Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph

Posted January 27th, 2020 in holidays, news, rights of way by sally

‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’

Full Story

Daily Telegraph, 26th January 2020

Source: www.telegraph.co.uk

Government to set up new regulator for oversight of high-risk buildings – Local Government Lawyer

‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’

Full Story

Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

The case for judicial early neutral evaluation – Law Society’s Gazette

Posted January 27th, 2020 in case management, civil procedure rules, dispute resolution, news by sally

‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’

Full Story

Law Society's Gazette, 27th January 2020

Source: www.lawgazette.co.uk

Cocaine seizure: Men jailed after 750kg haul found on boat – BBC News

Posted January 27th, 2020 in drug offences, drug trafficking, imprisonment, news, sentencing by sally

‘Two men have been jailed for conspiracy to import cocaine after one of the largest hauls of the drug in UK history was found on board a boat.’

Full Story

BBC News, 27th January 2020

Source: www.bbc.co.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

Full Story

UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Call for new law to protect victims in the justice system – The Guardian

Posted January 27th, 2020 in courts, criminal justice, news, prosecutions, statistics, victims by sally

‘Ministers have been urged to introduce a “victims’ law” to stop people losing faith in the criminal justice system. The move comes after new data revealed that the number of crime victims who decline to press charges has more than doubled in five years.’

Full Story

The Guardian, 25th January 2020

Source: www.theguardian.com

Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules – Local Government Lawyer

Posted January 27th, 2020 in Afghanistan, asylum, children, codes of practice, immigration, local government, news by sally

‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’

Full Story

Local Government Lawyer, 24th January 2020

Source: www.localgovernmentlawyer.co.uk

Fraud victims ‘failed’ as criminals ‘operate with impunity’ – report – BBC News

Posted January 27th, 2020 in criminal justice, fraud, news, police, statistics, telecommunications, victims by sally

‘Fraudsters “operate with impunity” as a surge in cases has left police struggling to cope, a report has found.’

Full Story

BBC News, 25th January 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 27th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Alibrahim v Asturion Fondation [2020] EWCA Civ 32 (24 January 2020)

AIG Financial Products Corp & Ors v Gruber & Ors [2020] EWCA Civ 31 (24 January 2020)

High Court (Administrative Court)

Chawla v The Government of India [2020] EWHC 102 (Admin) (23 January 2020)

High Court (Chancery Division)

Carter v Bailey & Anor (Sturgeon Central Asia Balanced Fund Ltd) [2020] EWHC 123 (Ch) (27 January 2020)

Morley v The Royal Bank of Scotland PLC [2020] EWHC 88 (Ch) (27 January 2020)

Elston v King & Anor [2020] EWHC 55 (Ch) (24 January 2020)

High Court (Patents Court)

Lufthansa Technik AG [2020] EWHC 83 (Pat) (14 January 2020)

High Court (Queen’s Bench Division)

Morrison v Liverpool Women’s NHS Foundation Trust [2020] EWHC 91 (QB) (27 January 2020)

Eurasia Sports Ltd v Tsai & Ors [2020] EWHC 81 (QB) (24 January 2020)

Fine Lady Bakeries Ltd v EDF Energy Customers Ltd & Anor [2020] EWHC 87 (QB) (24 January 2020)

High Court (Technology and Construction Court)

MPB v LGK [2020] EWHC 90 (TCC) (23 January 2020)

Source: www.bailii.org

Gypsies and Travellers – time for a rethink – Nearly Legal

‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’

Full Story

Nearly Legal, 26th January 2020

Source: nearlylegal.co.uk

Bar investigates training on how to deal with suicidal clients – Legal Futures

Posted January 27th, 2020 in barristers, families, family courts, legal education, mental health, news, suicide by sally

‘The Bar Council is to explore how to deliver training to barristers about dealing with suicidal clients after a family law practitioner related her own harrowing experiences confronting the issue.’

Full Story

Legal Futures, 27th January 2020

Source: www.legalfutures.co.uk

Grenfell Tower fire: Second phase of inquiry to begin – BBC News

‘The second phase of the Grenfell Tower fire inquiry is to begin later, days after one of its panellists resigned.’

Full Story

BBC News, 27th January 2020

Source: www.bbc.co.uk

Longer sentences will not cut crime, say prison experts – The Guardian

‘Boris Johnson’s hardline approach to justice will not cut crime and will only pile pressure on overstretched prisons, expert campaigners have said, as research reveals life sentences have already risen sharply.’

Full Story

The Guardian, 27th January 2020

Source: www.theguardian.com

A scheme of arrangement cannot compel a landlord to accept a surrender of a lease because this would interfere with the landlord’s proprietary rights, the High Court in England has ruled – OUT-LAW.com

Posted January 24th, 2020 in debts, landlord & tenant, leases, loans, news, schemes of arrangement by tracey

‘A scheme of arrangement cannot compel a landlord to accept a surrender of a lease because this would interfere with the landlord’s proprietary rights, the High Court in England has ruled.’

Full Story

OUT-LAW.com, 23rd January 2020

Source: www.pinsentmasons.com

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

Full Story

Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

Full Story

UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

New Act – legislation.gov.uk

Posted January 24th, 2020 in brexit, EC law, legislation by tracey

European Union (Withdrawal Agreement) Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 24th, 2020 in legislation by tracey

The Double Taxation Dispute Resolution (EU) Regulations 2020

The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020

The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2020

The Parental Bereavement (Leave and Pay) Act 2018 (Commencement) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 24th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Cuadrilla Bowland Ltd & Ors v Lawrie & Ors [2020] EWCA Civ 9 (23 January 2020)

Michael, R (On the Application Of) v The Governor of Hmp Whitemoor & Anor [2020] EWCA Civ 29 (23 January 2020)

Candey Ltd v Crumpler & Anor [2020] EWCA Civ 26 (23 January 2020)

High Court (Administrative Court)

FF, R. (On the Application Of) v Director of Legal Aid Casework [2020] EWHC 95 (Admin) (23 January 2020)

High Court (Chancery Division)

Wilson & Anor v McNamara & Ors [2020] EWHC 98 (Ch) (23 January 2020)

Claimants In the Royal Mail Group Litigation v Royal Mail Group Ltd [2020] EWHC 97 (Ch) (23 January 2020)

High Court (Commercial Court)

National Bank Trust v Yurov & Ors [2020] EWHC 100 (Comm) (23 January 2020)

Ivy Technology Ltd v Martin & Ors [2020] EWHC 94 (Comm) (23 January 2020)

High Court (Queen’s Bench Division)

Lenkor Energy Trading DMCC v Puri [2020] EWHC 75 (QB) (23 January 2020)

Source: www.bailii.org

Disabled lawyers “face daily discrimination” – Legal Futures

‘Disabled lawyers face both overt and “unconscious” discrimination on a daily basis, such as “rituals, practices and attitudes that exclude or undermine them”, according to research published today.’

Full Story

Legal Futures, 24th February 2020

Source: www.legalfutures.co.uk