131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK

Posted December 1st, 2020 in costs, Court of Protection, news, podcasts, third parties by sally

‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’

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Law Pod UK, 30th November 2020

Source: audioboom.com

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

Fixed Fee and Virtual Mediations – Becket Chambers

Posted December 1st, 2020 in dispute resolution, fees, news, remote hearings by sally

‘The present pandemic has resulted in a significant increase in the time it takes matters, especially civil claims, to get to court for a final hearing and those delays are only going to get longer so there has never been a better time to consider mediation as a quick, cheap and effective alternative to litigation and the Civil Mediation Council’s Fixed Fee Mediation scheme allows parties to benefit from a very economic tariff for relatively low-value claims (i.e. up to £50,000) using CMC-accredited civil mediators.’

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Becket Chambers, 13th November 2020

Source: becket-chambers.co.uk

Work begins on legal definition of ‘ecocide’ – Law Society’s Gazette

Posted December 1st, 2020 in environmental protection, international courts, international law, news by sally

“‘A panel of leading lawyers has been set up to draft a legal definition of “ecocide” as a potential international crime that could sit alongside war crimes, genocide and crimes against humanity.’

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Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Non-lawyers banned from law firms in misconduct blizzard – Legal Futures

Posted December 1st, 2020 in disciplinary procedures, forgery, law firms, legal executives, news, solicitors, wills by sally

‘Six non-lawyers have been banned from working for law firms for a range of offences, from faking signatures and misusing season ticket loans to fabricating a client’s will to name themselves as a beneficiary.’

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Legal Futures, 1st December 2020

Source: www.legalfutures.co.uk

Campaigners launch legal challenge over Stonehenge road tunnel – The Guardian

Posted December 1st, 2020 in judicial review, monuments, news, planning, roads by sally

‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Dayne Cooper jailed after Essex police officer dragged by car – BBC News

Posted December 1st, 2020 in assault, emergency services, guilty pleas, news, police, sentencing by sally

‘A man who dragged a police officer along the ground as he held the car door and punched another in the head has been jailed.’

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BBC News, 30th November 2020

Source: www.bbc.co.uk

Suicide and the burden of proof – Law Society’s Gazette

Posted December 1st, 2020 in burden of proof, coroners, inquests, news, standard of proof, suicide by sally

‘Although suicide was decriminalised more than 60 years ago, it was still always necessary to meet the criminal standard of proof when reaching a finding that someone had taken their own life. But this month, in a departure from this common understanding, the Supreme Court in R (Maughan) v HM Coroner for Oxfordshire [2020] UKSC 46 found that the ‘degree of conclusivity’ required was, in fact, the civil standard – the balance of probabilities.’

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Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Ministers urged to end delay on law curbing restraint on mental health patients – The Guardian

Posted December 1st, 2020 in bills, delay, hospitals, mental health, minorities, news, restraint by sally

‘Ministers are being urged to finally implement legislation restricting the use of dangerous restraint practices against patients in mental health units two years after it was passed.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Does the lockdown breach the right to freedom of religion? – UK Human Rights Blog

Posted December 1st, 2020 in coronavirus, human rights, news, regulations by sally

‘[W]hen considering the legality of the lockdown it is relevant that the neither latest iteration of the Coronavirus Regulations, nor the previous version that imposed the earlier lockdown, in any way restrict the Article 9(1) right to hold a belief, or choices made regarding personal behaviour outside the context of places of worship.’

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UK Human Rights Blog, 30th November 2020

Source: ukhumanrightsblog.com

Harley Watson hit-and-run: Terence Glover admits manslaughter – BBC News

‘A man has admitted killing a 12-year-old boy in a hit-and-run near a school.’

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BBC News, 30th November 2020

Source: www.bbc.co.uk

Court of Appeal highlights need for early legal advice where adoption placements near point of breakdown – Local Government Lawyer

Posted December 1st, 2020 in adoption, appeals, fostering, local government, news, notification by sally

‘The first reported occasion on which the courts have had to consider whether prospective adopters gave notice of their wish to return the child highlights the need for early legal advice, the Court of Appeal has said.’

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Local Government Lawyer, 30th November 2020

Source: www.localgovernmentlawyer.co.uk

UK government pays out to family of IPP prisoner who killed himself – The Guardian

Posted December 1st, 2020 in bereavement, compensation, families, mental health, news, prisons, sentencing, suicide by sally

‘The family of a prisoner who killed himself after being handed a controversial “never-ending” sentence has received damages from the government in an out-of-court settlement, the Guardian has learned.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 1st, 2020 in legislation by tracey

The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 1st, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Strategic Technologies PTE Ltd v Procurement Bureau of the Republic of China Ministry of National Defence [2020] EWCA Civ 1604 (30 November 2020)

High Court (Administrative Court)

Northover v Social Work England [2020] EWHC 3259 (Admin) (30 November 2020)

Reay & Sherlock v Chief Constable of Northumbria Police [2020] EWHC 3246 (Admin) (27 November 2020)

High Court (Chancery Division)

Society of Lloyd’s, Re (Part VII of the Financial Services and Markets Act 2000) [2020] EWHC 3266 (Ch) (30 November 2020)

Jersey Choice Ltd v Her Majesty’s Treasury [2020] EWHC 3258 (Ch) (27 November 2020)

High Court (Patents Court)

Optis Cellular Technology & Ors v Apple Retail UK Ltd & Ors [2020] EWHC 3248 (Pat) (23 November 2020)

High Court (Queen’s Bench Division)

Nash v Hertfordshire County Council [2020] EWHC 3247 (QB) (30 November 2020)

Source: www.bailii.org