Police won’t be prosecuted over WhatsApp remarks about black actor – The Guardian

‘The Crown Prosecution Service has decided not to prosecute three police officers for allegedly racist remarks about a black British actor.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

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UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders – Local Government Lawyer

‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Senior solicitor wins libel claim over misconduct allegations – Legal Futures

Posted March 3rd, 2021 in damages, defamation, news, professional conduct, solicitors by sally

‘A senior solicitor at the Environment Agency has won his libel action against the owners of a garden centre business who accused him of professional misconduct in prosecuting one of them.’

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Legal Futures, 3rd March 2021

Source: www.legalfutures.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Police watchdog says Mohamud Hassan may have been injured during disturbance at home – The Guardian

‘The police watchdog investigating the arrest of a man who died suddenly after being released from custody, have indicated he could have suffered injuries during a large disturbance at his home the night before his death.’

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The Guardian, 2nd March 2021

Source: www.theguardian.com

Barrister tells of racial abuse on bus amid warnings pandemic is fuelling hatred – Daily Telegraph

‘People from Muslim backgrounds have become targets during the pandemic due to the “rabbit holes” of online conspiracies, campaigners have said as a barrister spoke out about a hate crime.’

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Daily Telegraph, 2nd March 2021

Source: www.telegraph.co.uk

Bar Council chair rejects challenge from Twitter row barrister – Legal Futures

‘The chair of the Bar Council has dismissed as nonsense the suggestion that it had to publicly support the barrister at the centre of a racism row over his comments on Twitter.’

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Legal Futures, 3rd March 2021

Source: www.legalfutures.co.uk

Sutton Coldfield pharmacist jailed over £1m black market pills sale – BBC News

‘A pharmacist who illegally sold addictive prescription pills valued at more than £1m on the black market has been jailed for 12 months.’

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BBC News, 2nd March 2021

Source: www.bbc.co.uk

Criminals escaping justice as victims drop court cases due to delays, watchdog warns – The Independent

‘Rapists and other serious criminals are walking free because victims are dropping court cases because of delays, a watchdog has warned.’

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The Independent, 2nd March 2021

Source: www.independent.co.uk

UK failed to inform EU countries about almost 200 killers and rapists – The Guardian

‘The conviction of 109 killers, 81 rapists and a man found guilty of both crimes in UK courts was not passed on to the criminals’ home EU countries due to a massive computer failure and subsequent cover-up, the Guardian can reveal.’

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The Guardian, 2nd March 2021

Source: www.theguardian.com

BAILII: Recent Decisions

Posted March 3rd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Basma v Manchester University Hospitals NHS Foundation Trust & Anor [2021] EWCA Civ 278 (02 March 2021)

High Court (Administrative Court)

Reddy v General Medical Council [2021] EWHC 435 (Admin) (02 March 2021)

Khan v General Medical Council (Rev 1) [2021] EWHC 374 (Admin) (02 March 2021)

High Court (Chancery Division)

Permavent Ltd & Anor v Makin [2021] EWHC 467 (Ch) (02 March 2021)

High Court (Queen’s Bench Division)

The Lord Chancellor (as Successor to the Legal Services Comission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor [2021] EWHC 413 (QB) (01 March 2021)

Credit Capital Corporation Ltd v Watson [2021] EWHC 466 (QB) (02 March 2021)

Source: www.bailii.org

New Acts – legislation.gov.uk

Ministerial and other Maternity Allowances Act 2021

Covert Human Intelligence Sources (Criminal Conduct) Act 2021

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 3rd, 2021 in legislation by tracey

The School Discipline (Pupil Exclusions and Reviews) (England) (Coronavirus) (Amendment) Regulations 2021

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 9) Regulations 2021

The UK Property Rich Collective Investment Vehicles (Amendment of the Taxation of Chargeable Gains Act 1992) Regulations 2021

The Approved Country Lists (Animals and Animal Products) (Amendment) Regulations 2021

The Employment Rights (Increase of Limits) Order 2021

The Oil and Gas Authority (Levy and Fees) Regulations 2021

The Mandatory Travel Concession (England) (Amendment) Regulations 2021

The Major Sporting Events (Income Tax Exemption) Regulations 2021

The Antique Firearms Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 2nd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Ratcliffe v Ratcliffe [2021] EWCA Civ 247 (01 March 2021)

Manek & Ors v IIFL Wealth (UK) Ltd & Ors [2021] EWCA Civ 264 (01 March 2021)

High Court (Administrative Court)

Achina v General Pharmaceutical Council [2021] EWHC 415 (Admin) (01 March 2021)

A And B (Minors: placement, faith) [2021] EWHC 455 (Admin) (01 March 2021)

High Court (Chancery Division)

Port Finance Investment Ltd, Re [2021] EWHC 454 (Ch) (01 March 2021)

PetroSaudi Oil Services (Venezuela) Ltd v Clyde & Co LLP [2021] EWHC 444 (Ch) (26 February 2021)

High Court (Queen’s Bench Division)

Junejo v New Vision TV Ltd [2021] EWHC 449 (QB) (01 March 2021)

Source: www.bailii.org

Regulation is not an À la Carte menu: insights from the Uber judgment – by Valerio De Stefano – UK Labour Law

‘If we had to pick one among the many enlightening statements from the UK Supreme Court’s judgment in Uber, it would be this. It perfectly captures both the gist of the case at hand and the substance of the whole global debate on platform work. From the outset, the narrative driven by platforms was based on the notion that they were something entirely new in our societies. They were introducing entirely novel work models, made possible by technology, which could not be subject to the same regulation that traditional businesses had to observe. Their business model was not compatible with existing labour protection systems, and they would be instead the best positioned to determine which kind of protection they could grant to workers (only – they would not call them “workers”, but “drivers”, “partners”, “taskers”, “riders”, etc.).’

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UK Labour Law, 2nd March 2021

Source: uklabourlawblog.com

Case Comment: T W Logistics Ltd v Essex County Council & another [2021] UKSC 4 – UKSC Blog

Posted March 2nd, 2021 in commons, harbours, land registration, news, Supreme Court by sally

‘In this post, Jessica Eaton, who is a trainee solicitor at CMS, comments on the unanimous decision handed down in February 2021 by the UK Supreme Court in the case of TW Logistics Ltd v Essex County Council and Anor [2021] UKSC 4.’

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UKSC Blog, 2nd March 2021

Source: ukscblog.com

Injured off-road victims ‘sacrificed at hands of Brexit’, say lawyers – Law Society’s Gazette

Posted March 2nd, 2021 in agriculture, brexit, insurance, motorcycles, news, personal injuries, sport by sally

‘Personal injury lawyers have warned that the UK government’s decision to ditch a European ruling on private land vehicles risks sacrificing the rights of injured people “in the name of Brexit”.’

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Law Society's Gazette, 1st March 2021

Source: www.lawgazette.co.uk

Jack Barnes: ‘I can’t breathe’ death reviewed three times – BBC News

Posted March 2nd, 2021 in inquests, news, prosecutions, restraint, unlawful killing by sally

‘No-one was prosecuted over the death of a man who was restrained in the street by public transport workers despite the case being reviewed three times.’

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BBC News, 1st March 2021

Source: www.bbc.co.uk