Shamima Begum: Justice and the jihadi bride – BBC News

Posted November 23rd, 2020 in appeals, children, citizenship, government departments, Islam, news, Supreme Court, terrorism by sally

‘Shamima Begum ran away to Syria as a 15-year-old to join the self-proclaimed Islamic State. But when the terror group was defeated, she ended up in a refugee camp in Syria.’

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BBC News, 22nd November 2020

Source: www.bbc.co.uk

Trans teen in legal action over gender clinic wait – BBC News

‘A 14-year-old transgender boy is starting legal proceedings against NHS England over delays to gender reassignment treatment.’

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BBC News, 23rd November 2020

Source: www.bbc.co.uk

Judge wrong to find ‘subject to contract’ compromise binding – Litigation Futures

Posted November 23rd, 2020 in appeals, contracts, judges, loans, news, solicitors by sally

‘A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been “subject to contract”, the Court of Appeal has decided.’

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Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com

Criminal justice system is ‘on its knees’, says top English lawyer – The Guardian

‘Crown court cases are being delayed until 2023, the innocent penalised more than the guilty, and the under-funded, criminal justice system brought “on its knees”, according to the chair of the Criminal Bar Association in England and Wales.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Catterick man jailed for ambush murder of ex-girlfriend – BBC News

Posted November 23rd, 2020 in imprisonment, kidnapping, murder, news, sentencing by sally

‘A man who kidnapped and murdered his ex-girlfriend in a woodland hideout has been jailed for at least 25 years.’

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BBC News, 21st November 2020

Source: www.bbc.co.uk

Family who fear daughter was killed sue Leeds NHS trust after body decomposes – The Guardian

Posted November 23rd, 2020 in bereavement, coroners, damages, families, hospitals, inquests, negligence, news, unlawful killing by sally

‘The family of a woman who they suspect was killed is suing a health trust that allegedly stored her corpse incorrectly, allowing it to decompose to the point that experts were unable to rule out third-party involvement in her death, the Guardian can reveal.’

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The Guardian, 23rd November 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 23rd, 2020 in legislation by tracey

The Health Protection (Coronavirus, Restrictions) (England) (No. 4) (Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 23rd, 2020 in law reports by tracey

High Court (Administrative Court)

Aviva Insurance Ltd & Anor, R (On the Application Of) v The Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin) (20 November 2020)

High Court (Commercial Court)

NIHL Ltd & Anor v Infinite Ltd [2020] EWHC 3136 (Comm) (20 November 2020)

High Court (Patents Court)

Teva UK Ltd v Janssen Pharmaceutica N.A. [2020] EWHC 3157 (Pat) (16 November 2020)

High Court (Queen’s Bench Division)

Mathewson v Crump & Anor [2020] EWHC 3167 (QB) (20 November 2020)

Vardy v Rooney [2020] EWHC 3156 (QB) (20 November 2020)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 20th, 2020 in legislation by tracey

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 25) Regulations 2020

The Surrender of Offensive Weapons (Compensation) Regulations 2020

The Domestic Violence, Crime and Victims Act 2004 (Victims’ Code of Practice) Order 2020

The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020

The Armed Forces Redundancy Scheme Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 20th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

VIP Communications Ltd (In Liquidation), R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 1564 (20 November 2020)

Hussain & Ors v The London Borough of Waltham Forest [2020] EWCA Civ 1539 (19 November 2020)

Joanne Properties Ltd v Moneything Capital Ltd & Anor [2020] EWCA Civ 1541 (19 November 2020)

Oneplus Technology (Shenzhen) Co., Ltd & Ors v Mitsubishi Electric Corporation & Anor [2020] EWCA Civ 1562 (19 November 2020)

Bell v Ivy Technology Ltd [2020] EWCA Civ 1563 (19 November 2020)

Court of Appeal (Criminal Division)

Scothern v R [2020] EWCA Crim 1540 (20 November 2020)

Gregson, Re (Rev 1) [2020] EWCA Crim 1529 (18 November 2020)

High Court (Administrative Court)

Makowska v Regional Court, Torun, Poland (No. 2) [2020] EWHC 3144 (Admin) (20 November 2020)

Petrovics v Prosecutor Generals Office of Hungary [2020] EWHC 3145 (Admin) (20 November 2020)

Safety-Kleen UK Ltd v The Environment Agency [2020] EWHC 3147 (Admin) (20 November 2020)

Jess v High Court, Ireland [2020] EWHC 3134 (Admin) (20 November 2020)

Farookh v Judge of the Saarbrucken Regional Court (Germany) [2020] EWHC 3143 (Admin) (20 November 2020)

Tuakli v Judge for Preliminary Investigations, Court of Trieste, Italy [2020] EWHC 3146 (Admin) (20 November 2020)

Joint Council for the Welfare of Immigrants v The President of the Upper Tribunal (Immigration and Asylum Chamber) [2020] EWHC 3103 (Admin) (20 November 2020)

Professional Standards Authority for Health And Social Care v General Medical Council & Anor [2020] EWHC 3122 (Admin) (19 November 2020)

RSBS Developments Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 3077 (Admin) (17 November 2020)

R (Rights: Community: Action) v Secretary of State for Housing, Communities And Local Government [2020] EWHC 3073 (Admin) (17 November 2020)

Antochi v Richterin Am Amstegericht of the Amstgericht Munchen (Munich), Germany [2020] EWHC 3092 (Admin) (17 November 2020)

Adams v Secretary of State for Housing, Communities And Local Governmen & Anor [2020] EWHC 3076 (Admin) (17 November 2020)

Awodola v Association of Chartered Certified Accountants [2020] EWHC 3059 (Admin) (17 November 2020)

High Court (Chancery Division)

Sky Building Ltd & Ors v HM Revenue and Customs & Ors [2020] EWHC 3139 (Ch) (20 November 2020)

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank PLC & Ors [2020] EWCh 3135 (Ch) (20 November 2020)

King & Ors v Kings Solutions Group Ltd & Ors (Costs) [2020] EWHC 3130 (Ch) (19 November 2020)

Arlington Infrastructure Ltd & Anor v Woolrych & Ors [2020] EWHC 3123 (Ch) (19 November 2020)

Harris v Holland & Anor [2020] EWHC 3104 (Ch) (19 November 2020)

PTNZ v AS & Ors [2020] EWHC 3114 (Ch ) (18 November 2020)

Glint Pay Ltd & Ors v Baker & Anor [2020] EWHC 3078 (Ch) (18 November 2020)

Barrowfen Properties v Patel & Ors [2020] EWHC 3112 (Ch) (18 November 2020)

HRH the Duchess of Sussex v Associated Newspapers Ltd [2020] EWHC 3093 (Ch) (18 November 2020)

Anaghara v Anaghara & Ors [2020] EWHC 3091 (Ch) (17 November 2020)

Nash & Ors v Lygren & Ors [2020] EWHC 3088 (Ch) (17 November 2020)

High Court (Commercial Court)

I.F.T. S.A.L. Offshore v Barclays Bank PLC [2020] EWHC 3125 (Comm) (19 November 2020)

High Court (Family Division)

Lancashire County Council v G (No. 2)(Continuing Unavailability of Secure Accommodation) [2020] EWHC 3124 (Fam) (20 November 2020)

High Court (Patents Court)

IPCOM GmbH & Co Kg v HTC Europe Co Ltd & Ors [2020] EWHC 2941 (Pat) (04 November 2020)

High Court (Queen’s Bench Division)

Soriano v Societe D’exploitation De L’hebdomadaire Le Point SA & Anor [2020] EWHC 3121 (QB) (20 November 2020)

Zurich Insurance Plc v Barnicoat & Anor [2020] EWHC 3127 (QB) (19 November 2020)

London Underground Ltd v Mighton [2020] EWHC 3099 (QB) (18 November 2020)

Robinson v Barker & Anor [2020] EWHC 3097 (QB) (18 November 2020)

High Court (Technology and Construction Court)

Huber & Anor v X-Yachts (GB) Ltd & Anor [2020] EWHC 3082 (TCC) (17 November 2020)

Source: www.bailii.org

Facebook’s Instagram ‘failed self-harm responsibilities’ – BBC News

‘Children’s charity the NSPCC has said a drop in Facebook’s removal of harmful content was a “significant failure in corporate responsibility”.’

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BBC News, 19th November 2020

Source: www.bbc.co.uk

UK’s ‘no notice’ immigration policy unlawfully interfered with the right to access to justice, holds Court of Appeal – Oxford Human Rights Hub

Posted November 20th, 2020 in appeals, deportation, government departments, immigration, news, notification by sally

‘Until March 2019, the UK operated an immigration policy – set out in Chapter 60 of the General Instructions to Home Office caseworkers – that worked like this: if a migrant did not have leave to enter or remain in the UK (that is, if they were an “irregular migrant”), the Secretary of State for the Home Department could serve a “notice of removal window”. After a short notice period (usually just 72 hours), the “removal window” (usually 3 months) would open. During the removal window, the migrant could forcibly be removed at any time, without further warning.’

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Oxford Human Rights Hub, 16th November 2020

Source: ohrh.law.ox.ac.uk

Killer drug GHB ‘should be reclassified’, says official report – BBC News

Posted November 20th, 2020 in bereavement, drug abuse, families, homosexuality, murder, news, rape, sexual offences by sally

‘A drug that was weaponised by the UK’s most prolific rapist and the serial killer Stephen Port should be reclassified, says an official report.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Only 16% of British courts accessible for wheelchair users – Litigation Futures

Posted November 20th, 2020 in courts, disabled persons, equality, law firms, news, statistics by sally

‘Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users, research by a London personal injury firm has found.’

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Litigation Futures, 19th November 2020

Source: www.litigationfutures.com

Barristers aim to end “shocking” lack of diversity on Western Circuit – Legal Futures

Posted November 20th, 2020 in barristers, Crown Court, diversity, equality, judiciary, news, statistics by sally

‘A group of barristers has launched a bid to end what they describe as a “shocking” lack of diversity on the Western Circuit, where none of the full-time circuit judges are from Black, Asian or minority ethnic (BAME) backgrounds.’

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Legal Futures, 20th November 2020

Source: www.legalfutures.co.uk

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

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Each Other, 19th November 2020

Source: eachother.org.uk

Paul Cleeland case: Government reviews files on 1972 murder – BBC News

‘The Home Office is reviewing its archives to see if any files exist on Paul Cleeland, who has been fighting to clear his name of murder for 47 years.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Grieving daughter wins first stage of legal fight on Covid releases to care homes – The Guardian

‘A grieving daughter who lost her father to Covid-19 in an Oxfordshire care home has won the first stage of a high court challenge against the government’s policy of discharging hospital patients into care homes without tests.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers

Posted November 19th, 2020 in accounts, auditors, damages, duty of care, loss of chance, negligence, news by sally

‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’

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Hardwicke Chambers, 5th November 2020

Source: hardwicke.co.uk

Justifying Austerity – Not Solely a Question of Cost – Littleton Chambers

Posted November 19th, 2020 in age discrimination, budgets, news, probation, remuneration by sally

‘On 11 November 2020, the Court of Appeal dismissed the appeal in Heskett -v- Secretary of State for Justice [2020] EWCA Civ 1487, holding that the “pay freeze” imposed on probation officers as the result of the Government’s austerity measures, which might otherwise have been regarded as indirectly age discriminatory, was capable of being justified as a proportionate means of achieving a legitimate aim.’

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Littleton Chambers, 12th November 2020

Source: littletonchambers.com