Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

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5SAH, 16th February 2021

Source: www.5sah.co.uk

Legal Services Board under fire for “neglecting impact of Covid” – Legal Futures

‘The Bar Council and Law Society have accused the Legal Services Board (LSB) of failing to take into account the impact of the pandemic on the profession in its latest draft strategy.’

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Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

Forensic science rationing is putting justice at risk, says outgoing regulator – The Guardian

‘Police forces are having to ration forensic toxicology work, especially samples from suspected drug drivers, because there is not enough capacity in the system to handle the volume of work, the outgoing forensic science regulator has said.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

DPP reveals concerns over age of criminal responsibility – Law Society’s Gazette

‘The director of public prosecutions has called into question the age of criminal responsibility amid fears too many children are facing adult justice.’

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Law Society's Gazette, 16th February 2021

Source: www.lawgazette.co.uk

Tribunal explains three-month suspension for “sexual touching” barrister – Legal Futures

‘The actions of a barrister suspended for three months for the “intentional sexual touching” of two junior colleagues could amount to sexual assault and unlawful harassment, a tribunal has found.’

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Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

Nuffield Family Justice Observatory to consult on use of supervision orders in care proceedings – Local Government Lawyer

‘The Nuffield Family Justice Observatory (FJO) has launched a consultation seeking views about supervision orders and their use in care proceedings.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

Abuse survivor calls for UK children born of rape to have ‘victim’ legal status – The Guardian

‘One of the survivors of the Rotherham grooming scandal has asked the government to give children born from rape legal “victim” status so they can receive specialist help and potentially prosecute their fathers.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

R (Salvato) v Secretary of State for Work and Pensions – Equality Law Blog

Posted February 17th, 2021 in benefits, children, equality, human rights, news, sex discrimination, women by sally

‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’

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Equality Law Blog, 16th February 2021

Source: equalitylawblog.com

Harvey Tyrrell death: Electrician cleared over boy’s pub garden electrocution – BBC News

‘An electrician has been cleared of killing a seven-year-old boy who was electrocuted by a set of poorly installed lights in a pub garden.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

‘It is helpful to wear the uniform’: barrister’s wig enjoys surprising popularity – The Guardian

Posted February 17th, 2021 in barristers, court dress, criminal justice, Ministry of Justice, news by sally

‘he justice secretary, Robert Buckland, is animated about the conduct of some lawyers, and what he intends to do about it. Invited by the Daily Mail this week to give his views on the immigration system, Buckland said he intended to bring in reforms to stop the public “being taken for a ride” by lawyers bringing challenges to prevent the last-minute deportation of their clients.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 17th, 2021 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 7) Regulations 2021

The Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2021

The Tax Credits, Child Benefit and Guardian’s Allowance Up-rating Regulations 2021

The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2021

The Heather and Grass etc. Burning (England) Regulations 2021

The Family Procedure (Amendment) Rules 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 17th, 2021 in law reports by tracey

Supreme Court

TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 (12 February 2021)

Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 (12 February 2021)

Court of Appeal (Civil Division)

Kalsi & Ors, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2021] EWCA Civ 184 (16 February 2021)

O (A Child : Judgment: Adequacy Of Reasons) [2021] EWCA Civ 149 (16 February 2021)

R (Children: Control of Court Documents) [2021] EWCA Civ 162 (12 February 2021)

Procter & Anor v Procter & Ors [2021] EWCA Civ 167 (12 February 2021)

High Court (Administrative Court)

Gisagara, R (On the Application Of) v The Upper Tribunal (Administrative Appeals Chamber) [2021] EWHC 300 (Admin) (16 February 2021)

Thame Town Council v Secretary of State for Housing, Communities And Local Government & Ors [2021] EWHC 291 (Admin) (16 February 2021)

AK, (A Child), R. (on the application of) v The London Borough of Islington & Anor [2021] EWHC 301 (Admin) (16 February 2021)

Lancashire County Council, R (On the Application Of) v JM & Anor [2021] EWHC 268 (Admin) (15 February 2021)

QSA & Ors, R (On the Application Of) v National Police Chiefs’ Council & Anor [2021] EWHC 272 (Admin) (12 February 2021)

Crest Nicholson Operations Ltd & Ors v West Berkshire District Council & Ors [2021] EWHC 289 (Admin) (12 February 2021)

High Court (Chancery Division)

Murphy & Anor v Munir & Ors (Re Muhammed Munir) [2021] EWHC 278 (Ch) (15 February 2021)

The Official Receiver v Atkinson & Ors [2021] EWHC 175 (Ch) (12 February 2021)

Cameron v Cameron [2021] EWHC 229 (Ch) (12 February 2021)

High Court (Commercial Court)

Republic of Sierra Leone v SL Mining Ltd [2021] EWHC 286 (Comm) (15 February 2021)

Black Sea Commodities Ltd v Lemarc Agromond Pte Ltd [2021] EWHC 287 (Comm) (15 February 2021)

Gordian Holdings Ltd v Sofroniou & Anor [2021] EWHC 235 (Comm) (12 February 2021)

High Court (Family Division)

J, K, and L (Children) (Transnational Abandonment) [2021] EWHC 280 (Fam) (12 February 2021)

High Court (Queen’s Bench Division)

Hanchard-Kerr, On the Review of the Tariff in the case of [2021] EWHC 265 (QB) (16 February 2021)

Mueen-Uddin v Secretary of State for the Home Department [2021] EWHC 269 (QB) (16 February 2021)

Moludi, On the Review of the Tariff in the case of [2021] EWHC 264 (QB) (16 February 2021)

HXA & Anor v Surrey County Council [2021] EWHC 250 (QB) (15 February 2021)

Louis v The Home Office [2021] EWHC 288 (QB) (12 February 2021)

Parris v Ajayi & Ors [2021] EWHC 285 (QB) (12 February 2021)

High Court (Technology and Construction Court)

Martlet Homes Ltd v Mulalley & Co. Ltd [2021] EWHC 296 (TCC) (16 February 2021)

Source: www.bailii.org