11/02/2020 – Page 2 – Current Awareness

High Court Rules Prior-Approval Time Limits CAN be Extended by Agreement – Francis Taylor Building

Posted February 11th, 2020 in news, planning, time limits by sally

‘In a thorough judgment, which contains a careful and detailed analysis of the relevant statutory provisions, Holgate J accepts the Secretary of State’s submission that Article 7 of the Town and Country Planning (General Permitted Development) (England) Order 2015 permits applicants and local planning authorities to agree extensions of time for the determination of such applications in writing. In doing so, he expressly disapproves of the decision of Mr Mark Ockelton (sitting as a Deputy Judge of the High Court) in R (Warren Farm (Wokingham) Limited) v Wokingham Borough Council [2019] EWHC 2007 (Admin), which he has held “should not be followed”.’

Francis Taylor Building, 31st January 2020

Source: www.ftbchambers.co.uk

Standards committee backs AI “regulatory assurance body” – Legal Futures

Posted February 11th, 2020 in artificial intelligence, government departments, local government, news by sally

‘A body that identifies gaps in the regulatory landscape on the use of artificial intelligence (AI) and advises individual regulators is needed as the technology develops, the government has been told.’

Legal Futures, 11th February 2020

Source: www.legalfutures.co.uk

Acas guidance warns against routine use of non-disclosure agreements – Local Government Lawyer

Posted February 11th, 2020 in employment, harassment, news, non-disclosure agreements, sexual offences, whistleblowers by sally

‘Non-disclosure agreements should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work, Acas has said in new guidance.’

Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Urgent crackdown on terror sentences will affect about 50 inmates – The Guardian

Posted February 11th, 2020 in news, parole, release on licence, sentencing, terrorism by sally

‘About 50 prisoners convicted of terror offences will no longer be automatically freed halfway through their sentences, under emergency government legislation designed to prevent further jihadi attacks by recently released inmates.’

The Guardian, 11th February 2020

Source: www.theguardian.com

Wife’s guarantee to bank unenforceable due to husband’s undue influence (Syndicate Bank v Dansingani) – 4 New Square

Posted February 11th, 2020 in banking, chambers articles, company directors, guarantees, married persons, news, undue influence by sally

‘Banking & Finance analysis: Ben Archer, barrister, at 4 New Square, examines a High Court decision that a guarantee given by the first defendant company director to secure the company’s liabilities to the claimant bank was enforceable but a similar guarantee given by the second defendant company director, who was the first defendant’s wife, was not enforceable as her execution of it had resulted from his undue influence.’

4 New Square, 7th February 2020

Source: www.4newsquare.com

The luck of the law – when is criminal conduct a matter of concern to the international community? – 6KBW College Hill

Posted February 11th, 2020 in chambers articles, genocide, international courts, international law, news, torture by sally

‘Certain crimes transcend the territorial confines of any State and become a matter of concern to the world as a whole. In those cases, where a domestic prosecution is not likely or possible, other States or international courts may step in. Such crimes may qualify by the gravity of the acts themselves, as with genocide or crimes against humanity, or by the context in which they are committed, as in war crimes. Yet two recent cases – one in the UK, one at the International Court of Justice – demonstrate that external political factors can be equally determinative of whether a prosecution for the gravest of crimes will take place.’

6KBW College Hill, 11th February 2020

Source: blog.6kbw.com

Independent body to rule on MP bullying and sexual harassment claims – The Guardian

Posted February 11th, 2020 in bullying, harassment, news, parliament by sally

‘MPs are no longer to be involved in dealing with allegations of bullying and sexual harassment against their parliamentary colleagues in a “seismic change” to the way such issues are dealt with.’

The Guardian, 11th February 2020

Source: www.theguardian.com

“Dishonest” ABS owner banned for multiple breaches – Legal Futures

Posted February 11th, 2020 in alternative business structures, client accounts, disciplinary procedures, news, Solicitors Regulation Authority by sally

‘A non-lawyer owner of an alternative business structure (ABS) responsible for multiple rule breaches – including a £3.6m shortfall on his firm’s client account – has been banned from working in another one.’

Legal Futures, 11th February 2020

Source: www.legalfutures.co.uk

Frozen-egg storage 10-year limit ‘could be extended’ – BBC News

Posted February 11th, 2020 in assisted reproduction, embryology, human tissue, news, time limits by sally

‘The period of time for which eggs, sperm and embryos can be frozen could be extended, as the government calls for views on the current 10-year limit.’

BBC News, 11th February 2020

Source: www.bbc.co.uk

Disability charity boss jailed after stealing from pension fund – The Guardian

Posted February 11th, 2020 in charities, fraud, news, sentencing by sally

‘The former head of a charity has been jailed for five years after he admitted defrauding a pension scheme for workers with disabilities and using the money to buy houses in England and France.’

The Guardian, 10th February 2020

Source: www.theguardian.com

Standards watchdog calls for guidance on governance and coherent regulatory framework for those in public sector using AI – Local Government Lawyer

Posted February 11th, 2020 in artificial intelligence, local government, news, reports, standards by sally

‘The government needs to identify and embed authoritative ethical principles and issue accessible guidance on AI governance to those using it in the public sector, the Committee on Standards in Public Life has said.’

Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Why justice remains elusive for Windrush generation – The Guardian

Posted February 11th, 2020 in citizenship, colonies, compensation, immigration, news by sally

‘Victims talk about their ordeal and a complex compensation scheme that is yet to deliver.’

The Guardian, 9th February 2020

Source: www.theguardian.com

Beware the exchange of emails – another example of a contract being agreed by mistake – Technology Law Update

Posted February 11th, 2020 in contracts, electronic mail, news by sally

‘Emails might be seen as informal, but they are just as capable of creating binding agreements as good old-fashioned pen and paper. The Business and Property Court recently reminded us of this in Athena Brands v Superdrug.’

Technology Law Update, 10th February 2020

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

Understanding the implementation of the Withdrawal Agreement in domestic law – Brexit Law

Posted February 11th, 2020 in brexit, chambers articles, EC law, news, treaties by sally

‘As explained in a previous post, the entry into force on 31 January 2020 of the UK’s Withdrawal Agreement, following its ratification by both the UK and the EU, would not in and of itself have meant that the Withdrawal Agreement had effect in UK law. Rather, legislation was required to implement it.’

Brexit Law, 11th February 2020

Source: brexit.law

Court of Appeal orders council to pay £12k costs contribution after great-aunt wins appeal over care and placement orders – Local Government Lawyer

Posted February 11th, 2020 in care orders, costs, local government, news, placement orders by sally

‘The Court of Appeal has ordered a local authority to make a contribution of £12,000 towards the costs of a great-aunt who won an appeal from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

Local Government Lawyer, 10th February 2020

Source: www.localgovernmentlawyer.co.uk

Family lawyers “disproportionately female and white” – Legal Futures

Posted February 11th, 2020 in diversity, family courts, legal profession, minorities, news, statistics by sally

‘Three-quarters of family lawyers are women, while those from black, Asian and minority ethnic (BAME) backgrounds are under-represented, ground-breaking research among members of Resolution has indicated.’

Legal Futures, 11th February 2020

Source: www.legalfutures.co.uk

Fraud charges possible over Grenfell Tower refit, says inquiry chair – The Guardian

Posted February 11th, 2020 in conspiracy, fire, fraud, health & safety, inquiries, news by sally

‘People involved in the refurbishment of Grenfell Tower are facing possible charges of fraud and conspiracy to defraud, according to the chairman of the public inquiry into the disaster that claimed 72 lives.’

The Guardian, 10th February 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 11th, 2020 in legislation by tracey

The Health Protection (Coronavirus) Regulations 2020

The Code of Practice for the Welfare of Pigs (Appointed Day and Revocation) (England) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 11th, 2020 in law reports by tracey

Supreme Court

Samuel Smith Old Brewery (Tadcaster) & Ors, R (on the application of) v North Yorkshire County Council [2020] UKSC 3 (5 February 2020)

Northern Ireland devolution issues, A Reference by the Attorney General (Northern Ireland) [2020] UKSC 2 (5 February 2020)

Court of Appeal (Civil Division)

QSA & Ors, R. (On the Application Of) v Secretary of State for the Home Department & Anor [2020] EWCA Civ 130 (10 February 2020)

Court of Appeal (Criminal Division)

Nguyen, R. v [2020] EWCA Crim 140 (05 February 2020)

SW, R. v [2020] EWCA Crim 127 (05 February 2020)

Butler, R. v [2020] EWCA Crim 128 (05 February 2020)

High Court (Chancery Division)

Ingenious Litigation, Re [2020] EWHC 235 (Ch) (10 February 2020)

Source: www.bailii.org

Jamaica deportation: Home Office flight leaves UK despite court ruling – BBC News

Posted February 11th, 2020 in deportation, detention, Jamaica, news by sally

‘A Home Office flight deporting convicted offenders to Jamaica has left the UK, despite a last-minute legal challenge.’

BBC News, 11th February 2020

Source: www.bbc.co.uk

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