What is judicial review and why doesn’t the government like it? – The Guardian

Posted February 12th, 2020 in government departments, judicial review, news, parliament, rule of law by sally

‘Downing Street’s frustration over what it believes is excessive use of the judicial review process to overturn ministerial decisions – this week preventing deportations – has focused political attention on the complex courtroom process.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Family In Legal Bid As Son Denied ‘Life-Saving’ Cannabis-Based Medicine – Each Other

Posted February 12th, 2020 in children, families, medicines, news by sally

‘The family of a two-year-old boy with a rare medical condition is taking an NHS Trust to court for refusing to prescribe a cannabis-based treatment they believe is helping him.’

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Each Other, 12th February 2020

Source: eachother.org.uk

Challenging a Settled Status decision – Richmond Chambers

Posted February 12th, 2020 in appeals, brexit, EC law, immigration, judicial review, news by sally

‘The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019.’

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Richmond Chambers, 5th February 2020

Source: immigrationbarrister.co.uk

Met police deploy live facial recognition technology – The Guardian

‘The Metropolitan police have been accused of defying the warnings of its own watchdogs by beginning operational use of facial recognition CCTV, despite a scathing assessment of its effectiveness from the expert hired to scrutinise its trials.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Judge says cowboy traders can be ‘professional, legitimate and hard working’ as he jails rogue plumber – Daily Telegraph

Posted February 12th, 2020 in building law, health & safety, licensing, news, sentencing by sally

‘A judge has said cowboy traders can be “professional, legitimate and hard working”, as he jailed a rogue plumber.’

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Daily Telegraph, 11th February 2020

Source: www.telegraph.co.uk

Regulator Ofcom to have more powers over UK social media – BBC News

Posted February 12th, 2020 in internet, news, ombudsmen, regulations, standards, suicide, young persons by sally

‘New powers will be given to the watchdog Ofcom to force social media firms to act over harmful content.’

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BBC News, 12th February 2020

Source: www.bbc.co.uk

Jeremy Bamber lawyers say new evidence undermines conviction – The Guardian

Posted February 12th, 2020 in disclosure, documents, evidence, families, forensic science, murder, news, police, suicide by sally

‘Lawyers for Jeremy Bamber, who is serving a whole life sentence for murdering his family, have unearthed evidence that they say undermines the claim that it was “inconceivable” for his adoptive sister to have shot herself.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

SDT clears partner in “accidental overcharging” case – Legal Futures

‘A former head of private client accused of overcharging an estate by up to £30,000 when acting as executor has been cleared of misconduct by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 12th February 2020

Source: www.legalfutures.co.uk

‘Boy B’ in Yousef Makki case identity revealed – BBC News

‘A teenager cleared of lying to police over the fatal stabbing of a schoolboy can be named after losing a High Court bid to protect his anonymity.’

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BBC News, 11th February 2020

Source: www.bbc.co.uk

‘The victimisation was horrible’: why are so many disabled lawyers treated badly? – The Guardian

‘A new study says that more than half of disabled lawyers have experienced bullying or discrimination at work.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Overstaying and applying for further leave to remain – Richmond Chambers

Posted February 11th, 2020 in chambers articles, immigration, news by sally

‘When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.’

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Richmond Chambers, 10th February 2020

Source: immigrationbarrister.co.uk

In the matter of Comet Group Limited (in Liquidation) [2018] EWHC 1378 (Ch) – Wilberforce Chambers

Posted February 11th, 2020 in administrators, disciplinary procedures, liquidators, news by sally

‘This judgment is an important one. It concerned an application by the joint liquidators of Comet (formerly joint administrators) for directions permitting them not to carry out any further investigation into the validity of the fixed and floating charge held by a single purpose vehicle (“HAL”) that had been granted by Comet under a year before it collapsed into administration. The joint liquidators also sought a direction that they be permitted to transfer a further tranche of funds to HAL that had been realised in the administration.’

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Wilberforce Chambers, 5th February 2020

Source: www.wilberforce.co.uk

Disability Discrimination: Long-Term Requirement – Pallant Chambers

Posted February 11th, 2020 in disability discrimination, equality, news by sally

‘Until Tesco Stores Ltd v Tennant UKEAT/0167/19 there was no direct authority on whether it was possible to pursue claims of alleged disability discrimination during the 12-month period starting from the date the impairment met all the other requirements under the legislation.’

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Pallant Chambers, 5th February 2020

Source: www.pallantchambers.co.uk

COA Considers Causation & the Reach of s.43G in Jesudason v Alder Hey Childrens NHS Foundation Trust – Old Square Chambers

Posted February 11th, 2020 in causation, disclosure, news, victimisation, whistleblowers by sally

‘Mr Jesudason was a consultant paediatric surgeon for the Trust. Between 2009 and 2014, he made a number of allegations to the Trust, several regulatory bodies and other third parties, including the media. These allegations related to serious failures and wrongdoing in the operation of his Department at the Trust. Following the termination of his employment, Mr Jesudason brought claims of whistleblowing. His claims were dismissed by the ET and the EAT. Giving the sole judgment in the Court of Appeal, Sir Patrick Elias dismissed Mr Jesudason’s appeal.’

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Old Square Chambers, 4th February 2020

Source: www.oldsquare.co.uk

Challenging suspicious wills – Radcliffe Chambers

Posted February 11th, 2020 in chambers articles, fraud, news, undue influence, wills by sally

‘In this paper, Charles Holbech explores in detail the different grounds of invalidity on which a claimant might rely when challenging a suspicious will, including undue influence, fraudulent calumny, want of knowledge and approval, testamentary incapacity and lack of due execution.’

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Radcliffe Chambers, 5th February 2020

Source: radcliffechambers.com

Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 – Hardwicke Chambers

‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’

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Hardwicke Chambers, 10th February 2020

Source: hardwicke.co.uk

Cryptocurrency is Property: AA v Persons Unknown – The 36 Group

Posted February 11th, 2020 in contracts, cryptocurrencies, electronic commerce, jurisdiction, news by sally

‘In a significant recent decision, the High Court has acknowledged the finding of the UK Jurisdiction Taskforce (“UKJT”) in its Legal Statement on Cryptoassets and Smart Contracts that cryptocurrency is property.’

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The 36 Group, 11th February 2020

Source: 36group.co.uk

Why does my BRP expire on 31/12/2024? – Richmond Chambers

Posted February 11th, 2020 in identity cards, immigration, news, time limits by sally

‘If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.’

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Richmond Chambers, 7th February 2020

Source: immigrationbarrister.co.uk

Parental Contact – Private v Public Law Proceedings – Parklane Plowden Chambers

Posted February 11th, 2020 in chambers articles, children, contact orders, news, parental rights by sally

‘When considering applications relating to children, the courts are led by Section 1 of the Children’s Act 1989 (CA), in that the welfare of a child is to be the paramount consideration when making decisions about the child’s future. S 1(3) provides clear factors which a court must have regard to. These form the basis upon which decisions relating to children are made.’

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Parklane Plowden Chambers, 5th February 2020

Source: www.parklaneplowden.co.uk

Destination: Net Zero – Airport Expansion and Climate Change – 39 Essex Chambers

Posted February 11th, 2020 in airports, chambers articles, climate change, news by sally

‘Gethin Thomas consider the implications of the Net Zero target enshrined in the Climate Change Act 2008 for regional airport expansion.’

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39 Essex Chambers, 10th February 2020

Source: www.39essex.com