Recent Statutory Instruments – legislation.gov.uk

Posted September 18th, 2020 in legislation by tracey

The Functions of the Investigatory Powers Commissioner (Oversight of the Data Access Agreement between the United Kingdom and the United States of America and of functions exercisable under the Crime (Overseas Production Orders) Act 2019) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020

The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 18th, 2020 in law reports by tracey

High Court (Chancery Division)

Sunbird Business Services Ltd, Re [2020] EWHC 2493 (Ch) (18 September 2020)

Bhamani & Ors v Sattar & Ors [2020] EWHC 2488 (Ch) (17 September 2020)

Bulled & Anor v Petrie & Anor [2020] EWHC 2485 (Ch) (17 September 2020)

High Court (Technology and Construction Court)

John Doyle Construction Ltd v Erith Contractors Ltd (Rev 1) [2020] EWHC 2451 (TCC) (14 September 2020)

Source: www.bailii.org

Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

Full Story

Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

Full Story

Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Health and Care Lasting Powers of Attorney – Family Law

Posted September 18th, 2020 in care homes, Court of Protection, health, medical treatment, news, powers of attorney by tracey

‘When we think about Lasting Powers of Attorney we usually think about property and financial affairs. There is, however, a second type of Lasting Power of Attorney which relates to health and care. In the current circumstances, it may be particularly relevant and important to consider putting in place health and care Lasting Powers of Attorney.’

Full Story

Family Law, 16th September 2020

Source: www.familylaw.co.uk

Costs rules: what you need to know – Family Law

Posted September 18th, 2020 in costs, divorce, families, financial dispute resolution, financial provision, news by tracey

‘“No one enters litigation simply expecting a blank cheque.” Francis J in WG v HG [2018] EWFC 84. But is this the case, or are we experiencing a new wave of litigants chancing their luck at the roulette wheel? Costs in financial remedy proceedings have come increasingly under the spotlight in recent years, most recently highlighted in some interesting and important commentary by Mostyn J, Francis J and Cohen J as to the manner in which litigation is conducted.’

Full Story

Family Law, 16th September 2020

Source: www.familylaw.co.uk

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

Full Story

Competition Bulletin from Blackstone Chambers, 15th September

Source: competitionbulletin.com

Man guilty of violent south London park sexual assault – Crown Prosecution Service

Posted September 18th, 2020 in Crown Prosecution Service, imprisonment, news, rape, sentencing, sexual offences by tracey

‘A violent man, who made up a twin to use as a scapegoat for the sexual attack he had committed, has been sentenced to 14 years’ imprisonment, with a recommendation that he serve at least two-thirds, and an extended licence period of eight years.’

Full Story

Crown Prosecution Service, 17th September 2020

Source: www.cps.gov.uk

Prosecuting in the public interest: independence without isolation – Max Hill QC, Director of Public Prosecutions – Crown Prosecution Service

‘In an essay to accompany an event with the Bingham Centre for the Rule of Law, Max Hill QC outlines what independence means for the Crown Prosecution Service in an extraordinary 2020 and beyond, and how it intersects with the Service’s other values and responsibilities. Drawing on the experiences of the past six months, he considers what it means to remain independent while also being collaborative, responsive and adaptable in a changing world – and the importance of each of these qualities in maintaining public confidence in the criminal justice system.’

Full Story

Crown Prosecution Service, 17th September 2020

Source: www.cps.gov.uk

Message from the Lord Chief Justice: Diversity of the judiciary – 2020 statistics – Courts & Tribunals Judiciary

‘I welcome publication of the Judicial Diversity Forum’s combined statistical report. It brings together data on the diversity of the judiciary, judicial appointments and from the relevant professional bodies (the Law Society, the Bar Council and the Chartered Institute of Legal Executives (CILEx).’

Full press release

Courts & Tribunals Judiciary, 17th September 2020

Source: www.judiciary.uk

Bar students required to decide exam retake before knowing results – Law Society’s Gazette

Posted September 18th, 2020 in barristers, coronavirus, examinations, legal education, news by tracey

‘Aspiring barristers caught up in last month’s bar exam fiasco will have to decide whether or not to retake them before knowing their results.nStudents have until 21 September to register to take the centralised Bar Professional Training Course in professional ethics and civil and criminal litigation – using the traditional pen and paper – starting from 5 October. They will have to decide before knowing the results of their August exams, which were plagued with technical faults. The civil and criminal litigation results for the August sit will be released on 12 October. The professional ethics results will be released on 6 November.’

Full Story

Law Society's Gazette, 17th September 2020

Source: www.lawgazette.co.uk

Judicial diversity statistics show ‘significant disparity’ between solicitors and barristers – Law Society’s Gazette

‘Solicitors are significantly less likely to be appointed judges than barristers even though more solicitors than barristers are applying for posts, according to a landmark diversity report published today.’

Full Story

Law Society's Gazette, 17th September 2020

Source: www.lawgazette.co.uk

Man who sent black man a banana at Wetherspoons fined – The Independent

Posted September 18th, 2020 in fines, hate crime, news, public order, racism, sentencing by tracey

‘A Wetherspoon customer who sent a banana to a black man in the same pub has been convicted of a racist hate crime and ordered to pay over £1,200 in fines and court costs.’

Full Story

The Independent, 17th September 2020

Source: www.independent.co.uk

Gender-fluid engineer wins landmark UK discrimination case – The Guardian

‘Judge decides that there is protection for non-binary people under the Equality Act.’

Full Story

The Guardian, 17th September 2020

Source: www.theguardian.com

Terrorist prisoners hit record high in British jails amid warnings of radicalisation – The Independent

Posted September 18th, 2020 in bills, Ministry of Justice, news, prison officers, prisons, recidivists, statistics, terrorism by tracey

‘A record number of terrorists are being held in British prisons, new figures show amid warnings over radicalisation inside “chaotic” jails. Statistics released by the Home Office on Thursday indicate there were 243 people in custody for terror-related offences, up 24 on the previous year.’

Full Story

The Independent, 17th September 2020

Source: www.independent.co.uk

Home Office’s £400m immigration unit bases policies on ‘assumptions and prejudice’, MPs warn – The Independent

Posted September 18th, 2020 in diversity, enforcement, equality, government departments, immigration, news by tracey

‘The Home Office appears to be formulating its immigration policies on “anecdote, assumption and prejudice” rather than evidence, MPs have warned.’

Full Story

The Independent, 18th September 2020

Source: www.independent.co.uk

Tashan Daniel’s Tube station killers lodge appeals – BBC News

Posted September 18th, 2020 in appeals, homicide, murder, news, offensive weapons, sentencing by tracey

‘A killer jailed for fatally stabbing an Arsenal fan on a London Underground platform is to appeal against his murder conviction, the BBC has learned.’

Full Story

BBC News, 18th September 2020

Source: www.bbc.co.uk

Tory MP told to apologise after being found guilty of breaching lobbying rules – The Independent

Posted September 17th, 2020 in lobbying, news, parliament, standards by michael

‘A Conservative MP has been told to make an apology in the House of Commons after being found guilty of breaching lobbying rules in relation to a company which gave him £10,000.’

Full Story

The Independent, 17th September 2020

Source: www.independent.co.uk

Extinction Rebellion ‘go floppy’ when arrested, complains senior Met officer – The Guardian

Posted September 17th, 2020 in climate change, demonstrations, London, news, police by michael

‘One of Britain’s most senior police officers has launched an angry tirade against Extinction Rebellion protesters going “all floppy” when they get arrested.’

Full Story

The Guardian, 16th September 2020

Source: www.theguardian.com