Banned leader – Nearly Legal

Posted September 18th, 2019 in fines, housing, landlord & tenant, licensing, magistrates, news by tracey

’43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001. This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order against David Beattie under section 15(1) Housing and Planning Act 2016 and for a rent repayment order under section 41 H&PA 2016.’

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Nearly Legal, 17th September 2019

Source: nearlylegal.co.uk

Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty – UK Constitutional Law Association

Posted September 18th, 2019 in brexit, constitutional law, Crown, news, parliament, prerogative powers, Privy Council by tracey

‘The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive to the petitioners’ argument that the advice given to Her Majesty violated the conventional purposes for which prorogation ought to be used and was therefore unconstitutional (Cherry, [1]; see also Lord Sumption). Where the court erred was in concluding that the act of prorogation was itself unlawful. The intimate relationship between the prerogative power to prorogue and the supremacy of Parliament precludes such a conclusion. If, as seems correct, a response to this breach of convention is warranted, it is one that can, constitutionally, only come from Parliament itself.’

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UK Constitutional Law Association, 17th September 2019

Source: ukconstitutionallaw.org

BAILII: Recent Decisions

Posted September 18th, 2019 in law reports by tracey

High Court (Administrative Court)

Lonsdale, R (on the application of) v The Judicial Appointments and Conduct Ombudsman [2019] EWHC 2404 (Admin) (17 September 2019)

Source: www.bailii.org

Barrister’s latest complaint over Briggs ruling rejected – Legal Futures

‘The High Court has refused a barrister permission to challenge a decision by the Judicial Appointments and Conduct Ombudsman over a complaint she made about Supreme Court justice Lord Briggs.’

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Legal Futures, 18th September 2019

Source: www.legalfutures.co.uk

Report on legal services regulation presents case for further reform – Law Society’s Gazette

Posted September 18th, 2019 in consumer protection, legal services, Legal Services Board, news, reports by tracey

‘The potential harm to consumers arising from enduring weaknesses in legal services regulation justifies further reform, says a report published today by University College London’s Centre for Ethics and Law.’

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Law Society's Gazette, 17th September 2019

Source: www.lawgazette.co.uk

‘Catfishing’ sex offender is jailed for a year – Daily Telegraph

Posted September 18th, 2019 in internet, malicious communications, news, sentencing, sexual offences by tracey

‘A convicted sex offender, who posed as a woman on a dating website in order to trick other females into sending him intimate photographs, has been jailed for a year.’

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Daily Telegraph, 17th September 2019

Source: www.telegraph.co.uk

Met Commissioner admits knowing description of Nick as ‘credible and true’ was a mistake at the time – Daily Telegraph

Posted September 18th, 2019 in child abuse, murder, news, perverting the course of justice, police, rape by tracey

‘The Met Commissioner has come under fire over her failure to correct one of her senior officers when he described Nick, the child abuse fantasist, as “credible and true”.’

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Daily Telegraph, 17th September 2019

Source: www.telegraph.co.uk

‘Staggering’ Home Office disregard for innocent people saw thousands lose visas in cheating scandal, MPs say – The Independent

Posted September 18th, 2019 in delay, examinations, fraud, government departments, news, universities, visas by tracey

‘The Home Office showed “staggering” disregard for innocent people during the visa scandal that saw more than 50,000 overseas students accused of cheating and cost taxpayers nearly £20m, MPs have said. The Public Accounts Committee found that hundreds of people were still protesting their innocence at “great personal cost” more than five years after being accused of fraudulently passing English language tests due to the Home Office’s delay in responding to indications that some may have been wrongly caught up in the probe.’

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The Independent, 18th September 2019

Source: www.independent.co.uk

Child victims of human trafficking prosecuted despite CPS rules – The Guardian

‘Young British victims of human trafficking who have been forced to sell drugs in county lines operations are being charged and prosecuted despite guidelines against doing so, the Guardian can reveal.’

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The Guardian, 17th September 2019

Source: www.theguardian.com

More police officers to be armed with Tasers in London – The Independent

Posted September 18th, 2019 in London, news, police, weapons by tracey

‘More police officers in London are to be armed with Tasers following calls for the weapons to be rolled out for their own protection, the commissioner of the Metropolitan Police has said.’

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The Independent, 17th september 2019

Source: www.independent.co.uk

Domestic abuse commissioner Nicole Jacobs ‘relieved’ about new law – BBC News

Posted September 18th, 2019 in bills, cross-examination, domestic violence, news, victims by tracey

‘The first domestic abuse commissioner for England and Wales is “relieved” the prime minister has pledged to re-introduce a new law on the issue.’

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BBC News, 18th September 2019

Source: www.bbc.co.uk

Injunctions, evictions and unrepresented parties – Nearly Legal

Posted September 17th, 2019 in housing, injunctions, landlord & tenant, legal representation, news, repossession by tracey

‘Brown v Tyndale (2019) QBD (Robert Francis QC) 25/07/2019. The kind of thing that happens when neither party is represented…’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Rent Repayment Orders – who is the landlord? – Nearly Legal

Posted September 17th, 2019 in housing, landlord & tenant, licensing, news, rent by tracey

‘Mrs Elanga Longane et al v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision). This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an application for a licence actually made by a landlord. Second, who should a rent repayment order be made against where the ostensible landlord is a company, but the property is owned by the sole director of the company.’

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Nearly Legal, 15th September 2019

Source: nearlylegal.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 17th, 2019 in legislation by tracey

The Appeals to Traffic Commissioners (Procedure) (England) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 17th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

E (Through Her Children’s Guardian) & Anor v A Mother & Anor [2019] EWCA Civ 1557 (12 September 2019)

Source: www.bailii.org

Facial Recognition Technology: High Court gives judgment – UK Human Rights Blog

‘R (Bridges) v Chief Constable of South Wales Police and Secretary of State for the Home Department [2019] EWHC 2341 (Admin). The High Court has dismissed an application for judicial review regarding the use of Automated Facial Recognition Technology (AFR) and its implications for privacy rights and data protection.’

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UK Human Rights Blog, 12th September 2019

Source: ukhumanrightsblog.com

A Tale of Two Judgments: Scottish Court of Session rules prorogation of Parliament unlawful, but High Court of England and Wales begs to differ – UK Human Rights Blog

‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’

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UK Human Rights Blog, 11th September 2019

Source: ukhumanrightsblog.com

The recoverability of inquest costs in civil actions – UK Police Law Blog

‘The case of Fullick v The Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) concerned an appeal of a Deputy Master’s order that the MET Commissioner pay the claimants’ costs in the sum of £88,356.22, following the settlement of a contemplated civil claim for damages for breach of article 2 of the European Convention of Human Rights, negligence and misfeasance in public office. Slade J held that the Deputy Master had not erred in awarding the claimants their costs relating to the inquest because the steps taken for the purposes of it were relevant to the civil claim.’

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UK Police Law Blog, 14th September 2019

Source: ukpolicelawblog.com

High Court rules district judge could make non-party costs award after licensing hearing, but allows appeal over procedure – Local Government Lawyer

Posted September 17th, 2019 in appeals, costs, licensing, news, public order by tracey

‘A district judge hearing a licensing appeal has the power under the Licensing Act 2003 to make a non-party costs award, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2019

Source: www.localgovernmentlawyer.co.uk

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

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Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk