Structural racism led to worse Covid impact on BAME groups – report – The Guardian

Posted October 29th, 2020 in coronavirus, equality, minorities, news, racism, reports by sally

‘Structural racism led to the disproportionate impact of the coronavirus pandemic on black, Asian and minority ethnic (BAME) communities, a review by Doreen Lawrence has concluded.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

New Developments in Cost Budgeting – 4 New Square

Posted October 29th, 2020 in budgets, civil procedure rules, costs, news, practice directions by sally

‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’

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4 New Square, 7th October 2020

Source: www.4newsquare.com

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Legal action taken against PM over refusal to investigate Kremlin meddling – The Guardian

‘A cross-party group of MPs and peers including a former national security adviser are taking legal action against Boris Johnson over his government’s refusal to order an inquiry into Russian interference in UK elections.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Revisiting interim payments in IPFDA 1975 claims: Weisz v Weisz [2019] EWHC 3101 (Fam) – Hardwicke Chambers

Posted October 29th, 2020 in bereavement, financial provision, news, widows, wills by sally

‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Brothers stopped and searched over a fist bump to sue Met police – The Guardian

Posted October 29th, 2020 in assault, false imprisonment, news, police, race discrimination, stop and search by sally

‘Two innocent black brothers wrongly suspected by police of drug dealing after they bumped fists in the street say they were targeted because of their skin colour and will sue the police.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association

Posted October 29th, 2020 in coronavirus, judicial review, ministers' powers and duties, news, regulations by sally

‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’

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UK Constitutional Law Association, 28th October 2020

Source: ukconstitutionallaw.org

Police spying inquiry to examine targeting of UK black justice groups – The Guardian

Posted October 29th, 2020 in bereavement, inquiries, minorities, news, police, race discrimination, racism, spying by sally

‘A public inquiry into undercover policing is poised to reveal details of how police repeatedly spied on black justice groups, including several run by grieving families whose relatives were killed by police or died in custody.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

Inappropriate police restraint contributed to the death of Kevin Clarke inquest concludes – Garden Court Chambers

Posted October 29th, 2020 in inquests, mental health, news, police, restraint by sally

‘Kevin Andre Clarke was 35-year-old black man who died after being restrained by police in Lewisham, South London, on 9 March 2018. Kevin had suffered from paranoid schizophrenia since the age of 17 and at the time of his death was experiencing a mental health episode.’

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Garden Court Chambers, 9th October 2020

Source: www.gardencourtchambers.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

Posted October 29th, 2020 in casual workers, employment tribunals, news, redundancy, unfair dismissal by sally

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to undertake adhoc work as and when needed.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer

Posted October 29th, 2020 in coronavirus, judicial review, local government, news, referendums, regulations by sally

‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’

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Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Parliament could get legal powers to summon witnesses, MP says – The Guardian

Posted October 29th, 2020 in news, parliament, privilege, select committees, witnesses by sally

‘Parliament could soon be given legal powers to summon reluctant witnesses such as Dominic Cummings and Rupert Murdoch to answer questions from MPs, according to the chair of a Commons committee.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

SRA eyes “activity based licences” and scheme for unregulated providers – Legal Futures

Posted October 29th, 2020 in legal services, licensing, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) could offer “activity-based licences”, allowing lawyers to provide individual reserved legal activities instead of its current “all or nothing” approach to regulation.’

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Legal Futures, 29th October 2020

Source: www.legalfutures.co.uk

Secrets and lies: untangling the UK ‘spy cops’ scandal – The Guardian

Posted October 29th, 2020 in inquiries, news, police, spying by sally

‘Those duped into having relationships with undercover police are hoping for answers from the inquiry.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted October 28th, 2020 in extradition, legislation, sentencing by tracey

2020 c. 17 – Sentencing Act 2020

2020 c. 18 – Extradition (Provisional Arrest) Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 28th, 2020 in legislation by tracey

The Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2020

The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 28th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)

S (A Child : Finding of Fact) [2020] EWCA Civ 1382 (27 October 2020)

Chief Constable of West Yorkshire Police & Ors v Dyer & Ors [2020] EWCA Civ 1375 (27 October 2020)

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 (27 October 2020)

Easter, R (On the Application Of) v Mid-Suffolk District Council & Anor [2020] EWCA Civ 1378 (27 October 2020)

The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss [2020] EWCA Civ 1381 (27 October 2020)

Court of Appeal (Criminal Division)

Bassett v R. [2020] EWCA Crim 1376 (28 October 2020)

High Court (Administrative Court)

IG, R (On the Application Of) v The Special Immigration Appeals Commission [2020] EWHC 2867 (Admin) (28 October 2020)

Crocker v Devon And Cornwall Police [2020] EWHC 2838 (Admin) (28 October 2020)

Ali v Director of Public Prosecutions [2020] EWHC 2864 (Admin) (27 October 2020)

Zins, R (On the Application Of) v East Suffolk Council [2020] EWHC 2850 (Admin) (27 October 2020)

High Court (Chancery Division)

Sheeran & Ors v Chokri & Ors [2020] EWHC 2806 (Ch) (28 October 2020)

Sunbird Business Services Ltd, Re [2020] EWHC 2860 (Ch) (28 October 2020)

Bath Rugby Ltd v Greenwood& Ors (Costs : special considerations) [2020] EWHC 2856 (Ch) (27 October 2020)

High Court (Queen’s Bench Division)

Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) (27 October 2020)

Source: www.bailii.og

Claire Parry death: PC Timothy Brehmer jailed for manslaughter – BBC News

Posted October 28th, 2020 in domestic violence, families, homicide, imprisonment, news, police, sentencing by sally

‘A police officer who strangled his long-term lover after she exposed their affair to his wife has been jailed.’

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BBC News, 28th October 2020

Source: www.bbc.co.uk

Overturning a coroner’s verdict – 5SAH

Posted October 28th, 2020 in appeals, bereavement, chambers articles, coroners, families, inquests, news by sally

‘Why is it so difficult to overturn a coroner’s verdict at inquest level? And are coroners entitled to reach the decisions they do with regards the scope of the inquest?’

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5SAH, 20th October 2020

Source: www.5sah.co.uk

Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk

‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’

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12 King's Bench Walk, 9th October 2020

Source: www.12kbw.co.uk