Pet theft law change urged as cases go ‘through the roof’ in lockdown – BBC News

Posted June 18th, 2020 in animals, coronavirus, news, theft by sally

‘Campaigners have called on the government to make pet theft a specific offence after instances of the crime “went through the roof” in lockdown.’

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BBC News, 17th June 2020

Source: www.bbc.co.uk

Police in England and Wales dropping rape inquiries when victims refuse to hand in phones – The Guardian

‘Rape investigations are being systematically dropped after victims refuse to hand over their mobile phones for analysis, an investigation has found.’

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The Guardian, 17th June 2020

Source: www.theguardian.com

Commerzbank fined £38m by UK watchdog for money-laundering failings – The Guardian

Posted June 18th, 2020 in banking, financial regulation, fines, money laundering, news by sally

‘The UK’s financial regulator has fined Commerzbank £38m for money-laundering failures, including an “out-of-control” system for checking clients.’

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The Guardian, 17th June 2020

Source: www.theguardian.com

Court blocks new expert on disabled claimant’s life expectancy – Law Society’s Gazette

Posted June 17th, 2020 in damages, evidence, expert witnesses, insurance, news, personal injuries by sally

‘The High Court has refused an insurer permission to rely on a new expert whose evidence reduced the estimated life expectancy of a personal injury claimant.’

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Law Society's Gazette, 17th June 2020

Source: www.lawgazette.co.uk

Paul v Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB): A glimmer of hope for secondary victims? – St Philips Chambers

‘The law relating to secondary victims, who suffer psychiatric injury as a result of witnessing a shocking event, has long been an area of contention.’

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St Philips Chambers, 8th June 2020

Source: st-philips.com

EHRC reports on inclusive justice – UK Human Rights Blog

‘Ten years after the Equality Act came into force, the Equality and Human Rights Commission (EHRC) have published their findings and recommendations in a report entitled “Inclusive Justice: a system designed for all”. Although the report recognises where progress has been made, it also identifies very significant problems.’

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UK Human Rights Blog, 16th June 2020

Source: ukhumanrightsblog.com

Police in England and Wales six times more likely to fine BAME people in lockdown – The Guardian

‘Police enforcing the coronavirus lockdown in England and Wales were more than six times more likely to issue fines to black, Asian and minority ethnic people than white people, figures show.’

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The Guardian, 16th June 2020

Source: www.theguardian.com

Vulnerable parties and witnesses in employment tribunal proceedings – 12 King’s Bench Walk

‘The first Presidential Guidance on vulnerable parties and witnesses in employment tribunal proceedings was issued this April. Key parts of the guidance deal with (i) identifying when a participant is vulnerable, and (ii) case management: directions and orders.’

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12 King's Bench Walk, 9th June 2020

Source: www.12kbw.co.uk

Where are my black sisters? The intersection of religion, race and gender in the AAP legal community – Garden Court North Chambers

‘I am a hijabi (head-scarf wearing Muslim) Palestinian-British lawyer who has worked in the progressive Inquests/Actions Against the Police (AAP) field for the past 7 years. I started out as a paralegal, became a solicitor and am now a pupil barrister. I have met, or know of, many of the lawyers whose talent and (often unpaid) hard work props up this niche but vital corner of the legal system. Working as an AAP lawyer is beyond rewarding and the people you get to meet, clients and colleagues, are inspiring. As a hijabi AAP lawyer, this area can also be isolating and unwelcoming at times.’

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Garden Court North Chambers, 15th June 2020

Source: gcnchambers.co.uk

Yossi Nehushtan: The 14-Day Quarantine Policy is Illegal – UK Constitutional Law Association

‘Harsh criticism, mainly from politicians and the travel industry has been expressed regarding the new government policy, according to which, and from 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. It is surprising that very little has been said about the clear illegality of this policy, despite a very recent judicial review process that has been brought against the policy by a few airline companies. In this post it is argued that the quarantine policy is irrational, unreasonable and disproportionate – and therefore illegal. A preliminary note about the differences between rationality and reasonableness will be followed by applying rationality, reasonableness and proportionality to our case.’

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UK Constitutional Law Association, 17th June 2020

Source: ukconstitutionallaw.org

Football in the time of COVID-19: lessons to be learned from the recent decision in South Shields FC v The FA – Sports Law Bulletin from Blackstone Chambers

Posted June 17th, 2020 in chambers articles, coronavirus, news, sport by sally

‘A distinguished arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, recently delivered its award in the case of South Shields Football Club 1888 Limited v The Football Association Limited. The decision, which considered The FA’s powers to bring the 2019/20 football season to an end for Steps 3 to 7 of the NLS, in light of the coronavirus pandemic, is one of the first to examine the scope of regulatory decision-making in the field of sport in the wake of the current global health crisis. Nick De Marco QC discusses the case.’

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Sports Law Bulletin from Blackstone Chambers, 12th June 2020

Source: www.sportslawbulletin.org

Temporary Exclusion Orders and the Right to a Fair Hearing in the UK – Oxford Human Rights Hub

Posted June 17th, 2020 in closed material, disclosure, human rights, judicial review, news, terrorism by sally

‘In QX v Secretary of State for the Home Department [2020], the UK High Court reached a landmark preliminary decision that ECHR Article 6 applies to the judicial review of obligations imposed under a Temporary Exclusion Order (TEO). The Court further held that the claimant is entitled to the level of disclosure outlined in SSHD v AF (No 3) [2009]. This judgement sets a welcome precedent for applying Article 6 to closed material proceedings under the Counter-Terrorism and Security Act 2015. It is also consistent with the procedural protections applied to the former regime for control orders, now succeeded by TPIM notices. The reasons given for applying the AF (No 3) standard of disclosure, however, demonstrate the persistence of a limited and discretionary approach to disclosure obligations in national security litigation.’

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Oxford Human Rights Hub, 4th June 2020

Source: ohrh.law.ox.ac.uk

Drop juries for less serious crimes in England and Wales, judges say – The Guardian

Posted June 17th, 2020 in coronavirus, criminal justice, Crown Court, delay, juries, news, trials by sally

‘Less serious crimes should be tried in crown courts before a judge without a jury in order to tackle the thousands of cases building up during the pandemic crisis, judges have suggested.’

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The Guardian, 16th June 2020

Source: www.theguardian.com

ABSs “reshaping the boundaries of law” with integrated services – Legal Futures

‘Alternative business structures (ABSs) are reshaping the boundaries of the law by emphasising the benefit of integrated professional services, rather than pure legal knowledge, a leading academic has argued.’

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Legal Futures, 17th June 2020

Source: www.legalfutures.co.uk

EP 116: IICSA Update and Abuse within Minority Religions – Richard Scorer – Law Pod UK

Posted June 17th, 2020 in child abuse, children, news, podcasts, sexual offences by sally

‘In Episode 116 Emma-Louise Fenelon speaks to Richard Scorer, Head of Abuse at Slater and Gordon, about progress of the Independent Inquiry into Child Sexual Abuse and in particular the investigation into abuse within minority religions. The episode also examines the impact virtual hearings has had on evidence to date.’

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Law Pod UK, 16th June 2020

Source: audioboom.com

‘Unrealistic’ appeals system fails prisoners who have been victims of abuse – report – The Guardian

‘One month window to challenge convictions in England and Wales means women who have experienced trauma are unfairly criminalised, campaigners say.’

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The Guardian, 17th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 17th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Crowther v Crowther & Ors [2020] EWCA Civ 762 (16 June 2020)

S (Vulnerable Parent: Intermediary) [2020] EWCA Civ 763 (16 June 2020)

Bridgehouse (Bradford No. 2) Ltd v BAE Systems Plc [2020] EWCA Civ 759 (16 June 2020)

High Court (Chancery Division)

Colt Technology Services v SG Global Group SRL [2020] EWHC 1555 (Ch) (16 June 2020)

A Company (Application To Restrain Advertisement) [2020] EWHC 1551 (Ch) (16 June 2020)

High Court (Queen’s Bench Division)

Chaplin v Ben Pistol Allianz Insurance Plc [2020] EWHC 1543 (QB) (16 June 2020)

Source: www.bailii.org

Large chambers “should give space to smaller ones” – Legal Futures

Posted June 17th, 2020 in barristers, coronavirus, inns of court, landlord & tenant, news, rent by sally

‘Large chambers should be prepared to look after smaller sets “chased out” by their landlords by sharing premises and clerks, a senior criminal law barrister has said.’

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Legal Futures, 17th June 2020

Source: www.legalfutures.co.uk

‘Rough sex’ defence will be banned, says justice minister – BBC News

‘The so-called “rough sex gone wrong” defence will be outlawed in new domestic abuse legislation, a justice minister has told MPs.’

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BBC News, 16th June 2020

Source: www.bbc.co.uk

Public prosecutor faces legal action over Cummings’ Durham trip – The Guardian

‘A judicial review is being sought over the failure of the director of public prosecutions, Max Hill, to investigate Dominic Cummings for alleged breaches of the coronavirus lockdown rules.’

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The Guardian, 16th June 2020

Source: www.theguardian.com