos while high on cocaine and crystal meth, has been jailed for more than two years.’

Full Story

The Independent, 23rd May 2019

Source: www.independent.co.uk

Criminal barristers in England and Wales to vote on walkout over pay – The Guardian

‘Criminals barristers in England and Wales are to vote over a national walkout on 1 July in protest at low fees, which they say can be as low as £46.50 for a day in court.’

Full Story

The Guardian, 24th May 2019

Source: www.theguardian.com

Convicted killer linked to historical rape of teenage girl after she discovers he is father of her child – The Independent

Posted May 24th, 2019 in child abuse, DNA, murder, news, pregnancy, rape, sexual offences, victims by tracey

‘A convicted murderer who raped a 14-year-old girl two decades ago was linked to the attack after she discovered he was the father of her child.’

Full Story

The Independent, 24th May 2019

Source: www.independent.co.uk

Judge ‘misled court in case against paedophile teacher’ – Daily telegraph

‘A judge has been accused of misleading a court and denying justice to victims of a paedophile headmaster.’

Full Story

Daily Telegraph, 23rd May 2019

Source: www.telegraph.co.uk

Investigation into the response to cheating in English language tests – National Audit Office

Posted May 24th, 2019 in auditors, examinations, fraud, immigration, press releases, statistics, visas by tracey

‘The National Audit Office (NAO) has today published its investigation into the Home Office’s response to widespread cheating by international students in English language tests. Clearly widespread cheating did take place but some people may have been wrongly accused and in some cases, unfairly removed from the UK.’

Full press release

National Audit Office, 24th May 2019

Source: www.nao.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 23rd, 2019 in legislation by tracey

The Firearms (Amendment) Rules 2019

The Education (Pupil Information) (England) (Amendment) Regulations 2019

The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 23rd, 2019 in law reports by tracey

Supreme Court

Hancock & Anor v Revenue and Customs [2019] UKSC 24 (22 May 2019)

High Court (Chancery Division)

Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019)

Ophir Energy Plc, Re Companies Act 2006 [2019] EWHC 1278 (Ch) (21 May 2019)

High Court (Family Division)

Lomax v Lomax (Referral to Early Neutral Evaluation) [2019] EWHC 1267 (Fam) (20 May 2019)

Source: www.bailii.org

Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog

Posted May 23rd, 2019 in appeals, construction industry, contracts, damages, enforcement, insolvency, news by tracey

‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’

Full Story

Practical Law: Construction Blog, 22nd May 2019

Source: constructionblog.practicallaw.com

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in causation, damages, delay, doctors, negligence, news, statutory duty by tracey

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

Full Story

UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com

High Court considers Article 2 inquests in medical cases – UK Human Rights Blog

Posted May 23rd, 2019 in duty of care, human rights, inquests, learning difficulties, negligence, news by tracey

‘R (Maguire) v HM’s Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin). A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’

Full Story

UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com

Spotlight on child protection in family courts – Ministry of Justice

‘A panel of experts will review how the family courts protect children and parents in cases of domestic abuse and other serious offences, Ministers announced today (Tuesday 21 May).’

Full press release

Ministry of Justice, 21st May 2019

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

Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer

Posted May 23rd, 2019 in appeals, commons, interpretation, local government, news, planning by tracey

‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’

Full Story

Local Government Lawyer, 22nd May 2019

Source: www.localgovernmentlawyer.co.uk

UN highlights role of legal aid cuts in “immiseration” of millions – Legal Futures

‘The decimation of legal aid has contributed to “the systematic immiseration of millions across Great Britain”, the UN’s expert on poverty and human rights said yesterday.’

Full Story

Legal Futures, 23rd May 2019

Source: www.legalfutures.co.uk

High Court refuses employed lawyer pupillage exemption – Legal Futures

Posted May 23rd, 2019 in barristers, news, pupillage by tracey

‘The High Court has a rejected a challenge to a decision by the Bar Standards Board (BSB) refusing to grant an exemption from the first non-practising stage of pupillage.’

Full Story

Legal Futures, 23rd May 2019

Source: www.legalfutures.co.uk

Sentencing (Pre-consolidation Amendment) Bill introduced to Parliament – Law Commission

‘The Sentencing (Pre-consolidation Amendment) Bill has been introduced into Parliament. This short technical Bill is necessary to pave the way for the main Sentencing Code Bill to be introduced as a consolidation Bill. Once passed, the Sentencing Code will introduce a “clean sweep” of the old sentencing law so that anyone convicted once the Code is in force would automatically be sentenced under the current law.’

Full press release

Law Commission, 23rd May 2019

Source: www.lawcom.gov.uk/

Home Secretary speech on keeping our country safe – Home Office

Posted May 23rd, 2019 in intelligence services, investigatory powers, police, speeches, terrorism by tracey

‘Home Secretary Sajid Javid spoke on security, the threat from terrorism and the importance of international collaboration.’

Full speech

Home Office, 20th May 2019

Source: www.gov.uk/home-office

Youth gang members receive life sentences after vicious attack on rival – Crown Prosecution Service

‘Four young men, three of them teenagers, received life sentences today (21 May 2109) after a Snapchat video and a conversation between offenders in the back of a police van helped secure their conviction for the murder of a 16-year-old boy.’

Full press release

Crown Prosecution Service, 21st May 2019

Source: www.cps.gov.uk

Chancellor of the High Court talks about the future on visit to Germany – Courts and Tribunals Judiciary

‘On a two-day visit to Germany, the Chancellor of the High Court, Sir Geoffrey Vos, met with judges, lawyers and officials in Bavaria and Berlin to discuss Lawtech and the work of the Business and Property Courts. He spoke at the Palace of Justice in Munich on the position of English law and UK jurisdiction after Brexit to an audience of 120 judges, lawyers and business people, all members of the British Chamber of Commerce in Germany and the Munich Juridical Society.’

Full press release

Courts and Tribunals Judiciary, 21st May 2019