Dishonesty “doesn’t need to persist” to be fundamental – Litigation Futures

Posted March 16th, 2020 in accidents, compensation, damages, deceit, news, personal injuries by sally

‘A recorder was wrong to find that a personal injury claimant was not fundamentally dishonest because he did not persist with his dishonesty, the High Court has decided.’

Full Story

Litigation Futures, 16th March 2020

Source: www.litigationfutures.com

Coronavirus/COVID-19 – the impact on contracts – Technology Law Update

Posted March 16th, 2020 in contracts, coronavirus, health, insurance, news by sally

‘The COVID-19 outbreak is now causing widespread disruption in many countries, with increasing impact on supply chains and transport. What can you do if you or your counterparties are prevented from normal contractual performance by the disease?’

Full Story

Technology Law Update, 13th March 2020

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

Equality watchdog demands suspension of use of automated facial recognition and predictive algorithms in policing – Local Government Lawyer

‘The Equality and Human Rights Commission (EHRC) has called for the suspension of the use of automated facial recognition (AFR) and predictive algorithms in policing in England and Wales, “until their impact has been independently scrutinised and laws are improved”.’

Full Story

Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Grenfell Inquiry: Aesthetics v safety v money – BBC News

‘Grenfell was the worst residential fire in UK peacetime history, with 72 people losing their lives. We now know what happened – the report on phase one of the public inquiry has been published – but the next phase is spending months investigating why it happened, and considering who might be to blame.’

Full Story

BBC News, 13th March 2020

Source: www.bbc.co.uk

CPS failed to tell inspectors of internal review revealing rape case failings – The Guardian

‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’

Full Story

The Guardian, 15th March 2020

Source: www.theguardian.com

Councils and Electoral Commission welcome government decision to put May 2020 elections back by one year – Local Government Lawyer

Posted March 16th, 2020 in delay, elections, health & safety, local government, news, ombudsmen by sally

‘The government has decided to postpone the 7 May 2020 local and mayoral elections in England for one year.’

Full Story

Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Commercial Court ends “ready approval” of long witness statements – Litigation Futures

Posted March 16th, 2020 in Commercial Court, evidence, limitations, news, witnesses by sally

‘The current Commercial Court practice of readily granting applications seeking an extension of the 30-page limit for witness statements is to end, the judge in charge has said.’

Full Story

Litigation Futures, 12th March 2020

Source: www.litigationfutures.com

SRA: “Solicitors conceal disability for fear of harming careers” – Legal Futures

‘Many disabled solicitors have downplayed the extent of their disability because they do not trust law firms to meet their needs, research has revealed.’

Full Story

Legal Futures, 16th March 2020

Source: www.legalfutures.co.uk

New bill aims to protect UK shop workers from soaring abuse – The Guardian

Posted March 16th, 2020 in bills, news, police, sale of goods, statistics, threatening behaviour, violence by sally

‘Shop workers across the UK will be better protected from soaring levels of violence, verbal and physical abuse under proposed legislation to be put before the House of Commons.’

Full Story

The Guardian, 16th March 2020

Source: www.theguardian.com

Judicial review: ‘Snarling’ not the way to get reform, says former top judge – BBC News

Posted March 16th, 2020 in brexit, judges, judicial review, news, parliament, prorogation by sally

‘”Shouting and snarling” is not the way to get judges to accept curbs to their powers, a former top judge has warned.’

Full Story

BBC News, 13th March 2020

Source: www.bbc.co.uk

Assisted dying law ‘lacks compassion’, Lord Falconer says – BBC News

Posted March 16th, 2020 in assisted suicide, news, suicide by sally

‘A terminally ill man who campaigned to change the law on assisted dying has won the support of the former head of the judiciary.’

Full Story

BBC News, 16th March 2020

Source: www.bbc.co.uk

Court of Appeal to live-stream family cases – Ministry of Justice

Posted March 13th, 2020 in appeals, families, family courts, internet, press releases, video recordings by tracey

‘Family hearings at the Court of Appeal will be live-streamed under a joint initiative by the judiciary and government to boost transparency in the justice system.’

Full press release

Ministry of Justice, 12th March 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Amendment of LA Plan, post final orders – what can parents do? – Local Government Lawyer

Posted March 13th, 2020 in appeals, care orders, children, families, fostering, human rights, local government, news by tracey

‘Natalie Cross looks at what needs to happen where parents seek to challenge a change to a care plan where the earlier plan (i.e. remaining at home) has already been approved by the court when the final order was made.’

Full Story

Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Valid or not valid? – Local Government Lawyer

‘Does an obvious mistake in a Notice of Seeking Possession invalidate it…or not? Steven Eccles reports on the lessons for housing associations and local authorities from an important recent ruling.’

Full Story

Local Government Lawyer, 13th March 2020

Source: www.localgovernmentlawyer.co.uk

Islamic Nikah ceremony and marriage validity – Family Law

Posted March 13th, 2020 in appeals, divorce, families, financial provision, Islam, islamic law, marriage, news by tracey

‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’

Full Story

Family Law, 12th March 2020

Source: www.familylaw.co.uk

Care worker sentenced for misconduct in public office – Crown Prosecution Service

Posted March 13th, 2020 in care workers, imprisonment, misfeasance in public office, news, sentencing by tracey

‘A care worker, who had a sexual relationship with a vulnerable young adult and manipulated her colleagues to cover up her actions, has been imprisoned today (12 March 2020).’

Full Story

Crown Prosecution Service, 12th March 2020

Source: www.cps.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 13th, 2020 in legislation by tracey

The Coroners and Justice Act 2009 (Alteration of Coroner Areas) Order 2020

The Capital Allowances Act 2001 (Amendment of Section 45K) Order 2020

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2020

The Housing Benefit (Transitional Provision) (Amendment) Regulations 2020

The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020

The National Insurance Contributions (Termination Awards and Sporting Testimonials) Act 2019 (Commencement and Transitional Provisions) Regulations 2020

The Magistrates’ Courts (Functions of Authorised Persons – Civil Proceedings) Rules 2020

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2020

The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2020

The Employment Allowance (Increase of Maximum Amount) Regulations 2020

The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) Regulations 2020

The Social Security Benefits Up-rating Regulations 2020

The Child Trust Funds (Amendment No. 2) Regulations 2020

The Extradition Act 2003 (Amendments to Designations) Order 2020

The Individual Savings Account (Amendment No. 2) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 13th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 (12 March 2020)

Parveen, R (on the application of) v London Borough of Redbridge [2020] EWCA Civ 194 (12 March 2020)

UK Learning Academy Ltd v Secretary of State for Education [2020] EWCA Civ 370 (11 March 2020)

Dawson-Damer v Taylor Wessing LLP [2020] EWCA Civ 352 (11 March 2020)

Court of Appeal (Criminal Division)

Attorney General v Gordon [2020] EWCA Crim 360 (11 March 2020)

High Court (Administrative Court)

Kapoor v Juzagado De Instruccion No.4 De Las Palmas De Gran Canaria (Spain) [2020] EWHC 590 (Admin) (12 March 2020)

Bloomsbury Institute Ltd, R (On the Application Of) v The Office for Students [2020] EWHC 580 (Admin) (12 March 2020)

Jackson, R (on the application of) v The Parole Board for England and Wales & Anor [2020] EWHC 559 (Admin) (11 March 2020)

Carr, R (on the application of) v Secretary of State for Justice [2020] EWHC 487 (Admin) (11 March 2020)

High Court (Chancery Division)

Oyesanya v Jackson [2020] EWHC 542 (Ch) (12 March 2020)

Horsford v Horsford [2020] EWHC 584 (Ch) (12 March 2020)

Poste Hotels Ltd v Cousins [2020] EWHC 582 (Ch) (12 March 2020)

High Court (Commercial Court)

Integral Petroleum SA v Petrogat FZE & Anor [2020] EWHC 558 (Comm) (12 March 2020)

High Court (Family Division)

A Healthcare B NHS Trust v CC [2020] EWHC 574 (Fam) (11 March 2020)

K (A Child), Re [2020] EWHC 488 (Fam) (28 February 2020)

High Court (Patents Court)

Evalve Inc & Ors Edwards Lifesciences Ltd [2020] EWHC 513 (Pat) (12 March 2020)

Evalve Inc & Ors Edwards Lifesciences Ltd [2020] EWHC 514 (Pat) (12 March 2020)

High Court (Queen’s Bench Division)

Hayden v Associated Newspapers Ltd [2020] EWHC 540 (QB) (11 March 2020)

Source: www.bailii.org

Question of Incompatibility – Deprivation of Children’s Liberty Without Court Order? – Family Law Week

Posted March 13th, 2020 in care homes, care orders, children, families, human rights, news, privacy by tracey

‘Helen Crowell, Pupil Barrister and Shaun Spencer, Barrister, of St Johns Buildings discuss Deprivation of Liberty and the Children’s Home Regulations 2015.’

Full Story

Family Law Week, 12th March 2020

Source: www.familylawweek.co.uk

How the net closed on Oxford’s grooming gang – BBC News

Posted March 13th, 2020 in child abuse, children, gangs, news, police, rape, sexual grooming, sexual offences, victims by tracey

‘Nearly a decade after the abuse of vulnerable girls in Oxford began to be addressed, following years of negligence by police and social services, the last of the so-called Operation Bullfinch trials has ended. How did the sex offenders at the centre of the city’s depraved underworld finally come to face justice?’

Full Story

BBC News, 13th March 2020

Source: www.bbc.co.uk