High Court judge issues mandatory order requiring council to provide urgent night-time support for disabled brothers – Local Government Lawyer

‘A local authority acted unlawfully after it failed to provide night-time care and support to two adult brothers with severe physical and learning disabilities pending a full needs reassessment, a High Court judge has ruled.’

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Local Government Lawyer, 8th June 2020

Source: www.localgovernmentlawyer.co.uk

Anti-buyout law would hit UK recovery, say business groups – The Guardian

Posted June 9th, 2020 in international relations, news, takeovers by sally

‘Business groups have warned that introducing a law to prevent foreign takeovers that threaten national security could have a “chilling” effect on investment in the UK.’

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The Guardian, 8th June 2020

Source: www.theguardian.com

EP 115: The Agriculture Bill: a revolution in farming or a lost opportunity? – Law Pod UK

Posted June 9th, 2020 in agriculture, international trade, news, podcasts by sally

‘Rosalind English talks to senior policy advisor to the campaign group Compassion in World Farming about food security and the danger of pathogens in intensive livestock rearing. Does the Agriculture Bill address these issues or will new trade deals mean cheap imported meat over responsible farming?’

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Law Pod UK, 8th June 2020

Source: audioboom.com

England police watchdog investigates death of man in custody – The Guardian

Posted June 9th, 2020 in death in custody, news, police by sally

‘The England and Wales police watchdog is investigating the death of a man who died in custody in Devon.’

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The Guardian, 8th June 2020

Source: www.theguardian.com

Legal aid: Woman in abuse case challenges rules – BBC News

Posted June 9th, 2020 in domestic violence, legal aid, news by sally

‘A woman is challenging rules which deprived her of legal aid for action to protect her from her former partner.’

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BBC News, 9th June 2020

Source: www.bbc.co.uk

Woman who falsely claimed more than £1m in benefits is jailed – The Guardian

Posted June 9th, 2020 in benefits, fraud, news, sentencing by sally

‘A woman has been jailed after falsely claiming more than £1m in benefits in what has been described as one of the biggest social security frauds to be prosecuted by the Crown Prosecution Service (CPS).’

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The Guardian, 8th June 2020

Source: www.theguardian.com

QC’s £1.5m brief fee for nine months’ work “reasonable” – Litigation Futures

Posted June 9th, 2020 in barristers, costs, fees, news, queen's counsel by sally

‘The Senior Costs Judge has approved a £1.5m brief fee for a leading QC who worked on a “titanic” commercial dispute almost exclusively for nine months.’

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Litigation Futures, 8th June 2020

Source: www.litigationfutures.com

UK ministers face legal challenge for refusal to order PPE inquiry – The Guardian

Posted June 9th, 2020 in coronavirus, hospitals, judicial review, news, protective equipment by sally

‘Ministers are facing a high court legal challenge after they refused to order an urgent investigation into the shortages of personal protective equipment faced by NHS staff during the coronavirus pandemic.’

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The Guardian, 8th June 2020

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted June 9th, 2020 in citizenship, colonies, compensation, immigration, legislation by tracey

Windrush Compensation Scheme (Expenditure) Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 9th, 2020 in legislation by tracey

The Registration of Births and Deaths (Coronavirus) (Amendment) Regulations 2020

The Education (Recognised Bodies) (England) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 9th, 2020 in law reports by tracey

High Court (Administrative Court)

Aireborough Neighbourhood Development Forum v Leeds City Council & Ors [2020] EWHC 1461 (Admin) (08 June 2020)

High Court (Chancery Division)

Edgeworth Capital (Luxembourg) S.A.R.L. & Anor v Maud [2020] EWHC 1469 (Ch) (08 June 2020)

High Court (Family Division)

G v D (Art 13b: Absence of Protective Measures) [2020] EWHC 1476 (Fam) (08 June 2020)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd & Anor [2020] EWHC 1468 (Pat) (08 June 2020)

High Court (Queen’s Bench Division)

Glenys Goodenough & Anor v Chief Constable of Thames Valley Police [2020] EWHC 1428 (QB) (08 June 2020)

Tinkler v Ferguson & Ors [2020] EWHC 1467 (QB) (08 June 2020)

Source: www.bailii.org

After Sally Challen, we now have a chance to tackle coercive control – The Guardian

‘The domestic abuse bill offers a once-in-a-generation chance to change our approach says the son of the woman whose conviction for murdering her husband was quashed.’

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The Guardian, 7th June 2020

Source: www.theguardian.com

Postmasters were prosecuted using unreliable evidence – BBC News

‘The Post Office prosecuted postmasters over missing money despite having evidence its own computer system could be to blame.’

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BBC News, 8th June 2020

Source: www.bbc.co.uk

Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

SRA to press ahead with launch of SQE in autumn 2021 – Legal Futures

‘The Covid-19 crisis will not stop the introduction of the Solicitors Qualifying Exam (SQE) in September 2021, the Solicitors Regulation Authority (SRA) has decided.’

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Legal Futures, 8th June 2020

Source: www.legalfutures.co.uk

How to observe remote hearings in the Court of Protection -Transparency Project

Posted June 8th, 2020 in coronavirus, Court of Protection, news, remote hearings by sally

‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’

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Transparency Project, 7th June 2020

Source: www.transparencyproject.org.uk

‘A black man’s life is not valued’: attack on year-long delay of UK police death inquiry – The Guardian

‘An official review into the death of a black man who was punched repeatedly by police, beaten with a baton and Tasered has been delayed for the last year because investigators have yet to obtain a transcript of the inquest.’

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The Guardian, 6th June 2020

Source: www.theguardian.com

Yuan Yi Zhu: The Supreme Court: Options for Change – UK Constitutional Law Association

Posted June 8th, 2020 in constitutional law, news, parliament, Privy Council, Supreme Court by sally

‘Since the Conservative government’s landslide victory in the 2019 general election, constitutional reform has been on top of its agenda. The most high-profile target of its attention has been the Supreme Court, whose performance came under sustained Conservative criticism during Brexit, most notably in Miller II/Cherry. Few details have so far been published about the Government’s constitutional reform plans, and it remains possible that these never reach fruition, especially in the face of concerted political opposition. Nevertheless, given the government’s considerable parliamentary majority and the high priority given to constitutional reform at the political level, it seems that the Supreme Court’s days might indeed be numbered. Hence, it is worth considering, without offering an opinion on the desirability of reforming the Supreme Court, some possible options for change.’

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UK Constitutional Law Association, 8th June 2020

Source: ukconstitutionallaw.org

Spending watchdog warns public bodies on challenge of managing end of PFI contracts as disputes loom – Local Government Lawyer

‘More than a third of public bodies expect to have formal disputes as PFI contracts come to an end, the National Audit Office has found.’

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Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

Not not Nemcova – Nearly Legal

Posted June 8th, 2020 in appeals, covenants, housing, landlord & tenant, leases, news, tribunals by sally

‘Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found the short let use not to be in breach of lease (for cunning reasons I’ll come back to) and the head lessor had appealed to the Upper Tribunal. The decision upholds the Nemcova line on “private residence” use, but also has a finding of interest on “business use”.’

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Nearly Legal, 6th June 2020

Source: nearlylegal.co.uk