Council warns of potential breach of statutory duty in relation to unaccompanied asylum-seeking children – Local Government Lawyer

‘The Leader of Kent County Council has warned that the local authority “cannot safely meet our statutory duty” when it comes to its capacity to care for new arrivals of unaccompanied asylum-seeking children (UASC).’

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Local Government Lawyer, 18th August 2020

Source: www.localgovernmentlawyer.co.uk

Case Comment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

‘On 13 May 2020, the Supreme Court handed down judgment in the case of R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19. The case, on appeal from the judgment of the Court of Appeal of Northern Ireland [2018] NICA 8, concerned the challenge by Gerry Adams, former leader of Sinn Féin, to his convictions for attempted escape from the Maze Prison (also known as Long Kesh) in Belfast in the early 1970s. The issue in the case was whether the order pursuant to which Mr Adams was interned in the Maze was valid, given that it had been made by the Minister of State for Northern Ireland and had not been considered personally by the Secretary of State for Northern Ireland himself. The Supreme Court held that it was not valid, that Mr Adams had therefore not been detained lawfully, and consequently, that he had been wrongly convicted of attempting to escape from lawful custody. The Supreme Court duly quashed Mr Adams’ convictions.’

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UKSC Blog, 18th August 2020

Source: ukscblog.com

PI Fraud: when silence can be FD – Park Square Barristers

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

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Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

BAILII: Recent Decisions

Posted August 19th, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Broughton v R. (Rev 1) [2020] EWCA Crim 1093 (18 August 2020)

High Court (Family Division)

Akhmedova v Akhmedov & Ors [2020] EWHC 2257 (Fam) (18 August 2020)

High Court (Queen’s Bench Division)

Haven Solicitors Ltd & Anor v Police Federation Of England And Wales & Anor [2020] EWHC 2233 (QB) (18 August 2020)

Source: www.bailii.org

Court overturns man’s conviction for girlfriend’s Bestival drug death – The Guardian

‘The rapper Ceon Broughton has had his conviction for the manslaughter of his girlfriend overturned by the court of appeal.’

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The Guardian, 18th August 2020

Source: www.theguardian.com

The position on possession – Hardwicke Chambers

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

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Hardwicke Chambers, 12th August 2020

Source: hardwicke.co.uk

Naturalisation for EU citizens: comprehensive sickness insurance, the elephant in the room – EIN Blog

Posted August 19th, 2020 in brexit, citizenship, EC law, health, immigration, insurance, news by sally

‘As we head towards the end of the UK’s Brexit implementation period on 31 December 2020, the thoughts of many EU nationals (here I use the term to include EEA & Swiss citizens too) who have lived, studied and worked in this country, often for many years, are turning to becoming British.’

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EIN Blog, 19th August 2020

Source: www.ein.org.uk

230,000 could lose homes as eviction ban ends in England and Wales – The Guardian

Posted August 19th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession, statistics by sally

‘A man whose partner died of coronavirus after they moved into their dream flat is among 230,000 people who face having to leave their homes when the government lifts its ban on evictions in England and Wales this weekend.’

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The Guardian, 19th August 2020

Source: www.theguardian.com

Man jailed for biting Rochdale PC during attack on officers – BBC News

Posted August 19th, 2020 in assault, coronavirus, criminal damage, imprisonment, news, police, sentencing by sally

‘A man who attacked three police officers during the Covid-19 lockdown, one of whom he bit, has been jailed.’

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BBC News, 18th August 2020

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 19th, 2020 in legislation by tracey

The Town and Country Planning (Use Classes) (Amendment) (England) (No. 2) Regulations 2020

The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 8) Regulations 2020

The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) (No. 2) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 3) Regulations 2020

The Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Fairness in “conducive to the public good” exclusion decisions – Garden Court Chambers

Posted August 19th, 2020 in chambers articles, criminal justice, deportation, immigration, news by sally

‘Exclusion decisions prohibit entry to the UK and are made under a non-statutory power exercised personally by the Home Secretary. They tend to be used against foreign national (non-EU) prisoners who have taken up the offer of assistance to leave the UK under the facilitated returns scheme. They are made on the basis that preventing the person’s return here is conducive to the public good.’

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Garden Court Chambers, 5th August 2020

Source: www.gardencourtchambers.co.uk

Sister of jailed jihadist given suspended sentence over ‘misguided loyalty’ – The Guardian

‘A woman who practised knife fights with her jihadist brother as he plotted a terrorist attack in London has been given a suspended prison sentence after a judge said she acted out of “misguided loyalty”.’

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The Guardian, 18th August 2020

Source: www.theguardian.com