August 2020 – Page 8 – Current Awareness

ThoughtLeaders4 HNW Divorce: The Legal Implications of Donor Insemination – Pump Court Chambers

Posted August 13th, 2020 in artificial insemination, chambers articles, children, families, news, parental responsibility, parental rights by sally

‘From single-parent families to “blended” or extended family units, whether they be same-sex parents or opposite-sex parents, the concept of the “nuclear family” has become less prevalent, and less apt, to describe modern families in the 21st century. Today’s modern family structures include those where children are created through assisted reproductive technologies and encompass sperm/ egg/embryo donation, or children born via a surrogate or are adopted. Despite dedicated legislation in the form of HEFA 1990 and 2008, the law is in a permanent state of catch-up with the advances in medical reproductive technologies. Novel legal issues are emerging, which the law has had to respond to, and grapple with.’

Pump Court Chambers, 12th August 2020

Source: www.pumpcourtchambers.com

Police’s Automated Facial Recognition Deployments Ruled Unlawful by the Court of Appeal – Doughty Street Chambers

Posted August 13th, 2020 in appeals, chambers articles, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’

Doughty Street Chambers, 12th August 2020

Source: insights.doughtystreet.co.uk

Macquarie Global Infrastructure Funds 2 Sarl v Rodino – Blackstone Chambers

Posted August 13th, 2020 in agreements, jurisdiction, news, shareholders by sally

‘The Commercial Court (Jacobs J) has dismissed applications to dispute the English Court’s jurisdiction in respect of claims for damages and declarations of non-liability in respect of proceedings brought by the Defendants in Luxembourg claiming damages in excess of €68 million. The decision illustrates the English Court’s commercially-minded approach to the construction of exclusive jurisdiction clauses and to the provisions of the Brussels I Recast Regulation that confer priority on courts seised under those clauses.

Blackstone Chambers, 6th August 2020

Source: www.blackstonechambers.com

What price solidarity among legal aid lawyers? – Legal Futures

Posted August 13th, 2020 in barristers, fees, judicial review, legal aid, news, remuneration, solicitors, working time by sally

‘Solidarity – or not – between legal aid lawyers is under the spotlight this week, with solicitors from 200 law firms coming together to force a change to immigration fees, but criminal firms falling out over Saturday work.’

Legal Futures, 13th August 2020

Source: www.legalfutures.co.uk

Recent Stautory Instruments – legislation.gov.uk

Posted August 13th, 2020 in legislation by sally

SI 2020/824 – The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020

SI 2020/826 – The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) (Amendment) Regulations 2020

SI 2020/825 – The Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Order 2020

SI 2020/816 – The Education (Pupil Registration) (England) (Coronavirus) (Amendment) (No. 2) Regulations 2020

SI 2020/829 – The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 5) Regulations 2020

SI 2020/828 – The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) Regulations 2020

SI 2020/827 – The Universal Credit (Exceptions to the Requirement not to be receiving Education) (Amendment) Regulations 2020

SI 2020/821 – The Nursing and Midwifery Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2020

SI 2020/832 – The Rating Lists (Valuation Date) (England) Order 2020

SI 2020/846 – The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) Regulations 2020

SI 2020/841 – The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2020

SI 2020/839 – The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) Regulations 2020

SI 2020/835 – The Church of England (Miscellaneous Provisions) Measure 2020 Commencement (No. 1) Order 2020

SI 2020/836 – The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2020

SI 2020/849 – The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020

SI 2020/844 – The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020

SI 2020/842 – The Education (Induction Arrangements for School Teachers) (England) (Coronavirus) (Amendment) Regulations 2020

SI 2020/853 – The Higher Education (Fee Limits and Student Support) (England) (Coronavirus) Regulations 2020

SI 2020/852 – The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020

SI 2020/847 – The Immingham Open Cycle Gas Turbine Order 2020

SI 2020/851 – The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) Order 2020

Source: www.legislation.gov.uk

Barristers step in to support beleaguered Bar students – Legal Futures

Posted August 13th, 2020 in barristers, complaints, computer programs, examinations, legal education, news by sally

‘Barristers have offered to support the dozens of Bar students who have so far reported major problems with taking their exams, including having to urinate into bottles and buckets in front of their computers.’

Legal Futures, 13th August 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted August 13th, 2020 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

High Court (Commercial Court)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Judge calls for rape law review after clearing Army major ‘too drunk to remember sex’ – Daily Telegrph

Posted August 13th, 2020 in alcohol abuse, armed forces, courts martial, news, rape by sally

‘Parliament should review the law around rape cases where neither party can remember having sex, a military judge has suggested after clearing an Army major of attacking a female Captain.’

Daily Telegraph, 12th August 2020

Source: www.telegraph.co.uk

Bar students hit by technical failures in first online test – Legal Futures

Posted August 13th, 2020 in barristers, complaints, computer programs, examinations, legal education, news by sally

‘A “small number” of Bar students were affected by technical issues that prevented them from completing their first online exam, the Bar Standards Board (BSB) said yesterday amid a stream of complaints, along with calls from practitioners for the regulator to act.’

Legal Futures, 12th August 2020

Source: www.legalfutures.co.uk

Students lodge formal complaint against BPP alleging City favouritism – Law Society’s Gazette

Posted August 13th, 2020 in bias, complaints, computer programs, coronavirus, examinations, law firms, legal education, news, universities by sally

‘A multifaceted complaint against legal educator BPP from students on its postgraduate solicitor programmes was formally submitted today.’

Law Society's Gazette, 11th August 2020

Source: www.lawgazette.co.uk

David Lammy: ‘Ex-offenders should have the chance of a clean slate’ – The Guardian

Posted August 13th, 2020 in criminal justice, criminal records, disclosure, employment, news, rehabilitation, unemployment by sally

‘There are currently more than 11 million people in the UK with a criminal record. The latest research suggests that nearly three-quarters of ex-offenders are unemployed on release from prison, with 50% of employers saying they would not even consider hiring an ex-offender. This amounts to a second sentence for those who have already served their time, often trapping offenders in a cycle of reoffence. The Ministry of Justice estimates the total economic and social cost of reoffending at £18.1bn per year. The criminal records regime contributes to an extortionately expensive revolving door.’

The Guardian, 13th August 2020

Source: www.theguardian.com

Teenager guilty of murdering teaching assistant in Accrington – The Guardian

Posted August 13th, 2020 in murder, news, young offenders by sally

‘A 17-year-old boy has been found guilty of the murder of a teaching assistant who was found buried in a shallow grave at the back of a cemetery after going on an afternoon walk.’

The Guardian, 12th August 2020

Source: www.theguardian.com

Let’s face it: use of automated facial recognition technology by the police – UK Police Law Blog

Posted August 12th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, proportionality, race discrimination, sex discrimination, Wales by sally

‘The case of R (Bridges) v Chief Constable of South Wales Police & Information Commissioner [2020] EWCA Civ 1058 (handed down on 11 August 2020) was an appeal from what is said to have been the first claim brought before a court anywhere on planet earth concerning the use by police of automated facial recognition (“AFR”) technology. There could be nothing wrong with posting scores of police officers with eidetic memories to look out for up to a 800 wanted persons at public gatherings. So why not use a powerful computer, capable of matching 50 faces a second with a database of (under) 800 suspects, to do this job much more cheaply and instantaneously, flagging any matches to a human operator for final assessment? According to the Court of Appeal in Bridges, this system constitutes an interference with Article 8 rights which is not such as is in accordance with the law, but which (critically) would be proportionate if a sufficiently narrow local policy were framed.’

UK Police Law Blog, 11th August 2020

Source: ukpolicelawblog.com

Council must pay costs of redacting documents for journalist – Litigation Futures

Posted August 12th, 2020 in costs, disclosure, documents, local government, media, news by sally

‘A local authority must cover the costs of redacting court documents which are being disclosed to a freelance journalist, the High Court has ruled.’

Litigation Futures, 12th August 2020

Source: www.litigationfutures.com

South Wales police lose landmark facial recognition case – The Guardian

Posted August 12th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, pilot schemes, police, privacy, race discrimination, sex discrimination, Wales by sally

‘Campaigners are calling for South Wales police and other forces to stop using facial recognition technology after the court of appeal ruled that its use breached privacy rights and broke equalities law.’

The Guardian, 11th August 2020

Source: www.theguardian.com

Carl Smythe guilty of Liskeard car park stab murder – BBC News

Posted August 12th, 2020 in alcohol abuse, murder, news by sally

‘A man has been found guilty of murder after stabbing a 20-year-old to death in a car park following a fight in a pub.’

BBC News, 11th August 2020

Source: www.bbc.co.uk

Is it an error of law to consider the requirements of s6 EQA in a sequential order? No, says the EAT in Khorochilova v Euro Rep Ltd UKEAT/0266/19/DA – 3PB

Posted August 12th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, mental health, news, professional conduct, unfair dismissal by sally

‘Following her summary dismissal for gross misconduct, the Claimant brought various claims against her former employer, including a claim of disability discrimination. A preliminary hearing was listed in July 2017 to determine whether she was disabled at the material time. The Claimant identified her disability as ‘Mixed Personality Disorder’, which she said, made her ‘somewhat obsessive’ and a bit of a ‘perfectionist’. She relied upon a report prepared by a Consultant Psychiatrist, Dr Schuff, which had been prepared at some point in 2010. Dr Schuff declined to diagnose the Claimant as having a multiple personality disorder but described her as suffering with ‘problematic personality traits’. There was no reference to mixed personality disorder within the Claimant’s GP records until after she was dismissed.’

3PB, 3rd August 2020

Source: www.3pb.co.uk

Prosecution strategies in AR cases (1) – Counsel

Posted August 12th, 2020 in bills, coercive & controlling behaviour, courts, Crown Prosecution Service, domestic violence, families, news, police, prosecutions, victims by sally

‘A two-part series from Laura Hoyano and John Riley modelling investigation and prosecution strategies in cases of abusive relationship offending. Part one of this worked case example shows the typical challenges, tactics to surmount them, and the need for innovative thinking.’

Counsel, August 2020

Source: www.counselmagazine.co.uk

MPs urge action on lawyers who facilitate “aggressive tax avoidance” – Legal Futures

Posted August 12th, 2020 in HM Revenue & Customs, legal profession, legal services, news, tax avoidance, taxation by sally

‘The lawyers and others who devise and market ineffective tax avoidance schemes are often breaking the law and a few legislative tweaks will make it easier to prosecute them, MPs have claimed.’

Legal Futures, 11th August 2020

Source: www.legalfutures.co.uk

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