Family of man who died after police restraint call for better training – The Guardian

‘The family of a company director who died after being restrained on a street by police while suffering acute behavioural disorder (ABD) have called for more training to be given on how to deal with people experiencing such a crisis.’

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The Guardian, 22nd October 2019

Source: www.theguardian.com

Public inquiry to be held into Manchester terror attack to allow security services to give evidence – Daily Telegraph

‘A public inquiry will be held into the Manchester Arena terror attack so that evidence from the security services and counter-terrorism police can be heard in camera.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Snowdonia campsite death: Drunk driver who killed woman by running over tent jailed – The Independent

Posted October 23rd, 2019 in accidents, dangerous driving, drunk in charge, news, sentencing, unlawful killing by tracey

‘A driver who killed a mother while she slept after drunkenly crashing into tents at a Snowdonia campsite has been jailed.’

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The Independent, 22nd October 2019

Source: www.independent.co.uk

Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph

‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Report calls for more support for relatives of Britons murdered abroad – The Guardian

‘Bereaved families who lose a loved one to homicide overseas deserve far more support from the Foreign Office (FCO) and other agencies, a report by the victims’ commissioner for England and Wales urges.’

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The Guardian, 23rd October 2019

Source: www.theguardian.com

Katie Price, Lauren Goodger and Georgia Harrison Instagram posts banned – BBC News

Posted October 23rd, 2019 in advertising, food, health, internet, news, ombudsmen by tracey

‘A trio of influencers have had Instagram posts touting diet products banned by the UK’s ad regulator.’

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BBC News, 23rd October 2019

Source: www.bbc.co.uk

Child sex abuse survivors ‘traumatised again’ by facing attackers in court buildings before hearings – The Independent

‘Survivors of childhood sexual abuse are forced to come face-to-face with their tormentors in court buildings while waiting for cases to be heard, a report has revealed.
Such shocks are among a host of failings by authorities and advisers that are regularly leaving people “at risk of being traumatised all over again” and feeling “discarded” by the justice system.’

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The Independent, 23rd October 2019

Source: www.independent.co.uk

Sex abuse compensation rules ‘must change’ – BBC News

‘Rules that mean some victims of childhood sex abuse are denied compensation must be changed, MPs have told the Victoria Derbyshire programme.’

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BBC News, 23rd October 2019

Source: www.bbc.co.uk

Shamima Begum appeals decision to strip her of UK citizenship – The Independent

Posted October 23rd, 2019 in appeals, citizenship, immigration, news, terrorism by tracey

‘Shamima Begum will appeal the government’s decision to strip her of British citizenship at a specialist court hearing on Tuesday.’

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The Independent, 22nd October 2019

Source: www.independent.co.uk

Drugs: UK should consider legalising possession, MPs say – BBC News

‘The government should investigate decriminalising the possession of all illegal drugs in a bid to prevent the rising number of related deaths, a group of MPs has said.’

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BBC News, 23rd October 2019

Source: www.bbc.co.uk

Dentist struck off after patient bled to death hours after he extracted ten of her teeth – Daily Telegraph

Posted October 23rd, 2019 in dentists, inquests, licensing, medicines, news, professional conduct by tracey

‘A dentist has been banned from practising for a year after one of his patients bled to death only hours after he extracted ten of her teeth.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Exhumation without church or MoJ approval…- Law & Religion UK

Posted October 22nd, 2019 in burials and cremation, ecclesiastical law, Ministry of Justice, news by tracey

‘On 17 October 2019, the Daily Mail carried the snappily-titled, but detailed headline Remains of Captain Matthew Flinders – the man credited with naming Australia – will be reburied in his home village after being found in London during HS2 dig. The story concerns the remains of Captain Flinders which were discovered during the excavation of St James’s burial ground for the new High Speed rail project; the article explains:

“Following a request by descendants of the Flinders family and the local community that he be returned to his home village of Donington, Lincolnshire, HS2 Ltd’s chief executive Mark Thurston has written to the family to say he can be buried there.”

Well, not quite, for although under secular legislation, as the “nominated undertaker” under the Act, HS2 has the authority for the exhumation of Flinders’ remains and their subsequent retention, re-interment in the Donington churchyard is governed by ecclesiastical law.’

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Law & Religion UK, 19th October 2019

Source: www.lawandreligionuk.com

Defeating tenancy renewal requests by reason of redevelopment – OUT-LAW.com

Posted October 22nd, 2019 in landlord & tenant, leases, news, planning by tracey

‘The county court in England recently considered the ability of a landlord to oppose its tenant’s lease renewal due to its intention to carry out substantial construction work on the premises.’

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OUT-LAW.com, 18th October 2019

Source: www.pinsentmasons.com

‘Mixed’ police claims: Court of Appeal confirms QOCS protection is not automatic – UK Police Law Blog

‘Last year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”). The claimant’s appeal in in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724 has now been unanimously dismissed by the Court of Appeal.’

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UK Police Law Blog, 22nd October 2019

Source: ukpolicelawblog.com

Considering crystallisation: what dispute should (or can) you refer to adjudication? – Practical Law: Construction Blog

Posted October 22nd, 2019 in construction industry, contracts, dispute resolution, jurisdiction, news by tracey

‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’

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Practical Law: Construction Blog, 21st October 2019

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 22nd, 2019 in legislation by tracey

The Magistrates’ Courts (Amendment) Rules 2019

The Housing and Planning Act 2016 (Commencement No. 11) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 22nd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Guiste v The London Borough of Lambeth [2019] EWCA Civ 1758 (22 October 2019)

High Court (Administrative Court)

Aburas, R. (on the application of) v London Borough of Southwark [2019] EWHC 2754 (Admin) (21 October 2019)

Agro Foods (Ashford) Ltd, R. (on the application of) v Food Standards Agency [2019] EWHC 2718 (Admin) (21 October 2019)

High Court (Chancery Division)

Nortel Networks France SAS, Re [2019] EWHC 2778 (Ch) (22 October 2019)

Vestel Elektronik Sanayi VE Ticaret AS Vestel UK Ltd v HEVC Advance LLC & Anor [2019] EWHC 2766 (Ch) (21 October 2019)

Walsh v Walsh & Ors [2019] EWHC 2761 (Ch) (18 October 2019)

High Court (Queen’s Bench Division)

RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB) (21 October 2019)

Murphy v The Electoral Commission [2019] EWHC 2762 (QB) (21 October 2019)

Source: www.bailii.org

Public law children cases: improving parental situations, robust case management and judicial pressure – Local Government Lawyer

‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’

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Local Government Lawyer, 18th October 2019

Source: www.localgovernmentlawyer.co.uk

Vos: Woolf reforms were “inadequately revolutionary” – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, dispute resolution, evidence, expert witnesses, news by tracey

‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’

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Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

Master sets out approach to interim costs in clin neg cases – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, costs, negligence, news, personal injuries, solicitors by tracey

‘The High Court has confirmed that law firms can apply for interim payments on account of costs in medical negligence cases where it may be many years until they conclude, and set out how they should approach them.’

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Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com