Day: 12 June 2020

Court of Appeal considers the cardinal points for remote hearings during the coronavirus (COVID19) pandemic (Re A (children) and Re B (Children)) – 1 GC: Family Law

Posted June 12th, 2020 in appeals, care orders, case management, children, coronavirus, families, news, remote hearings by sally

‘On consecutive days, the Court of Appeal, which included the President of the Family Division, considered two decisions of the lower courts to conduct remote hearings, Re A in relation to a final hearing as to care and placement orders and Re B regarding an interim care order with a plan for removal. Matthew Fletcher, barrister at 1|GC Family Law, compares and contrasts the two decisions and analyses whether common threads emerge that could assist practitioners in advising clients and making submissions to the court as to whether a case is suitable for a remote hearing.’

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1 GC: Family Law, 4th June 2020

Source: 1gc.com

Courts ‘preparing to fast-track prosecutions for Black Lives Matter protesters’ – Daily Telegraph

Posted June 12th, 2020 in assault, consultations, courts, criminal damage, criminal justice, demonstrations, emergency services, news, prosecutions, public order, race discrimination, racism by sally

‘British courts are preparing to fast-track prosecutions for the Black Lives Matter protests, as justice secretary Robert Buckland has told magistrates to model the process along the lines of the response to rioting in London in 2011, The Times reported.’

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Daily Telegraph, 12th June 2020

Source: www.telegraph.co.uk

Lloyds fined £64m for unfair treatment of mortgage customers – The Guardian

Posted June 12th, 2020 in banking, financial services ombudsman, fines, housing, mortgages, news by sally

‘Lloyds Banking Group has been fined £64m by the City watchdog for failing to treat mortgage customers fairly after they fell into financial difficulty.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 12th, 2020 in legislation by tracey

The Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020

Source: www.legislation.gov.uk

Council wins appeals over reduction of penalties for unlicensed flat rentals – Local Government Lawyer

Posted June 12th, 2020 in appeals, housing, landlord & tenant, local government, London, news, penalties, tribunals by sally

‘The London Borough of Waltham Forest has won two appeals over reductions made by the First-Tier Tribunal to penalty notices for unlicensed flat rentals.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Probation services to return to public control after Grayling disasters – The Guardian

Posted June 12th, 2020 in contracting out, Ministry of Justice, news, police, probation by sally

‘Probation services in England and Wales will be fully restored to public ownership and control, the justice secretary has announced, marking the final nail in the coffin of Chris Grayling’s disastrous privatisation changes.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 12th, 2020 in law reports by tracey

High Court (Chancery Division)

Ocado Group Plc & Anor v McKeeve [2020] EWHC 1463 (Ch) (11 June 2020)

Source: www.bailii.org

Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights Act – UK Human Rights Act

Posted June 12th, 2020 in chambers articles, damages, detention, human rights, news, ultra vires by sally

‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’

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UK Human Rights Act, 11th June 2020

Source: ukhumanrightsblog.com

Vaccination – No ‘biggie’ but still ‘a big deal’ – Transparency Project

Posted June 12th, 2020 in appeals, children, families, health, local government, medical treatment, news, parental rights, vaccination by sally

‘Here, in the midst of a public health emergency, is an important Court of Appeal decision about immunisation.’

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Transparency Project, 10th June 2020

Source: www.transparencyproject.org.uk

Universities Investigate Adverts On Channel 4 Show That ‘Dehumanised’ Traveller Community – Each Other

Posted June 12th, 2020 in advertising, human rights, media, news, race discrimination, racism, travellers, universities by sally

‘Three universities are investigating how their adverts appeared on a Channel 4 documentary accused of “dehumanising” the Traveller community.’

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Each Other, 11th June 2020

Source: eachother.org.uk

Shamima Begum’s UK citizenship should be restored, court told – The Guardian

Posted June 12th, 2020 in appeals, citizenship, government departments, immigration, news, terrorism by sally

‘Shamima Begum, the woman who left Britain as a schoolgirl to join Islamic State, cannot effectively challenge the government’s decision to deprive her of British citizenship while she is in a detention camp in northern Syria, the court of appeal has been told.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Coronavirus: Police fines for lockdown breaches fall as measures ease – BBC News

Posted June 12th, 2020 in coronavirus, emergency powers, enforcement, fines, news, police, statistics by sally

‘More than 17,000 fines for alleged breaches of coronavirus lockdown laws have been issued in England and Wales.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers

Posted June 12th, 2020 in amendments, chambers articles, civil procedure rules, damages, hospitals, limitations, negligence, news by sally

‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’

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Parklane Plowden Chambers, 5th June 2020

Source: www.parklaneplowden.co.uk

There have been no successful prosecutions for deaths in British police custody since 1969 – here’s why – The Guardian

Posted June 12th, 2020 in death in custody, demonstrations, inquests, news, police, professional conduct, prosecutions, race discrimination, racism, statistics, stop and search, unlawful killing by sally

‘Black people account for 3% of the population, but 8% of deaths in custody. As a former chief prosecutor, I know this is only the end point of a system that disproportionately suspects, arrests, convicts and imprisons BAME people.’

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The Guardian, 11th June 2020

Source: www.theguardian.com