Drill and rap music on trial – BBC News

Posted January 13th, 2021 in artistic works, gangs, homicide, murder, news, violence by sally

‘Drill music has captured headlines since it started to emerge in the UK in 2012. With its often provocative lyrics, it’s been blamed by police for fuelling violence.’

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BBC News, 13th January 2021

Source: www.bbc.co.uk

‘Child spies’ bill could face Lords defeat as Tory peers rebel – The Guardian

‘Tory peers, bishops and crossbenchers could inflict defeat on the government after an outcry over new guidance which allows state agencies to use children as undercover spies as part of the government’s covert intelligence bill.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Criminal solicitors body warns members it is not safe to attend Magistrates’ courts – Local Government Lawyer

‘The London Criminal Courts Solicitors’ Association (LCCSA) has advised its members that it is not safe to continue to attend Magistrates’ courts.’

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Local Government Lawyer, 12th January 2021

Source: www.localgovernmentlawyer.co.uk

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

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Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted January 13th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Paul Newman New Homes Ltd v Secretary of State for Housing, Communities And Local Government [2021] EWCA Civ 15 (12 January 2021)

Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021)

High Court (Administrative Court)

Commissioner of Police of the Metropolis v Meekey [2021] EWHC 34 (Admin) (12 January 2021)

Davies v Greene [2021] EWHC 38 (Admin) (12 January 2021)

Aviva Insurance Ltd & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions [2021] EWHC 30 (Admin) (12 January 2021)

High Court (Chancery Division)

Richards v Harvey [2021] EWHC 21 (Ch) (12 January 2021)

Percy v White & Anor [2021] EWHC 22 (Ch) (12 January 2021)

Source: www.bailii.org

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Abuse of Process – Credit hire brought outside of the MOJ portal – Poku v Abedin – Park Square Barristers

Posted January 13th, 2021 in abuse of process, appeals, chambers articles, damages, news, personal injuries by sally

‘This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for credit hire was struck out on the grounds that the claim was as an abuse of process. The Claimant had previously raised and settled a personal injury claim through the RTA Portal not including the credit hire charges. The appeal was heard on the 8th October 2020 before Her Honour Judge Backhouse sitting in the RCJ.’

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Park Square Barristers, 6th January 2021

Source: www.parksquarebarristers.co.uk

Covid: Couple fined for seven-mile trip to care home – BBC News

Posted January 13th, 2021 in care homes, coronavirus, enforcement, families, fines, freedom of movement, news, police by sally

‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

Credit where credit’s due? A ‘likely’ story – Carmelite Chambers

‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

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Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Work Rights in the Nursery: Au pairs entitled to the NMW (but in respect of which hours?) – Littleton Chambers

Posted January 12th, 2021 in EC law, employment tribunals, equal pay, minimum wage, news, women, working time by sally

‘The employment tribunal has disapplied the “family worker” exemption, in effect holding that au pairs and other domestic workers who live in the home are entitled to the protections of the National Minimum Wage (“NMW”) regime. If this tribunal decision stands, it gives rise to another significant question: which hours should count towards the NMW for domestic workers?’

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Littleton Chambers, 4th January 2021

Source: littletonchambers.com

Anonymous witness evidence and the right to a fair trial – Carmelite Chambers

Posted January 12th, 2021 in anonymity, criminal procedure, evidence, news, witnesses by sally

‘Anonymous witness orders are most commonly sought by the prosecution in cases involving undercover police officers. There are outliers however, cases of complexity that call for closer attention, particularly those involving allegations or fears of witness intimidation.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers

Posted January 12th, 2021 in divorce, foreign jurisdictions, marriage, news, service, time limits by sally

‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’

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Pump Court Chambers, 8th January 2021

Source: www.pumpcourtchambers.com

Council provided “object lesson” in how not to respond to JR – Litigation Futures

Posted January 12th, 2021 in disabled persons, housing, judicial review, local government, news by sally

‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’

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Litigation Futures, 12th January 2021

Source: www.litigationfutures.com

Ep 134: The Most Significant Cases Of 2020 – Law Pod UK

Posted January 12th, 2021 in news, podcasts by sally

‘In Episode 134, Emma-Louise Fenelon speaks to Jon Metzer and Michael Spencer about the most significant cases of a most bewildering year.’

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Law Pod UK, 11th January 2021

Source: audioboom.com

Supreme Court lowers the bar – Law Society’s Gazette

‘On 11 December, in a long-awaited judgment (and in perhaps unique circumstances), the Supreme Court dismissed Mastercard’s appeal in the “gargantuan” collective action brought by Walter Merricks CBE. In doing so, the court has markedly lowered the bar to be applied at the certification stage for competition collective actions. This judgment will have a significant impact on collective actions – which are still in their relative infancy – for years to come. Merricks’ claim will now return to the Competition Appeal Tribunal (CAT), which will decide again (now with clear guidance from the Supreme Court) whether to certify the claim by granting a collective proceedings order (CPO).’

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Law Society's Gazette, 11th January 2021

Source: www.lawgazette.co.uk

The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other

‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’

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Each Other, 12th January 2021

Source: eachother.org.uk

David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association

Posted January 12th, 2021 in brexit, EC law, judiciary, news, practice directions, precedent, Supreme Court by sally

‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’

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UK Constitutional Law Association, 11th January 2021

Source: ukconstitutionallaw.org

High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire – Local Government Lawyer

Posted January 12th, 2021 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.’

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Local Government Lawyer, 11th January 2021

Source: www.localgovernmentlawyer.co.uk

Errol Graham: Starved man’s family take benefits case to court – BBC News

‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk