Police watchdog warns 35,000 police staff ‘not vetted properly’ – BBC News

‘An estimated 35,000 people working for police forces across England and Wales have not been properly vetted, a police watchdog report has found.’

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BBC News, 27th September 2019

Source: www.bbc.co.uk

Banker’s wife who spent £16m in Harrods escapes extradition to Azerbaijan on embezzlement charges – Daily Telegraph

‘A banker’s wife who spent £16million during a series of shopping sprees in Harrods has escaped extradition back to Azerbaijan on fraud charges.’

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Daily Telegraph, 26th September 2019

Source: www.telegraph.co.uk

Warrants of possession – fresh grounds and Equality Act defences – Nearly Legal

Posted September 26th, 2019 in landlord & tenant, news, rent, repossession, warrants by tracey

‘Where a landlord already has a possession order for rent arrears, but then seeks a warrant also on the basis of anti-social behaviour, the usual route has been for the landlord to ask the court to consider whether the warrant should be stayed in light of the allegations of ASB, even if the court would be minded to stay the warrant on the arrears. This was the approach in Sheffield City Council v Hopkins (2001) EWCA Civ 1023, which suggested a summary approach to fact finding in such cases.’

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Nearly Legal, 22nd September 2019

Source: nearlylegal.co.uk

Vegetarianism as a protected characteristic: another view on Conisbee – Law & Religion UK

Posted September 26th, 2019 in diversity, employment, employment tribunals, equality, human rights, news, vegetarianism by tracey

‘In Conisbee v Crossley Farms Ltd & Ors [2019] ET 3335357/2018, Employment Judge Postle gave a reserved judgment in which he found that the Claimant’s contention that vegetarianism could be a protected characteristic under the Equality Act 2010 was not well-founded. The judgment has already been noted in this blog; in this supplementary post I will be focusing on the ET’s sharp distinction between vegetarianism and veganism, which it used – rashly – to find that ethical vegetarianism was incapable of constituting a religion or belief under the Equality Act 2010.’

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Law & Religion UK, 23rd September 2019

Source: www.lawandreligionuk.com

BAILII: Recent Decisions

Posted September 26th, 2019 in law reports by tracey

High Court (Chancery Division)

Wallace v Wallace [2019] EWHC 2503 (Ch) (25 September 2019)

High Court (Commercial Court)

ABC v Shulmans LLP [2019] EWHC 2458 (Comm) (25 September 2019)

SAS Institute Inc v World Programming Ltd [2019] EWHC 2481 (Comm) (25 September 2019)

SAS Institute Inc v World Programming Ltd [2019] EWHC 2496 (Comm) (25 September 2019)

High Court (Family Division)

London Borough of Croydon v KR & Anor [2019] EWHC 2498 (Fam) (25 September 2019)

High Court (Patents Court)

Price & Ors v Flitcraft Ltd & Ors [2019] EWHC 2476 (Pat) (12 September 2019)

High Court (Queen’s Bench Division)

Trainer v Cramer Pelmont (a firm) [2019] EWHC 2501 (QB) (25 September 2019)

Source: www.bailii.org

UK fine issued for breach of CMA initial enforcement order – OUT-LAW.com

Posted September 26th, 2019 in competition, electronic commerce, mergers, news, penalties by tracey

‘A payments provider that breached an order to stop the integration of its UK business with a rival until a full merger investigation could be carried out has been fined £250,000 by the Competition and Markets Authority (CMA).’

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OUT-LAW.com, 26th September 2019

Source: www.pinsentmasons.com

Sam Fowles: Cherry/Miller: What’s Next? – UK Constitutional Law Association

‘Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of that decision.’

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UK Constitutional Law Association, 26th September 2019

Source: ukconstitutionallaw.org

CPS secures first upskirting convictions – Crown Prosecution Service

Posted September 26th, 2019 in Crown Prosecution Service, guilty pleas, news, photography, prosecutions, voyeurism by tracey

‘Four men have been convicted so far under the new “upskirting” legislation, the Crown Prosecution Service can reveal.’

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Crown Prosecution Service, 25th September 2019

Source: www.cps.gov.uk

Automatic email sign-off counts as signature, rules High Court – Law Society’s Gazette

Posted September 26th, 2019 in compromise, contracts, electronic mail, news, solicitors by tracey

‘The High Court has ordered that a compromise contract be completed after ruling that a solicitor’s automatic email sign-off was proof of signature.’

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Law Society's Gazette, 25th September 2019

Source: www.lawgazette.co.uk

HMP Coldingley prisoners ‘throw human waste out of cell windows’ – BBC News

Posted September 26th, 2019 in health & safety, news, prisons, reports by tracey

‘Prison inmates have been resorting to throwing human waste out of their cell windows because of a lack of toilets, a report has found. The Independent Monitoring Board said it was “appalled at the lack of in-cell sanitation” at Surrey’s HMP Coldingley.’

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BBC News, 26th September 2019

Source: www.innertemplelibrary.com

UK courts powerless to prevent deportation of girl, 10, at risk of FGM – The Guardian

Posted September 26th, 2019 in asylum, deportation, female genital mutilation, news by tracey

‘A British court has said it has no power to stop the deportation of a 10-year-old girl at risk of female genital mutilation (FGM) after authorities rejected her mother’s asylum application.’

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The Guardian, 25th September 2019

Source: www.theguardian.com

Volunteer police officer jailed for using Snapchat to sexually groom underage girls – The Independent

Posted September 26th, 2019 in child abuse, guilty pleas, news, sentencing, sexual grooming by tracey

‘A volunteer police officer has been jailed for using Snapchat to sexually groom underage girls.’

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The Independent, 25th September 2019

Source: www.independent.co.uk

MoD still treating some military personnel in an ‘immoral’ way with ‘no accountability for incompetence’ say MPs – Daily Telegraph

Posted September 26th, 2019 in armed forces, families, news, remuneration by tracey

‘The MoD has been accused of being “immoral and incompetent” as MPs say it is failing to uphold the Armed Forces covenant. The Defence Select Committee says the government has yet to tackle major concerns raised in its previous reports on the Armed Forces Covenant, according to its latest update which is published today.’

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Daily Telegraph, 25th September 2019

Source: www.telegraph.co.uk

Parliament was not prorogued: Michael Zander QC assesses the Supreme Court’s remarkable decision – New Law Journal

‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’

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New Law Journal, 24th September 2019

Source: www.newlawjournal.co.uk

Trans man loses landmark court fight to be called father instead of mother on baby’s birth certificate – The Independent

‘The first transgender man to give birth has lost a landmark court battle that would have seen him become the first person in Britain to be listed as the child’s father instead of its mother after having a child.’

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The Independent, 25th September 2019

Source: www.independent.co.uk

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Derivative actions and unfair prejudice petitions, by Georgina Squire – Law Society Gazette

‘Shareholder claims principally consist of unfair prejudice petitions (UPPs), instigated by members on their own behalf, and derivative actions (DAs), brought by the members on behalf of the company. Dinglis v Dinglis [2019] and Tonstate Group Ltd and Ors v Edward Wojakovski [2019] have developed the law surrounding a shareholder’s ability to bring UPPs and DAs. They involve family-run companies, providing cautionary tales for family members who choose not to formalise matters sufficiently.’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted September 25th, 2019 in law reports by michael

High Court (Chancery Division)

Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) (20 September 2019)

High Court (Commercial Court)

Bank of Baroda v Maniar & Anor [2019] EWHC 2463 (Comm) (20 September 2019)

Source: www.bailii.org

 

Pupillage advice: where to get it – Counsel

Posted September 25th, 2019 in barristers, news, podcasts, pupillage by michael

‘I’ve not met anyone who found the pupillage application process easy. Even the most brilliant candidates agonise over their applications and worry about how best to prepare for that curveball interview question. So, how do you maximise the chances of success? Even before that, how do you pick the right area of law?’

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Counsel, September 2019

Source: www.counselmagazine.co.uk

Inquisitorial inquests and barrister-blaming – Counsel

‘Families have no automatic right to legal aid at inquests where the state may be implicated and legal aid is means tested. Thus at many such hearings, the family fends for itself while culpable public bodies are represented at taxpayers’ expense.’

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Counsel, September 2019

Source: www.counselmagazine.co.uk