R v R [2021] EWCA Crim 35 – Broadway House Chambers

Posted February 18th, 2021 in human rights, news, notification, statutory interpretation, terrorism by sally

‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’

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Broadway House Chambers, 17th February 2021

Source: broadwayhouse.co.uk

Litigants baffled as civil procedure rules move to new site – Law Society’s Gazette

‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 18th, 2021 in autism, children, local government, mental health, news, social services by sally

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

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

Sacked LGBT veterans can reclaim removed medals – BBC News

Posted February 16th, 2021 in armed forces, dismissal, homosexuality, news by sally

‘Ex-military personnel dismissed from the armed forces because of their sexuality can now reclaim lost medals.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

Time to consider regulating lawtech firms, report says – Legal Futures

‘The time has come for the Ministry of Justice (MoJ) to consider whether lawtech companies, along with other unregulated legal services providers, should be regulated, the Association of Consumer Support Organisations (ACSO) has said.’

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Legal Futures, 16th February 2021

Source: www.legalfutures.co.uk

UK’s first football hate crime officer turns focus on social media – The Guardian

Posted February 16th, 2021 in hate crime, internet, news, police, prosecutions, racism by sally

‘Since starting his role as the UK’s first football hate crime officer earlier this month, PC Stuart Ward has been busier than expected, considering football fans are banned from stadiums as part of the coronavirus lockdown.’

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The Guardian, 15th February 2021

Source: www.theguardian.com

Local Authority and Children’s Guardian fail in appeal against judge’s refusal to support a plan of adoption for children aged 2 and 3: T and R (Refusal of Placement Order) [2021] EWCA Civ 71 – Transparency Project

‘T & R involved an appeal against a decision to refuse to approve a plan of adoption in respect of two children, T (a 3 year old boy) and R (a 2 year old girl) and accordingly, refuse to make placement orders.’

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Transparency Project, 15th February 2021

Source: www.transparencyproject.org.uk