Environmental Law News Update – Six Pump Court

‘In this latest environmental law news update Charles Morgan and Christopher Badger consider environmental promises in this week’s budget, effects on the environment from the coronavirus and a new report that says net zero by 2050 is possible.’

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Six Pump Court, 12th March 2020

Source: www.6pumpcourt.co.uk

Mother sends letter before action to government over coronavirus and strategy for needs of younger disabled people, lack of testing of health and social care workers – Local Government Lawyer

Posted March 19th, 2020 in children, coronavirus, disabled persons, news, social services by sally

‘Claimant law firm Simpson Millar has sent a letter before action on behalf of the mother of a child with a number of complex health and learning disabilities calling on the UK government to confirm its strategy for “meeting the needs of younger disabled people (children and working age adults) in the context of the current pandemic”.’

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Local Government Lawyer, 18th March 2020

Source: www.localgovernmentlawyer.co.uk

Fenwick brothers from Alnwick jailed for knife attack – BBC News

Posted March 19th, 2020 in attempted murder, news, sentencing, wounding by sally

‘Two brothers who attacked one of their ex-girlfriends and her partner have been jailed.’

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BBC News, 17th March 2020

Source: www.bbc.co.uk

Why Making Profit From Children’s British Citizenship Fees Harms Us All – Each Other

Posted March 19th, 2020 in children, citizenship, fees, news by sally

‘Three months after a landmark court ruling, UK-born children applying for British citizenship must still fork out an unlawfully high fee of £1,012.’

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Each Other, 18th March 2020

Source: eachother.org.uk

Sharp rise in NHS claims for lack of informed consent – Litigation Futures

Posted March 19th, 2020 in consent, hospitals, medical treatment, news by sally

‘Negligence claims against the NHS due to failure to inform patients before they consent to procedures have spiralled up since the Supreme Court’s landmark Montgomery ruling in 2015, a new study has found.’

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Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Housing associations body says no one should be evicted because of coronavirus – Local Government Lawyer

Posted March 19th, 2020 in coronavirus, housing, news, repossession by sally

‘No one should lose their home because of coronavirus, the National Housing Federation has said.’

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Local Government Lawyer, 18th March 2020

Source: www.localgovernmentlawyer.co.uk

CoA rules litigant in person needed help making right claim – Law Society’s Gazette

Posted March 19th, 2020 in litigants in person, news, pleadings by sally

‘Appeal judges have advised that courts must step in if litigants in person are mistakenly pursuing the wrong case. In Mervyn v BW Controls Ltd the Court of Appeal ruled that, in cases where at least one party is unrepresented, judges should intervene to clarify issues which arise on pleadings and confirm which claims have been conceded.’

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Law Society's Gazette, 18th March 2020

Source: www.lawgazette.co.uk

Amendments to CPR Part 55: what you need to know – Tanfield Chambers

Posted March 19th, 2020 in civil procedure rules, landlord & tenant, news, repossession by sally

‘CPR 55.11 and 55.12 are being amended to remove Demoted Tenancies and oral tenancy agreement cases from falling within the scope of Accelerated Possession Proceedings. The standard form N5B is being amended accordingly and coincides with the Tenant Fees Act 2019.’

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Tanfield Chambers, 25th March 2020

Source: www.tanfieldchambers.co.uk

‘Lambs to the slaughter’: 50 lives ruined by the Windrush scandal – The Guardian

‘As the report on the Home Office scandal is finally published, we revisit the victims’ stories.’

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The Guardian, 19th March 2020

Source: www.theguardian.com

Windrush review to call for reform of ‘reckless’ Home Office – The Guardian

‘Wholesale reform of a “reckless” and “defensive” Home Office is expected to be recommended in a hard-hitting review into the causes of the Windrush scandal when it is released by the home secretary on Thursday.’

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The Guardian, 19th March 2020

Source: www.theguardian.com

No new possession claims (for at least 3 months) – Nearly Legal

Posted March 19th, 2020 in emergency powers, mortgages, news, repossession by sally

‘The Government has just announced emergency legislation to do the following:

– Stop any new possession claims (social and private tenancies) being issued at court for the next three months (at least).
– Introduce a new pre-action protocol for possession claims, to apply after the three months (or whenever) which will apply to private as well as social tenancies to strengthen its remit and to “support the necessary engagement between landlords and tenants to resolve disputes and landlords will have to reach out to tenants to understand the financial position they are in.”’

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Nearly Legal, 18th March 2020

Source: nearlylegal.co.uk

Ban for legal executive who used own money to cover error – Legal Futures

Posted March 19th, 2020 in disciplinary procedures, forgery, legal executives, news by sally

‘A chartered legal executive who covered up a mistake by paying a client her own money to increase her settlement has been banned from working for solicitors’ firms.’

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Legal Futures, 19th March 2020

Source: www.legalfutures.co.uk

New Judgment: MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 – UKSC Blog

‘MS’ application for asylum was rejected in August 2013 and the Secretary of State decided to remove MS from the UK. Appealing this decision to the FTT, on human rights grounds, the FTT had found that MS had been under compulsion and control but nonetheless dismissed the appeal. The UT then re-made the decision in view of errors of law by the FTT, finding in favour of MS. The UT observed that the decision of the National Referral Mechanism could only be challenged by judicial review proceedings, not through the immigration appeals system. However, the UT also held that if an NRM decision was perverse or otherwise contrary to some public law ground, the UT could make its own decision as to whether an individual was a victim of trafficking. Otherwise, the decision to remove him would be contrary to the European Convention on Action against Trafficking in Human Beings (‘ECAT’) and the European Convention on Human Rights (‘ECHR’).’

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UKSC Blog, 18th March 2020

Source: ukscblog.com

Quarter of criminal trials in England and Wales face disruption – The Guardian

Posted March 19th, 2020 in coronavirus, criminal justice, Crown Court, news by sally

‘A quarter of crown court trials will be disrupted due to restrictions unveiled overnight by the most senior judge in England and Wales to combat the spread of the coronavirus, the justice secretary has said.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

COVID-19: Managing health and risk whilst in police custody – Law Society’s Gazette

Posted March 18th, 2020 in codes of practice, coronavirus, detention, health, health & safety, news, police by sally

‘At the time of this article, according to officials, the criminal justice system continues to operate “as normal”. Whilst it is to be expected that non-essential trials will likely be delayed, certain components of the justice system cannot simply be deferred – crime happens no less in times of pandemic. Police custody is one such area where the wheels will need to continue to turn regardless of COVID-19.’

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Law Society's Gazette, 18th March 2020

Source: www.lawgazette.co.uk

Will my hearing go ahead? Civil Procedure, Human Rights and the Coronavirus – Blackstone Chambers

‘In light of the COVID-19 outbreak and the protective measures which the UK government has introduced, litigators across the country are asking one burning question: will hearings go ahead, and if so how?’

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Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

Divorce bill must not overlook pensions – Society – Law Society’s Gazette

‘The Law Society has called for long-awaited legislation reforming divorce to be amended to ensure ex-spouses are not left financially vulnerable as a result of pension orders.’

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Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

SRA to make immigration regulation permanent – Legal Futures

‘The Solicitors Regulation Authority (SRA) is consulting on whether to extend indefinitely the suspension of immigration work from its removal of restrictions on solicitors providing non-regulated services.’

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Legal Futures, 18th March 2020

Source: www.legalfutures.co.uk

Windrush inquiry report submitted to home secretary – The Guardian

‘An investigation into the causes of the Windrush scandal has been completed and presented to the UK home secretary, who must now decide when and whether to make the findings public.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Secret policy change by CPS cut number of rape trials, high court told – The Guardian

‘A legal challenge over alleged changes to Crown Prosecution Service policy on bringing charges in rape cases has been dismissed by the high court.’

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The Guardian, 17th March 2020

Source: www.theguardian.com