Unlicensed HMO and date of offence – Nearly Legal

‘Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin). An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint arose.” (Section 127 of the Magistrates’ Court Act 1980.)’

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Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

New points on appeal, after a summary possession order – Nearly Legal

Posted October 8th, 2019 in appeals, civil procedure rules, news, repossession, summary judgments by tracey

‘Notting Hill Finance Ltd v Sheikh (2019) EWCA Civ 1337. The court of appeal looks at circumstances in which new points can be raised on appeal, where a possession order has been made on a summary basis under CPR Part 55, concluding that there is no test that the case is “exceptional”.’

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Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

Healthcare-workers and transgender clients: Mackereth – Law & Religion UK

‘In Dr David Mackereth v The Department for Work and Pensions & Anor [2019] ET 1304602/2018, Dr Mackereth had been recruited by Advanced Personnel Management Group (’APM’) as a Health and Disabilities Assessor (‘HAD’) on behalf of the DWP [3]. He was contracted to assess individuals on behalf of the DWP who were contemplating, undergoing or had undergone gender reassignment. However, as a result of his Christian beliefs he refused, in conscience, to refer to clients using the pronoun of their choice – as the DWP required. It later became apparent the issue also extended to styles and titles of address [8]. He was suspended and, ultimately, sacked [17].’

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Law & Religion UK, 6th October 2019

Source: www.lawandreligionuk.com

Batei Din and arbitration awards: Sterling – Law & Religion UK

Posted October 8th, 2019 in arbitration, contracts, Judaism, jurisdiction, news by tracey

‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’

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Law & Religion UK, 7th October 2019

Source: www.lawandreligionuk.com

BAILII: Recent Decisions

Posted October 8th, 2019 in law reports by tracey

High Court (Chancery Division)

Menon & Anor v Pask & Ors [2019] EWHC 2611 (Ch) (07 October 2019)

High Court (Commercial Court)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors (BRILLANTE VIRTUOSO) [2019] EWHC 2599 (Comm) (07 October 2019)

Source: www.bailii.org

Godparent v guardian – Family Law

Posted October 8th, 2019 in children, guardianship, news, wills by tracey

‘Many parents assume that if they have appointed a godparent for their child, that the godparent will be able to step in to take care of the children if they were to die, but this is not the case.’

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Family Law, 7th October 2019

Source: www.familylaw.co.uk

Legal profession excels in social mobility league table – Law Society’s Gazette

Posted October 8th, 2019 in diversity, government departments, law firms, legal profession, news by tracey

‘The legal profession once again dominates a league table of 75 employers doing the most to improve social mobility – occupying four spots in the top 10.’

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Law Society's Gazette, 8th October 2019

Source: www.lawgazette.co.uk

Army cadet trainer tricked boys into performing sex acts by posing as 15-year-old girl ‘bait’ – The Independent

‘An Army cadet trainer has been jailed after posing as 15-year-old girl to “bait” teenage boys into performing sex acts online.’

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The Independent, 7th October 2019

Source: www.independent.co.uk

Social services should not help man meet sex workers, judge rules – The Guardian

‘A judge has ruled that social services should not facilitate access to prostitutes for a man with learning disabilities who has a “high sex drive”.’

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The Guardian, 7th October 2019

Source: www.theguardian.com

Hostile environment ruled not a factor in death of Windrush man – The Independent

Posted October 8th, 2019 in benefits, citizenship, colonies, immigration, news by tracey

‘A coroner has ruled that the Home Office’s “hostile environment” did not contribute to the death of a Windrush citizen who lost his life after spending months struggling to prove his right to live in the UK.’

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The Independent, 7th october 2019

Source: www.theguardian.com

Police failing to record thousands of crimes including harassment, stalking, and coercive behaviour, watchdog finds – Daily Telegraph

‘Police forces are failing to record thousands of crimes, including harassment, stalking, and coercive behaviour, a watchdog has found. New figures show a gap between the number of incidents that are reported and the number of incidents that are then logged appropriately.’

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Daily Telegraph, 8th October 2019

Source: www.telegraph.co.uk

Government review of abortion clinic buffer zones ‘misrepresents impact of protestors on patients’ – The Independent

‘A government review into buffer zones outside abortion clinics underplayed and misrepresented the impact of activists on staff and patients, a number of medical bodies and charities have claimed in a renewed call for better protections for women in vulnerable situations.’

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The Independent, 8th October 2019

Source: www.independent.co.uk

Children being ‘set up to fail’ on release from custody by authorities, watchdog finds – The Independent

‘Children jailed for criminal offences are being “set up to fail” by authorities who fail to give them the support they need to stop offending, a watchdog has found. Half of the 12 to 17-year-old boys whose cases were examined by HM Inspectorates of Probation and Prisons, were being investigated by police again within three months of being released from young offender institutions.’

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The Independent, 8th October 2019

Source: www.independent.co.uk

‘Touchy feely’ teacher banned from profession – BBC News

Posted October 8th, 2019 in complaints, disciplinary procedures, news, professional conduct, teachers by tracey

‘A “touchy feely” teacher has been banned from teaching.’

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BBC News, 8th October 2019

Source: www.bbc.co.uk

Families lose challenge over special-needs funding – BBC News

Posted October 8th, 2019 in budgets, disabled persons, judicial review, news, special educational needs by tracey

‘Three families who challenged the government over its approach to special needs and disability (Send) funding have lost their case at the High Court.’

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BBC News, 7th October 2019

Source: www.bbc.co.uk

Counter-terror police running secret Prevent database – The Guardian

Posted October 8th, 2019 in case management, crime prevention, freedom of information, news, police, terrorism by tracey

‘Counter-terror police across the UK have been running a secret database containing details of thousands of individuals referred to the government’s controversial anti-radicalisation Prevent programme, the Guardian can reveal.’

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The Guardian, 6th October 2019

Source: www.theguardian.com

Met Commissioner apologises over ‘Nick’ inquiry as ‘whitewash’ report clears officers of wrongdoing – Daily Telegraph

‘Dame Cressida Dick has apologised for the mistakes made during Scotland Yard’s disastrous Operation Midland investigation as a “whitewash” report from the police watchdog absolved all her officers involved of any wrongdoing.’

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Daily Telegraph, 7th October 2019

Source: www.telegraph.co.uk