Day: 20 November 2019

Professional Standards Authority v HCPC and Wood [2019] EWHC 2819 (Admin) – Charging motivation and lies in investigation – 2 Hare Court

Posted November 20th, 2019 in disciplinary procedures, mental health, news, paramedics, professional conduct, telecommunications by sally

‘Mr Wood was a paramedic called to attend Patient A, a highly vulnerable patient who suffered from a split personality disorder. Within 10-15 minutes of leaving the patient, Mr Wood began to text her. Over the course of the following month he continued to contact her. Some of those messages were sexually explicit and others attempted to arrange a meeting with the patient for sex. He also asked her to keep the messages a secret.’

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2 Hare Court, 1st November 2019

Source: www.2harecourt.com

Home Secretary withdraws appeal in child’s citizenship challenge – Garden Court Chambers

Posted November 20th, 2019 in appeals, children, citizenship, human rights, news, paternity by sally

‘The Secretary of State has withdrawn her appeal against the decision of the Administrative court in R(ota K, a child by her litigation friend) v SSHD [2018] EWHC 1834 (Admin).’

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Garden Court Chambers, 6th November 2019

Source: www.gardencourtchambers.co.uk

Ban child marriage: safeguard futures – Counsel

Posted November 20th, 2019 in children, consent, marriage, news by sally

‘Child marriage is ‘any formal marriage or informal union between a child under the age of 18 and an adult or another child’ (UNICEF). Child marriage is not a criminal offence in England and Wales. Children can marry between the ages of 16-17 with parental consent in accordance with s 3 of the Marriage Act 1949. Marriages that take place involving children below the age of 16 are void but they are not criminalised. There is no legal provision currently in place that prevents religious or customary child marriages, at any age, from taking place. Often religious or customary marriages carry even more weight than civil marriages within certain families or communities. Whilst there may only be a minority of civil marriages taking place with parental consent between children from the ages of 16-17 years old, it is unknown how many British children are married abroad and how many religious and customary marriages involving children take place each year.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

High court quash coroner’s anonymity ruling and allows family of Andrew Hall to see inquest evidence of police officers – Garden Court Chambers

Posted November 20th, 2019 in anonymity, coroners, inquests, judicial review, news, police by sally

‘On 30 October 2019 the High Court ordered that seven family members be entitled to see 16 West Yorkshire police offers and a custody nurse give evidence at the inquest into the death of Andrew Hall, quashing the coroner’s ruling on anonymity.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

Independent report into NMC’s handling of Morecambe Bay cases finds significant failings – 2 Hare Court

Posted November 20th, 2019 in birth, disciplinary procedures, hospitals, midwives, news, reports by sally

‘The Morecambe Bay Investigation (the Kirkup Report) was an inquiry into the deaths of mothers and babies at Furness General Hospital midwifery unit between 2004 and 2012. It found ten stillbirths, six neonatal deaths, and three maternal deaths were part of a pattern of failures in care at every level within the unit. There was an inability to confront the endemic poor practice that linked the incidents, and a defensive approach amongst the midwifery team. This pattern of failures was not identified or acted on for several years.’

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2 Hare Court, 15th November 2019

Source: www.2harecourt.com

“All for one and one for all” when it comes to severing an adjudicator’s decision – Practical Law: Construction Blog

Posted November 20th, 2019 in construction industry, contracts, dispute resolution, enforcement, news, Scotland by sally

‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’

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Practical Law: Construction Blog, 19th November 2019

Source: constructionblog.practicallaw.com

Miller 2, the Supreme Court and the politics of constitutional interpretation – Counsel

Posted November 20th, 2019 in brexit, constitutional law, news, parliament, prorogation, Supreme Court by sally

‘In the aftermath of the Miller 2/Cherry judgment, delivered on 24 September 2019, the Supreme Court has come under attack for making a ‘political’ intervention. This had led to some calls for political supervision of judicial appointments on the basis that the Supreme Court is now a ‘political player’. In reality these arguments do not seem to have gained much traction but these criticisms, nevertheless, raise some important questions about the boundaries between law and politics in the UK.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

Part 36 Offers Explained – Becket Chambers

Posted November 20th, 2019 in news, part 36 offers by sally

‘This article explains the key points about Part 36 offers and provides top tips for avoiding common pitfalls.’

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Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

Jury highlight Morton Hall multiple staff failures as inquest concludes on death of immigration detainee Carlington Spencer – Garden Court Chambers

Posted November 20th, 2019 in death in custody, detention, immigration, inquests, juries, news by sally

‘The inquest into the death of Carlington Spencer, known to his family as ‘Jammy’, concluded on Friday 8 November. Carlington was an immigration detainee at Morton Hall Immigration Removal Centre.’

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Garden Court Chambers, 14th November 2019

Source: www.gardencourtchambers.co.uk

CA: Part 36 offer did not contract out of fixed costs – Litigation Futures

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Mental Capacity Guidance Note: Deprivation of Liberty in the Hospital Setting – 39 Essex Chambers

Posted November 20th, 2019 in Court of Protection, deprivation of liberty safeguards, hospitals, human rights, mental health, news by sally

‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’

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39 Essex Chambers, 11th November 2019

Source: www.39essex.com

“Severe failures” in care led to the death of vulnerable pensioner Leocardo Loney – Garden Court Chambers

Posted November 20th, 2019 in care homes, elderly, inquests, news by sally

‘The family of a vulnerable London man who was found dead more than two months after he went missing from Willow House, the extra care housing where he lived, have spoken out following an inquest into his death.’

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Garden Court Chambers, 7th November 2019

Source: www.gardencourtchambers.co.uk

Refreshing legal clarity on cryptocurrencies and smart contracts – Technology Law Update

Posted November 20th, 2019 in computer programs, contracts, cryptocurrencies, electronic commerce, news by sally

‘A UK Government-backed task force has reviewed the status of cryptocurrencies and smart contracts under the existing law. In a new Legal Statement, they offer some welcome clarity to these evolving technologies.’

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Technology Law Update, 19th November 2019

Source: www.technology-law-blog.co.uk

Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

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Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Secret Commissions: Wood v Commercial First Business – Case Analysis – Forum Chambers

Posted November 20th, 2019 in agency, disclosure, fees, forgery, limitations, loans, mortgages, news, rescission by sally

‘This note is essential reading for mortgage providers, brokers and any practitioners with a practice or interest in civil fraud as the case constitutes perhaps the most detailed review of the law on secret commissions to date. In particular, it addresses the distinction between full secret commissions and so-called half-secret commissions where there is a partial disclosure. It clarifies the law in the area and solidifies the basis for a broker being held liable where a commission is only partially disclosed.’

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Forum Chambers, 12th November 2019

Source: www.forumchambers.com

Home Secretary announces investigation into Brook House immigration removal centre will be converted into Public Inquiry – Garden Court Chambers

Posted November 20th, 2019 in detention, immigration, inquiries, news, ombudsmen by sally

‘On 5 November 2019 the Secretary of State for the Home Department, Priti Patel, announced to Parliament that the Prisons and Probations Ombudsman (PPO) investigation of Brook House immigration removal centre (IRC), set up to investigate the abuses revealed in the BBC Panorama documentary ‘Undercover: Britain’s Immigration Secrets’, has been converted to a statutory public inquiry in accordance with the Inquiries Act 2005.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

Terminally Ill Dad ‘Fights On’ After High Court Rejects Assisted Dying Case – Rights Info

Posted November 20th, 2019 in assisted suicide, human rights, news by sally

‘A terminally ill dad has vowed to fight on after the High Court rejected his human rights challenge against the UK’s blanket ban on assisted dying.’

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Rights Info, 19th November 2019

Source: rightsinfo.org

Princess Haya of Jordan and her husband Dubai ruler Sheik Mohammed Al Maktoum are before the High Court this week seeking rulings in relation to their children: Hilary Lennox explains the applications – 5SAH

Posted November 20th, 2019 in children, domestic violence, family courts, forced marriages, jurisdiction, news, non-molestation orders, wardship by sally

‘Princess Haya bint al-Hussein of Jordan attended court in July 2019 and made three applications before the High Court of England and Wales. A Forced Marriage Protection Order, Wardship orders in respect of their two children and a non-molestation order to protect her against domestic violence.’

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5SAH, 12th November 2019

Source: www.5sah.co.uk

Relief from the forfeiture of a licence – Guildhall Chambers

Posted November 20th, 2019 in forfeiture, landlord & tenant, leases, news by sally

‘Traditionally it has been supposed that only tenants of leases could obtain relief from forfeiture; Grays’
Elements of Land Law 5th Ed. §4.1.69:
Only a tenant – and not a licensee – may ask for relief against forfeiture.
This has just been reversed by the Supreme Court (23rd October 2019).’

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Guildhall Chambers, 7th November 2019

Source: www.guildhallchambers.co.uk

Local authorities detect 22% more council tax fraud cases in last year, CIPFA research finds – Local Government Lawyer

Posted November 20th, 2019 in council tax, fraud, local government, news, statistics by sally

‘Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk