16/11/2020 – Current Awareness

Positive action and proportionality: Supreme Court guidance in Agudas Israel Housing Association – Cloisters

Posted November 16th, 2020 in appeals, chambers articles, equality, housing, human rights, Judaism, local government, London, news, proportionality, race discrimination, religious discrimination, Supreme Court by sally

‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’

Cloisters, 6th November 2020

Source: www.cloisters.com

Case Law Update: Lancashire County Council v G (Unavailability of Secure Accommodation) [2020] EWHC 2828 (Fam) – Parklane Plowden Chambers

Posted November 16th, 2020 in attempts, care orders, children, detention, family courts, human rights, local government, mental health, news, suicide by sally

‘Mr Justice MacDonald authorised the deprivation of liberty of a vulnerable 16-year-old girl, G, under the inherent jurisdiction. The court was left with no real choice but to authorise the deprivation in circumstances where the only placement that could be located was neither secure nor regulated. Mr Justice MacDonald was troubled with the situation, and questioned whether he was simply being forced by mere circumstance to make an order irrespective of welfare considerations rather than exercising the courts’ welfare jurisdiction.’

Parklane Plowden Chambers, 6th November 2020

Source: www.parklaneplowden.co.uk

Vigilante justice: is evidence obtained by ‘paedophile hunter’ groups admissible in criminal proceedings? – 2 Hare Court

Posted November 16th, 2020 in appeals, chambers articles, child abuse, children, criminal justice, evidence, human rights, internet, news, privacy, sexual offences, Supreme Court by sally

‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’

2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Shock new figures fuel fears of more lockdown domestic abuse killings in UK – The Guardian

Posted November 16th, 2020 in charities, coercive & controlling behaviour, coronavirus, domestic violence, families, murder, news, statistics by sally

‘Calls to the UK’s largest domestic abuse helpline are rising “week on week” as new figures reveal that almost 50 suspected killings may have occurred during the first lockdown.’

The Guardian, 15th November 2020

Source: www.theguardian.com

New Judgment: R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 – UKSC Blog

Posted November 16th, 2020 in appeals, coroners, inquests, judicial review, Ministry of Justice, news, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘By a majority the Supreme Court has dismissed this appeal concerning the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide.’

UKSC Blog, 13th November 2020

Source: ukscblog.com

Of late reviews and multiple appeals – Nearly Legal

Posted November 16th, 2020 in appeals, homelessness, housing, news, time limits by sally

‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’

Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Solicitors oppose move to digital signatures for LPAs – Legal Futures

Posted November 16th, 2020 in electronic filing, fraud, news, powers of attorney, solicitors, statistics by sally

‘The vast majority of solicitors want to retain the rule that donors must physically sign lasting powers of attorney (LPAs) rather than move to electronic signatures, a survey has found.’

Legal Futures, 16th November 2020

Source: www.legalfutures.co.uk

Marina Litvinenko submits €3.5m ECHR claim against Russia – The Guardian

Posted November 16th, 2020 in compensation, damages, human rights, inquiries, international law, murder, news, poisoning, Russia by sally

‘The widow of Alexander Litvinenko has submitted a claim against Russia to the European court of human rights (ECHR), seeking €3.5m (£3.1m) in compensation for his murder by radiation poisoning in London.’

The Guardian, 15th November 2020

Source: www.theguardian.com

Costs and proceedings – Law Society’s Gazette

Posted November 16th, 2020 in costs, divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Recent changes to the Family Procedure Rules (FPR) 2010 and views expressed from the bench mean that there has been an increased emphasis upon parties making open offers and seeking to narrow the issues in financial remedy proceedings. Not since the long-lamented demise of Calderbank letters have there been so many cases with clear warnings about costs.’

Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk

Maughan: Suicide and Unlawful Killing Conclusions in Inquests – UK Human Rights Blog

Posted November 16th, 2020 in appeals, coroners, inquests, news, standard of proof, suicide, Supreme Court, unlawful killing by sally

‘The Supreme Court has now issued its judgment in this important case for Coroners and inquests dealing with the standard of proof to be applied where the death might have been caused by suicide or unlawful killing.’

UK Human Rights Blog, 13th November 2020

Source: ukhumanrightsblog.com

Post-Grenfell social housing reforms in England to be unveiled – The Guardian

Posted November 16th, 2020 in accidents, complaints, consumer protection, fire, housing, landlord & tenant, local government, news, standards by sally

‘Millions of tenants could be offered greater protection from wrongdoing by landlords in long-awaited social housing reforms to be announced this week, more than three years after the Grenfell Tower disaster.’

The Guardian, 16th November 2020

Source: www.theguardian.com

Water Sellers – Nearly Legal

Posted November 16th, 2020 in appeals, contracts, interpretation, landlord & tenant, local government, news, rent, water companies by sally

‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’

Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Driver who ‘fell asleep’ jailed for causing death – BBC News

Posted November 16th, 2020 in dangerous driving, elderly, imprisonment, news, sentencing, unlawful killing by sally

‘A pensioner who caused the death of a woman after “falling asleep” has been jailed for a year.’

BBC News, 14th November 2020

Source: www.bbc.co.uk

Hodge worries about impact of pandemic on young lawyers – Litigation Futures

Posted November 16th, 2020 in appeals, barristers, coronavirus, expert witnesses, judges, legal education, legal profession, news, remote hearings, solicitors, Supreme Court by sally

‘The deputy president of the Supreme Court has expressed fears that young lawyers have been unable to train properly during the pandemic and urged the profession to ensure there is no lasting damage to their education.’

Litigation Futures, 12th November 2020

Source: www.litigationfutures.com

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

Posted November 16th, 2020 in asylum, coronavirus, government departments, homelessness, housing, immigration, local government, news by sally

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

The Guardian, 14th November 2020

Source: www.theguardian.com

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

Posted November 16th, 2020 in adoption, appeals, care orders, children, deceit, families, family courts, judges, local government, news by sally

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Court corrects gaffe which allowed ex-husband to stop payments – Law Society’s Gazette

Posted November 16th, 2020 in county courts, divorce, families, financial provision, litigants in person, news by sally

‘A court has permitted the correction of an order which accidentally allowed a husband to stop making payments to his ex-wife.’

Law Society's Gazette, 16th November 2020

Source: www.lawgazette.co.uk

Essure: Women in England take legal action against sterilising-device maker – BBC News

Posted November 16th, 2020 in class actions, compensation, damages, health, medical treatment, news, women by sally

‘Lawyers have begun legal action on behalf of 200 UK women against the makers of a sterilisation device, after claims of illness and pain.’

BBC News, 15th November 2020

Source: www.bbc.co.uk

Supreme court case looms as insurers battle firms over Covid cover – The Guardian

Posted November 16th, 2020 in appeals, compensation, coronavirus, financial services ombudsman, insurance, news, Supreme Court by sally

‘Eight months since the UK coronavirus lockdown forced the temporary closures of restaurants, bars, shops, hairdressers and other small businesses, thousands who are still awaiting payouts from their insurers to cover lost income will hope a supreme court hearing will result in a ruling that favours about 200,000 policyholders.’

The Guardian, 16th November 2020

Source: www.theguardian.com

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