Developer fails in claim that 135-home residential scheme was appropriate alternative development for compulsorily purchased site – Local Government Lawyer

Posted May 14th, 2020 in compulsory purchase, local government, news, planning by sally

‘A judge has rejected a developer’s claim that 135 homes would have been appropriate alternative development for a site compulsorily purchased for a bypass.’

Full Story

Local Government Lawyer, 14th May 2020

Source: www.localgovernmentlawyer.co.uk

Pregnant healthcare worker sues NHS agency over employment rights – The Guardian

Posted May 14th, 2020 in contract of employment, coronavirus, health & safety, news, pregnancy by sally

‘A pregnant healthcare assistant is mounting a legal action against NHS Professionals, an employment agency owned by the Department of Health and Social Care, for refusing to put her on furlough, in what could be a landmark action for other vulnerable workers bearing the brunt of the lockdown.’

Full Story

The Guardian, 13th May 2020

Source: www.theguardian.com

New Judgment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

Posted May 14th, 2020 in detention, news, Northern Ireland, Supreme Court, terrorism by sally

‘Under the Detention of Terrorists (Northern Ireland) Order 1972, art 4 an Interim Custody Order was made where the Secretary of State considered that an individual was involved in terrorism. On foot of an ICO, the person was taken into custody and had to be released within 28 days, unless the Chief Constable referred the matter to the Commissioner, who had the power to make a detention order if satisfied that the person was involved in terrorism.’

Full Story

UKSC Blog, 13th May 2020

Source: ukscblog.com

Farmers lose legal challenge to cancellation of Derbyshire badger cull – The Guardian

Farmers have lost a challenge to the government’s cancellation of the badger cull in Derbyshire in a high court ruling that has been welcomed by wildlife groups.

Full Story

The Guardian, 13th May 2020

Source: www.theguardian.com

Pub hit with prohibition order “after drinkers found in cellar” – Local Government Lawyer

Posted May 14th, 2020 in coronavirus, licensed premises, news by sally

‘A pub landlord who breached coronavirus regulations a reported eight times since the end of March has been served a prohibition notice by North West Leicestershire District Council.’

Full Story

Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Migrants Falling Through Cracks In Covid-19 Homelessness Support, Lawyers Warn – Each Other

‘Undocumented migrants are being forced to sleep rough during the coronavirus pandemic amid an increase in illegal evictions and a lack of government guidance, lawyers have warned.’

Full Story

Each Other, 13th May 2020

Source: eachother.org.uk

Speaker warns he will suspend Commons if distancing rules broken – The Guardian

Posted May 14th, 2020 in coronavirus, health & safety, news, parliament by sally

‘The Speaker of the House of Commons has said he will suspend parliament if physical distancing rules are breached in the Commons chamber – in effect ending government hopes that MPs can return to business as usual.’

Full Story

The Guardian, 13th May 2020

Source: www.theguardian.com

Claimant loses 15% of costs for “engrained” exaggeration – Litigation Futures

Posted May 14th, 2020 in costs, news, part 36 offers, personal injuries by sally

‘The High Court has cut a costs award to a seriously injured claimant because exaggeration was “built into the structure” of the way the claim was presented before and during the trial.’

Full Story

Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

Skegness woman jailed for boiling water attacks on husband – BBC News

Posted May 14th, 2020 in assault, domestic violence, news, sentencing by sally

‘A woman who threw boiling water over her husband, leaving him scarred for life, has been jailed for two years.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk

Interim injunctions against persons unknown – Law Society’s Gazette

Posted May 14th, 2020 in anonymity, injunctions, local government, news, travellers by sally

‘As George Harrison once sang: ‘All things must pass.’ So while protesters, trespassers and others may now be quietly isolated (keyboard activism apart), normal life will eventually resume – and with it will come the need to restrain any unlawful or other anti-social behaviour.’

Full Story

Law Society's Gazette, 11th May 2020

Source: www.lawgazette.co.uk

Is Criminal Justice Under Lockdown Remotely Possible? – Transparency Project

‘Nothing better represents our idea of justice being not only done but seen to be done than the spectacle of trial by jury in the Crown Court. The arrangement of the physical space of the courtroom, the royal coat of arms behind the raised bench where the judge sits, robed and wigged, representing the majesty of the law; the dock where the captive defendant awaits the verdict of his or her “peers”, in the time-honoured words of Magna Carta; and those peers themselves, a dozen ordinary citizens doing their civic duty as jurors, ranged along one side in their jury box. Advocates, robed and wigged, take turns to present and test the case for the prosecution and the defence; witnesses are called and sworn to tell the truth, the whole truth and nothing but the truth (subject to the rules of evidence); and all of this may be watched by the public and reported by the press.’

Full Story

Transparency Project, 11th May 2020

Source: www.transparencyproject.org.uk

Welding company fined £450k over fatigued workers’ crash – BBC News

Posted May 14th, 2020 in accidents, fines, health & safety, news, road traffic by sally

‘A welding company has been fined £450,000 after two of its fatigued employees died in a car crash.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk

Government not doing enough to prevent crimes committed on probation – report – The Guardian

Posted May 14th, 2020 in crime prevention, news, probation by sally

‘The government and probation service are not doing enough to learn from mistakes that led to serious crimes being committed by offenders under supervision, including murder, rape and other violent offences, inspectors have said in a critical report.’

Full Story

The Guardian, 14th May 2020

Source: www.theguardian.com

Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project

Posted May 14th, 2020 in birth, children, gender, news, paternity, registrars, transgender persons by sally

‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’

Full Story

Transparency Project, 10th May 2020

Source: www.transparencyproject.org.uk

Coronavirus: What powers do the police have? – BBC News

Posted May 14th, 2020 in coronavirus, fines, holidays, news, police, regulations by sally

‘Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk

Leviathan Challenged — the lockdown is compliant with human rights law (Part Two) – UK Human Rights Blog

‘In this article, Dominic Ruck Keene and Henry Tufnell argue that the challengers to the legislation have not shown that the measures adopted by the Government are disproportionate in the circumstances of the pandemic.’

Full Story

UK Human Rights Blog, 11th May 2020

Source: ukhumanrightsblog.com

Bail in the time of COVID-19 – an update – The 36 Group

Posted May 14th, 2020 in bail, coronavirus, news by sally

‘Two new cases have been published since our last blog post on the issue of bail during the Corona Crisis. They are: Perry v USA (unreported) and Chelsea Football Club Ltd v Nichols [2020] EWHC 827 (QB).’

Full Story

The 36 Group, 23rd April 2020

Source: 36group.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 14th, 2020 in legislation by tracey

The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Novichok: family of Dawn Sturgess wins first stage of legal challenge – The Guardian

Posted May 14th, 2020 in coroners, inquests, judicial review, news, poisoning by sally

‘The family of Dawn Sturgess, who died in the Wiltshire novichok poisonings, has won the first stage of a legal challenge against a coroner’s decision to limit the scope of her inquest.’

Full Story

The Guardian, 13th May 2020

Source: www.theguardian.com

Disciplinary and Grievance Procedures During the Coronavirus Pandemic: Guidance from ACAS – Coronavirus Guidance for Lawyers and Businesses

‘ACAS has produced guidance on Disciplinary and grievance procedures during the coronavirus pandemic.’

Full Story

Coronavirus: Guidance for Lawyers and Businesses, 6th May 2020

Source: lawinthetimeofcorona.wordpress.com