October 2019 – Page 12 – Current Awareness

Push for tougher line on witness statements – Law Society’s Gazette

Posted October 18th, 2019 in drafting, evidence, news, reports, witnesses by tracey

‘Initial proposals for the reform of witness statements are due to be considered by the senior judiciary in November, a High Court judge said this week. Mr Justice Baker, a member of the Witness Evidence Working Group, told delegates at the Law Society’s Commercial Litigation Conference on Tuesday that the group has now completed its report, which is due to be considered by judges at a “higher pay grade” next month.’

Law Society's Gazette, 18th October 2019

Source: www.lawgazette.co.uk

Children: Private Law Update (Autumn 2019) – Family Law Week

Posted October 18th, 2019 in appeals, children, contact orders, costs, evidence, family courts, identification, news, paternity by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

Family Law Week, 13th October 2019

Source: www.familylawweek.co.uk

Home Office overturns NHS eye doctor’s visa refusal – The Guardian

Posted October 18th, 2019 in doctors, immigration, news, visas by tracey

‘The Home Office has overturned its ban on an NHS eye doctor returning to Britain after the Guardian highlighted his case. Dr Chan, 38, who does not want to reveal his first name or exact Asian country of origin, was initially refused a new visa after he made a small error in his application, but he was told on Thursday that he would be allowed to re-enter the country.’

The Guardian, 17th October 2019

Source: www.theguardian.com

Equalities watchdog ‘calls time’ on discrimination gagging orders – Daily Telegraph

Posted October 18th, 2019 in equality, harassment, news, non-disclosure agreements, victimisation, whistleblowers by tracey

‘Non-disclosure agreements must not prevent employees bringing discrimination cases against their employer, new guidance from the equalities watchdog says.’

Daily Telegraph, 17th October 2019

Source: www.telegraph.co.uk

UK couple ‘had 11-year-old son stabbed to death to claim £150,000 insurance payout’ – The Independent

Posted October 18th, 2019 in adoption, children, extradition, India, insurance, murder, news by tracey

‘A couple are facing attempts to extradite them to India over claims they arranged the murder of their 11-year-old adopted son so they could claim a life insurance payout.’

The Independent, 17th October 2019

Source: www.independent.co.uk

Women bullied and harassed at ‘toxic’ British Medical Association, scathing report into sexism says – The Independent

Posted October 18th, 2019 in bullying, harassment, news, women by tracey

‘Women face sexual harassment and bullying at the British Medical Association, a scathing report has found.’

The Independent, 17th October 2019

Source: www.independent.co.uk

Barristers urge government to launch new policies on sexual harassment at work – The Independent

Posted October 18th, 2019 in barristers, harassment, news, sexual offences by tracey

‘The Bar Council, which represents all 16,500 barristers in England and Wales, has lent its backing to a number of proposals the government has outlined in its recent consultation on sexual harassment at work.’

The Independent, 17th October 2019

Source: www.independent.co.uk

Suzanne Brown killing: Essex Police cleared of wrongdoing – BBC News

Posted October 18th, 2019 in complaints, delay, domestic violence, murder, news, police by tracey

‘A police force that took nearly three hours to respond to a 999 call in the case of a man who stabbed his partner 173 times has been cleared of wrongdoing by the watchdog.’

BBC News, 17th October 2019

Source: www.bbc.co.uk

Police prosecute man for throwing paint over a carpet aged 12, 10 years after the offence was committed – Daily Telegraph

Posted October 18th, 2019 in children, criminal damage, DNA, guilty pleas, news, prosecutions by tracey

‘Police prosecuted a man for throwing paint over a carpet, 10 years after the offence which he committed aged 12.’

Daily Telegraph, 17th October 2019

Source: www.telegraph.co.uk

Watchdog endorses police use of tactical force against moped thieves as legitimate – Daily Telegraph

Posted October 18th, 2019 in motorcycles, news, police, theft by tracey

‘Police watchdogs have endorsed the tactic of knocking moped thieves off their motorbikes as a “legitimate use of force” for officers with specialist training.’

Daily Telegraph, 17th October 2019

Source: www.telegraph.co.uk

Drayton Manor to be prosecuted over Evha Jannath’s death – BBC News

Posted October 18th, 2019 in health & safety, homicide, news, prosecutions by tracey

‘The operator of a theme park where an 11-year-old girl died after falling from a water ride is to be prosecuted under health and safety laws. Evha Jannath, from Leicester, was on a school trip in 2017 when she fell from Splash Canyon at Drayton Manor. Staffordshire-based Drayton Manor Park Ltd will face a charge under Section 3 of the Health and Safety at Work Act.’

BBC News, 17th October 2019

Source: www.bbc.co.uk

Aid agencies accused of failure to make good on Oxfam abuse scandal pledges – The Guardian

Posted October 18th, 2019 in charities, news, sexual offences, whistleblowers by tracey

‘MPs have accused aid organisations of “dragging their feet” over combating sexual exploitation and abuse in the sector, despite safeguarding pledges made in 2018 after the Oxfam abuse scandal. Work to improve protection and support for whistleblowers has “stalled”, and more needs to be done to protect survivors, a report by the UK international development committee (IDC) has said.’

The Guardian, 18th October 2019

Source: www.theguardian.com

Heathrow expansion violates climate rights of children, say lawyers – The Guardian

Posted October 17th, 2019 in airports, children, climate change, environmental health, environmental protection, news, planning by sally

‘The multibillion-pound expansion of Heathrow violates the rights of children and future generations, who will face the greatest impact of the climate crisis, lawyers will argue at the court of appeal in London.’

The Guardian, 17th October 2019

Source: www.theguardian.com

Developer fails in bid to rely on planning permission granted in 1967 – Local Government Lawyer

Posted October 17th, 2019 in housing, local government, news, planning by sally

‘A developer cannot rely on a 52-year-old planning permission now physically incapable of completion, a High Court judge has ruled.’

Local Government Lawyer, 16th October 2019

Source: www.localgovernmentlawyer.co.uk

Anurag Deb: Identity: Northern Ireland’s Gordian Knot – UK Constitutional Law Association

Posted October 17th, 2019 in appeals, citizenship, constitutional law, immigration, married persons, news, Northern Ireland, tribunals by sally

‘ On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing commentators both in and outside Northern Ireland. Briefly, the UT had heard the Home Secretary’s appeal against the First-tier Tribunal (FTT) decision which had declared that the American claimant (respondent in the UT) was entitled to apply to reside in Northern Ireland under the EU Citizen’s Directive because his wife was permitted to self-identify as an Irish national in accordance with the provisions of the Good Friday Agreement (GFA). British nationality, the FTT declared, could not be “imposed” on her at birth, flying in the face of the British Nationality Act 1981 (BNA), section 1 of which, it was argued, does precisely that. The UT allowed the appeal and overturned the FTT judgment, revealing a tension which goes far beyond immigration law.’

UK Constitutional Law Association, 17th October 2019

Source: ukconstitutionallaw.org

Extinction Rebellion London Ban: What Is A Section 14 Order And Is It Lawful? – Rights Info

Posted October 17th, 2019 in climate change, demonstrations, environmental protection, freedom of expression, human rights, judicial review, London, news, police, public order by sally

‘Police have banned climate campaigners Extinction Rebellion (XR) from protesting in London, a move that human rights groups have condemned as “chilling”. What power does the police have to do this, and is it lawful? RightsInfo explores.’

Rights Info, 15th October 2019

Source: rightsinfo.org

Credit card lie “made PI claimant fundamentally dishonest” – Litigation Futures

Posted October 17th, 2019 in accidents, appeals, contempt of court, damages, deceit, news, personal injuries, taxis by sally

‘A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.’

Litigation Futures, 17th October 2019

Source: www.litigationfutures.com

All Hale Parliament: Responding to the Reith Lectures – UK Human Rights Blog

Posted October 17th, 2019 in constitutional law, human rights, judges, judiciary, jurisdiction, news, parliament, rule of law by sally

‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’

UK Human Rights Blog, 16th October 2019

Source: ukhumanrightsblog.com

Charity launches legal action against NHS fees for pregnant migrants – The Guardian

Posted October 17th, 2019 in charities, fees, immigration, news, pregnancy by sally

‘A charity has launched a legal challenge against the policy of charging vulnerable migrant women £7,000 or more to access NHS maternity care.’

The Guardian, 16th October 2019

Source: www.theguardian.com

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