Court of Protection Newsletter #20 – Spire Barristers

Posted October 23rd, 2020 in chambers articles, Court of Protection, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 8th October 2020

Source: spirebarristers.co.uk

Overarching principles: Sentencing offenders with mental disorders, developmental disorders, or neurological impairments – St Philips Barristers

‘The Sentencing Council’s guideline for sentencing offenders with mental disorders, developmental disorders, or neurological impairments came into force on 1 October 2020. The guideline applies only to offenders aged 18 and older, who are sentenced on or after 1 October 2020, regardless of the date of the offence. The applicable guideline for offenders under the age of 18 remains the Sentencing Children and Young People guideline, particularly section 11.1 to 1.14.’

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St Philips Barristers, 7th October 2020

Source: st-philips.com

Ombudsman criticises council for leaving visually impaired man without support to access the community – Local Government Lawyer

Posted October 23rd, 2020 in carers, disabled persons, local government, mental health, news, ombudsmen by sally

‘A visually impaired man did not have the help he needed for 14 months after Westminster City Council reduced his support package, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 22nd October 2020

Source: www.localgovernmentlawyer.co.uk

Viagogo may have to sell all or part of StubHub, regulator says – BBC News

Posted October 23rd, 2020 in competition, fees, mergers, news, ombudsmen by sally

‘Ticketing site Viagogo may need to sell all or part of StubHub after an investigation by the UK’s competition watchdog found the merger of the two firms could lead to higher fees.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

South Wales police defend use of Taser on pregnant woman – The Guardian

Posted October 23rd, 2020 in assault, firearms, news, police, pregnancy by sally

‘A police force has defended the use of a Taser by one of its officers on a pregnant woman who lost her baby after the stun gun was fired at her.’

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The Guardian, 21st October 2020

Source: www.theguardian.com

What Should Reparations For Slavery Look Like? – Each Other

‘The debate around reparations for colonialism and slavery has often been an explosive one. It is often dismissed as far removed from reality, relating to events in the distant past. But the legacy and consequences of colonialism are material, living, and breathing – which makes debates around colonial restitution as relevant now as they have ever been, argues Nadine Batchelor-Hunt.’

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Each Other, 22nd October 2020

Source: eachother.org.uk

Burglar who murdered Godstone pensioner Dennis Kellond jailed – BBC News

Posted October 23rd, 2020 in burglary, imprisonment, murder, news, sentencing by sally

‘A burglar has been jailed for 32 years for murdering a pensioner in his home.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Female lawyers anxious over disproportionate impact of Covid – Legal Futures

‘Almost a quarter of women in the profession have not seen their incomes return to pre-Covid levels with one in five still on less than their previous working hours, a survey has found.’

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Legal Futures, 23rd October 2020

Source: www.legalfutures.co.uk

Rape prosecutions and convictions dropped by half early in UK pandemic – The Guardian

‘Prosecutions for crimes against women and girls in England and Wales plummeted in the first three months of the coronavirus pandemic, reflecting a backlog in the court system exacerbated by the UK-wide shutdown and subsequent social distancing measures.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Marian Clode: Woman’s cattle death ruled accidental – BBC News

Posted October 23rd, 2020 in accidents, animals, inquests, news by sally

‘A woman died after a cow charged at her and flipped her over a fence, an inquest has heard.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Met police apologise over errors in racist attack investigation – The Guardian

Posted October 22nd, 2020 in assault, complaints, news, police, race discrimination, racism, victims by sally

‘The Metropolitan police has apologised for errors made in an investigation into a vicious racist attack. The victim says the errors resulted from discrimination by officers.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Covid: ‘Perfect storm’ causing employment tribunal backlog – BBC News

Posted October 22nd, 2020 in benefits, coronavirus, delay, employment tribunals, mental health, news, redundancy by sally

‘Concerns are being raised over a Covid-related backlog of tribunal cases involving people who believe they have lost their jobs unfairly.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB – No. 5 Chambers

‘The Claimant sought judicial review of the Council’s decision to grant planning permission for replacement facilities in respect of what is known as “Sizewell B” power station, part of the Sizewell power stations in Suffolk, in advance of a decision on whether or not to grant development consent for “Sizewell C”. The site lies within the Suffolk Coast and Heaths AONB and the Suffolk Heritage Coast. The Sizewell Marshes SSSI lies immediately west and north of the site and within the western boundary lies Coronation Wood. The Claimant was Secretary and member of “Together Against Sizewell C”, a group which held concerns as to the sensitive nature of the environment around Sizewell and the impact of the Sizewell C project.’

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No. 5 Chambers, 8th October 2020

Source: www.no5.com

BAILII: Recent Decisions

Posted October 22nd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Gateway Housing Association v Personal Representatives of Ali & Anor [2020] EWCA Civ 1339 (22 October 2020)

High Court (Administrative Court)

Buivis v Deputy Prosecutor General (Republic of Lithuania) [2020] EWHC 2815 (Admin) (20 October 2020)

High Court (Chancery Division)

Rwamba v The Secretary of State for Business, Energy And Industrial Strategy [2020] EWHC 2778 (Ch) (20 October 2020)

Kea Investments Ltd v Watson [2020] EWHC 2796 (Ch)) (19 October 2020)

Shazam Productions Ltd v Only Fools the Dining Experience Ltd & Ors [2020] EWHC 2799 (Ch) (19 October 2020)

High Court (Family Division)

Prospective Adopters v Sheffield City Council [2020] EWHC 2783 (Fam) (21 October 2020)

High Court (Queen’s Bench Division)

Cobussen Principal Investment Holdings Ltd v Akbar & Ors [2020] EWHC 2805 (QB) (21 October 2020)

High Court (Technology and Construction Court)

Blue Manchester Ltd v North West Ground Rents Ltd [2020] EWHC 2777 (TCC) (20 October 2020)

BDW Trading Ltd v Lantoom Ltd [2020] EWHC 2744 (TCC) (16 October 2020)

Source: www.bailii.org

HS2 protester given suspended sentence for contempt of court – Local Government Lawyer

‘A protester against the High Speed 2 (HS2) rail project has been handed a suspended prison sentence for contempt of court after breaching an earlier order in the first such case concerning HS2.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk

SRA slapped with costs order over failed prosecution – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of making a costs order against the Solicitors Regulation Authority (SRA) for the “grave errors” it made in a case it eventually had to withdraw.’

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Legal Futures, 22nd October 2020

Source: www.legalfutures.co.uk

Crackdown on UK gambling ads expected to ban use of celebrities – The Guardian

Posted October 22nd, 2020 in advertising, codes of practice, gambling, news, young persons by sally

‘The use of celebrities such as sports personalities and reality TV stars in betting and gambling ads is expected to be banned under new rules designed to crack down on marketing targeting under-18s.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

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UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Ombudsman report finds council wrongly accused woman of using abusive language, stopped Care Act assessment – Local Government Lawyer

‘The Royal Borough of Greenwich has been told by the Local Government and Social Care Ombudsman that it need not compensate a woman it wrongly accused of using abusive language to a staff member.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk

Appeal court quashes UK policy of removing migrants with little warning – The Guardian

Posted October 22nd, 2020 in appeals, human rights, immigration, ministers' powers and duties, news by sally

‘The court of appeal has quashed a Home Office policy of removing migrants from the UK without access to justice.’

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The Guardian, 21st October 2020

Source: www.theguardian.com