An analysis of the Sentencing Code – Law Society’s Gazette

Posted June 23rd, 2020 in bills, codes of practice, news, sentencing by sally

‘The Sentencing Bill has begun its passage through parliament, having received its first reading in the House of Lords in March. The Bill contains a “Sentencing Code”. Once in force, the Sentencing Code will provide a single reference point for the law on sentencing and will apply to all offenders convicted of an offence after 1 October 2020.’

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Law Society's Gazette, 18th June 2020

Source: www.lawgazette.co.uk

Solicitor faked court documents to mislead client – Legal Futures

‘A solicitor has been struck off for falsifying court documents to make a client think his application to extend his leave to remain in the UK had been made before the leave had expired.’

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Legal Futures, 22nd June 2020

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 23rd, 2020 in legislation by tracey

The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2020

The Coronavirus Life Assurance Scheme (English and Welsh Schemes) (Excluded Benefits for Tax Purposes) Regulations 2020

The Universal Credit (Miscellaneous Amendments) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 23rd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

JJ Management Consulting LLP & Ors v Revenue And Customs Respondents [2020] EWCA Civ 784 (22 June 2020)

Secretary of State for Work And Pensions v Johnson & Ors [2020] EWCA Civ 778 (22 June 2020)

Court of Appeal (Criminal Division)

Smith v R. [2020] EWCA Crim 777 (22 June 2020)

High Court (Administrative Court)

Martin, R (On the Application Of) v Folkestone And Hythe District Council [2020] EWHC 1614 (Admin) (22 June 2020)

National Crime Agency & Anor v Odewale & Anor [2020] EWHC 1609 (Admin) (22 June 2020)

Winder v Director of Public Prosecutions [2020] EWHC 1611 (Admin) (19 June 2020)

High Court (Commercial Court)

Target Rich International Ltd v Forex Capital Markets Ltd [2020] EWHC 1544 (Comm) (22 June 2020)

CNM Estates (Tolworth Tower) Ltd v VeCREF I SARL & Ors [2020] EWHC 1605 (Comm) (22 June 2020)

High Court (Queen’s Bench Division)

Jones v Ministry of Defence [2020] EWHC 1603 (QB) (22 June 2020)

SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1610 (QB) (22 June 2020)

Source: www.bailii.org

Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association

‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’

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UK Constitutional Law Association, 23rd June 2020

Source: ukconstitutionallaw.org

The Grenfell Fire: Do Black Lives Actually Matter? – Oxford Human Rights Hub

Posted June 23rd, 2020 in fire, health & safety, inquiries, minorities, news, reports by sally

‘On the 3rd anniversary of the Grenfell fire where 72 residents (at least 34 of whom were from a BAME background) lost their lives, is the country in a better position to avoid future cladding related fires?’

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Oxford Human Rights Hub, 18th June 2020

Source: ohrh.law.ox.ac.uk

Energy customers face bailiffs as Ofgem allows debt collecting again – The Guardian

Posted June 23rd, 2020 in coronavirus, debts, energy, news, regulations by sally

‘Gas and electricity customers face the prospect of debt collectors chasing up unpaid bills after the energy industry regulator told suppliers they no longer had to offer unlimited coronavirus payment holidays.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

I want it all – Nearly Legal

‘Ms Stewart and others were tenants of Mr V. The property was an unlicensed HMO and the tenants had applied for an RRO. The FTT had awarded a rent repayment order and the landlord appealed, on the basis that the amount he was ordered to pay was excessive in view of the amounts he had spent on the property. The tenants were assisted by University of London Housing Services.’

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Nearly Legal, 21st June 2020

Source: nearlylegal.co.uk

Universal credit rules irrational and unlawful, judge says – The Guardian

‘Four single mothers have secured a victory over the government after the appeal court ruled that rigid universal credit payment rules that leave tens of thousands of working benefit claimants out of pocket were irrational and unlawful.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

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Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

Lawsuit alleges defeat devices in Nissan petrol cars – BBC News

Posted June 23rd, 2020 in news, pollution, road traffic by sally

‘Up to 1.4 million Renault and Nissan vehicles sold in Britain could be equipped with illegal defeat devices, according to a lawsuit being launched today.’

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BBC News, 23rd June 2020

Source: www.bbc.co.uk

Windrush lawyer Jacqueline McKenzie: ‘The Home Office is treating people with contempt’ – The Guardian

Posted June 23rd, 2020 in citizenship, colonies, deportation, immigration, news, racism, solicitors by sally

‘The lawyer representing 200 victims of the Windrush scandal says systemic racism is at the root of the problem.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

‘Against natural justice’: father to sue exams regulator over A-level grades system – The Guardian

‘Fears Ofqual’s Covid-19 method of adjusting marks in line with a school’s prior performance will penalise bright pupils.’

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The Guardian, 20th June 2020

Source: www.theguardian.com

Suspension suffices for doctor’s online sexual misconduct – UK Human Rights Blog

‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’

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UK Human Rights Blog, 19th June 2020

Source: ukhumanrightsblog.com

News About Special Guardianship Orders – Transparency Project

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

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Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

Practice – Injunctions pending Appeal Evalve Inc v Edwards Lifesciences Ltd – NIPC Law

Posted June 22nd, 2020 in appeals, injunctions, intellectual property, news, patents by sally

‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’

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NIPC Law, 20th June 2020

Source: nipclaw.blogspot.com

‘I feel targeted’: Windrush victim decries compensation delays as racism – The Guardian

‘Anthony Williams arrived in Birmingham from Jamaica aged seven in 1971, and went to primary and secondary school before joining the army and serving with the Royal Artillery for 13 years. Later, he had a successful second career as a fitness instructor until 2013, when he found himself classified as an illegal immigrant and sacked from his job.’

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The Guardian, 21st June 2020

Source: www.theguardian.com

SRA to launch project on BAME student underachievement – Legal Futures

‘The Solicitors Regulation Authority (SRA) is set to begin a multi-year project to increase understanding of why Black, Asian and minority ethnic (BAME) students perform worse than white students.’

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Legal Futures, 19th June 2020

Source: www.legalfutures.co.uk

Barrow rape claims trial faces long delay due to coronavirus backlog – The Guardian

‘A 19-year-old woman from Barrow accused of making up allegations of sexual exploitation against five men may not stand trial until August 2021 because of legal delays caused by the coronavirus pandemic.’

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The Guardian, 19th June 2020

Source: www.theguardian.com

Your chambers aren’t colour blind, top QC tells barristers – Legal Futures

‘Barristers who believe their chambers are “colour-blind” and treat everyone the same “have a problem” and need to change their mindset, a high-profile black QC has said.’

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Legal Futures, 22nd June 2020

Source: www.legalfutures.co.uk