Giving birth and the Court of Protection – Transparency Project

Posted September 3rd, 2019 in birth, consent, Court of Protection, health, learning difficulties, news, pregnancy by sally

‘Every year, there are a handful of applications to the Court of Protection to authorise delivery a baby by caesarean section against the wishes of the mother, or where the mother is unable to express a preference due to significant mental impairment. Since the case of FG in 2014 (NHS Trust & Ors v FG [2014] EWCOP 30), the guidance given to medical practitioners has been that a court application is required where a c-section is proposed but the merits are finely balanced or will involve more than transient forcible restraint; where there is a serious dispute about the patient’s best interests; or where there is a real risk that the proposed treatment constitutes a deprivation of the patient’s liberty.’

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Transparency Project, 2nd September 2019

Source: www.transparencyproject.org.uk

BSB passes regulatory test on advocacy quality – Legal Futures

‘The Legal Services Board (LSB) has said the Bar Standards Board (BSB) now meets the standard it set for improving the quality of advocacy – unlike the Solicitors Regulation Authority (SRA) and CILEx Regulation (CR), whose work is ongoing.’

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Legal Futures, 3rd September 2019

Source: www.legalfutures.co.uk

Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, EC law, international law, interpretation, news, time limits, treaties by sally

‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’

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UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Article: The legal challenge to proroguing Parliament – what is happening in the Scottish Courts? – UKSC Blog

‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’

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UKSC Blog, 2nd September 2019

Source: ukscblog.com

Costs lawyers “see opportunities” in helping clients challenge bills – Litigation Futures

Posted September 3rd, 2019 in appeals, budgets, costs, news, proportionality, solicitors, statistics by sally

‘A majority of costs lawyers think there is a business opportunity in helping unhappy clients challenge their solicitors’ bills, a survey has found.’

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Litigation Futures, 3rd September 2019

Source: www.litigationfutures.com

Asylum-Seeking Children Might Not Be Able To Reunite With Their Families After Brexit, Campaigners Warn – Rights Info

‘The Home Office is looking to end the current system which reunites asylum-seeking children with their families if a no-deal Brexit goes through.’

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Rights Info, 2nd September 2019

Source: rightsinfo.org

Tainted Gifts – Radcliffe Chambers

Posted September 3rd, 2019 in charities, gifts, news by sally

‘Josh Lewison analyses the approaches available to charity trustees when they encounter tainted gifts, in an article recently published by Trusts and Estates Law & Tax Journal.’

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Radcliffe Chambers, 27th August 2019

Source: www.radcliffechambers.com

Man jailed for driving into PC near Stafford 10k race – BBC News

‘A banned driver who crushed a police officer against a fence before dragging her along has been jailed for 12 years.’

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BBC News, 2nd September 2019

Source: www.bbc.co.uk

Jacob Rowbottom: Political Purposes and the Prorogation of Parliament – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, constitutional law, news, parliament, prerogative powers, royal prerogative by sally

‘While the prorogation of Parliament has generated political controversy, constitutional lawyers are asking whether the government acted legally in advising the Monarch. The legal challenges to the prorogation will face a number of hurdles. Even if the prerogative power is justiciable, there are difficult questions in identifying the specific legal issue. When writing about a potential challenge in June, Lord Pannick stated that one legal objection is that ‘the prime minister would be seeking to prorogue parliament for the purpose of avoiding parliamentary sovereignty on an issue of significant constitutional importance’. This post will explore a related line of argument, which focuses on proroguing Parliament as a means to avoid political accountability (so the argument does not rely on the language of sovereignty). The starting point in the line of argument is that the prorogation will to some degree hinder Parliament in whatever it wants to do in the period immediately prior to Britain exiting the EU. That goes beyond the potential to enact legislation or pass a motion of no confidence, and also includes the ordinary channels of political accountability and scrutiny of government.’

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UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Whose windows are these? – Nearly Legal

Posted September 3rd, 2019 in housing, landlord & tenant, news, repairs by sally

‘As should be well known, when it comes to landlord’s repairing responsibilities, an awful lot depends on the wording of the tenancy agreement. See for example, Welsh v Greenwich LBC (2001) 33 HLR 40 CA line of cases where a tenancy clause committing the landlord to keep the property ‘in good condition’ or ‘fit to live in’ made the landlord liable for condensation mould.’

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Nearly Legal, 2nd September 2019

Source: nearlylegal.co.uk

NDA advice “must be about more than just the law” – Legal Futures

‘Any solicitor who thinks it is only the law that restricts advice on non-disclosure agreements (NDAs), ignoring the wider public interest, is “heading for trouble”, experts have warned.’

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Legal Futures, 3rd September 2019

Source: www.legalfutures.co.uk

County to pay mother £24k after Ombudsman report into overcrowding and failure to comply with care order – Local Government Lawyer

Posted September 3rd, 2019 in care orders, compensation, delay, families, housing, local government, news, ombudsmen, standards by sally

‘A county council has agreed to pay £24,000 after a Local Government and Social Care Ombudsman investigation into a case where a mother of three, who also took on the care of her two grandchildren, had to sleep on a mattress in her living room for more than 10 years because the local authority did not deliver the support it had agreed to.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Man admits crushing boy, 3, to death with car seat – The Guardian

‘A man has admitted crushing a three-year-old boy to death with his car seat.’

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The Guardian, 2nd September 2019

Source: www.theguardian.com

High Court refers law firm to SRA over “bogus claims” – Legal Futures

Posted September 3rd, 2019 in immigration, law firms, news, Solicitors Regulation Authority, standards by sally

‘The High Court has referred an immigration law firm to the Solicitors Regulation Authority (SRA) after complaining about “wholly bogus claims are advanced by firms of solicitors who are either inexpert or incompetent, or where the staff are not properly supervised”.’

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Legal Futures, 3rd September 2019

Source: www.legalfutures.co.uk

Anger as River Teifi pollution plant avoids prosecution – BBC News

Posted September 3rd, 2019 in accidents, animals, environmental protection, fines, news, pollution, prosecutions, Wales, water by sally

‘Anglers are “appalled and dismayed” at the decision not to prosecute a company that polluted a river, killing about 18,000 fish.’

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BBC News, 2nd September 2019

Source: www.bbc.co.uk

Victim forced to give evidence as Worboys bids to avoid life term – The Guardian

Posted September 3rd, 2019 in drug offences, evidence, news, rape, sexual offences, victims by sally

‘The serial sex attacker John Worboys has forced one of his victims to give evidence in court as he attempts to avoid a life sentence.’

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The Guardian, 2nd September 2019

Source: www.theguardian.com

Failure to pay confiscation order leaves recycling fraudster facing further eight years in prison – Local Government Lawyer

Posted September 3rd, 2019 in assets recovery, confiscation, fraud, news, proceeds of crime, waste by sally

‘A defendant convicted of defrauding the electrical waste recycling industry has been sentenced to prison for a further eight years after he failed to meet a £1.3m confiscation order.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 3rd, 2019 in legislation by tracey

The Designation of Schools Having a Religious Character (England) (No. 2) Order 2019

The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2019

Source: www.legislation.gov.uk