Gosport hospital deaths: Inquiry reviews 15,000 death certificates – BBC News

Posted March 16th, 2021 in hospitals, inquests, inquiries, news by tracey

‘More than 15,000 death certificates are being examined by police investigating the deaths of patients at a hospital. An inquiry found 456 patients died after being given opiates at Gosport War Memorial Hospital between 1987 and 2001, but no charges have been brought. An independent investigation, led by Kent and Essex Serious Crime Directorate, is reviewing millions of pages of evidence.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

New safety measures after Sarah Everard death – BBC News

‘”Immediate steps” aimed at improving safety for women and girls in England have been announced by Downing Street after Sarah Everard’s death. Among them is an additional £25m for better lighting and CCTV as well as a pilot scheme which would see plain-clothes officers in pubs and clubs.’

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BBC News, 16th March 2021

Source: www.bbc.co.uk

New Statutory Instruments – legislation.gov.uk

Posted March 15th, 2021 in legislation by tracey

The Taking Control of Goods (Amendment) (Coronavirus) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 15th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Ras Al Khaimah Investment Authority v Azima [2021] EWCA Civ 349 (12 March 2021)

High Court (Administrative Court)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2021] EWHC 588 (Admin) (12 March 2021)

AIG, R (On the Application Of) v HM Courts & Tribunal Service & Anor [2021] EWHC 584 (Admin) (12 March 2021)

High Court (Chancery Division)

Howes v Howes [2021] EWHC 591 (Ch) (12 March 2021)

Rowland v Blades [2021] EWHC 426 (Ch) (12 March 2021)

JSC Commercial Bank Privatbank v Kolomoisky [2021] EWHC 580 (Ch) (12 March 2021)

High Court (Family Division)

Z (A Child), Re (2nd Judgment) (Rev 1) [2021] EWHC 559 (Fam) (11 March 2021)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor [2021] EWHC 530 (Pat) (12 March 2021)

High Court (Queen’s Bench Division)

Bodycote Heat Treatments Ltd v Vacuum and Atmosphere Services Ltd [2021] EWHC 579 (QB) (12 March 2021)

High Court (Technology and Construction Court)

Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 567 (TCC) (10 March 2021)

Anchor Hanover Group & Ors v Arcadis Consulting (UK) Ltd & Ors [2021] EWHC 543 (TCC) (09 March 2021)

Source: www.bailii.org

High Court: restructuring plans are ‘insolvency proceedings’ – OUT-LAW.com

Posted March 15th, 2021 in banking, brexit, company law, EC law, insolvency, jurisdiction, news by tracey

‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’

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OUT-LAW.com, 12th March 2021

Source: www.pinsentmasons.com

A final account problem – JSM Construction v Western Power – Practical Law: Construction Blog

‘The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996?’

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Practical Law: Construction Blog, 8th March 2021

Source: constructionblog.practicallaw.com

Mikołaj Barczentewicz: An empirical study of the gender of counsel before the UK’s highest court – UK Constitutional Law Association

‘During the live television coverage of the Supreme Court hearings in Miller (No 1), some commentators (and no doubt many members of the public) noted that almost all lawyers in the courtroom were male. That image of the UK’s “Supreme Court bar” (to borrow a US term), though not entirely accurate, highlighted an ongoing problem with gender representation. In a new study (available here), I analysed the trends of gender and seniority in counsel appearances before the House of Lords and the Supreme Court from 1970 to 2020 based on a unique dataset I created covering 5,041 lawyers and 2,714 judgments. I found that there are some very optimistic signs regarding appearances of the most junior counsel. However, gender balance among the more senior counsel is not as good and has not been clearly improving over the most recent years, which matters because counsel with more experience before the highest court dominate litigation in that court. The unprecedented representation of women among the most junior counsel in the Supreme Court gives nevertheless a reason to believe that the situation will improve also among the more senior counsel.’

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UK Constitutional Law Association , 15th March 2021

Source: ukconstitutionallaw.org

Judicial review, standing and interest in the outcome – Local Government Lawyer

Posted March 15th, 2021 in children, fraud, local government, locus standi, news, practice directions by tracey

‘A recent ruling has confirmed that applicants for judicial review must have a sufficient interest in the relief sought to have standing to bring the claim, write Sarah Salmon and Joshua Swirsky.’

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Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk

Impact on lawyers of traumatic cases “worsened by pandemic” – Legal Futures

Posted March 15th, 2021 in barristers, coronavirus, legal aid, legal profession, mental health, news, solicitors by tracey

‘Covid-19, coupled with the savage cuts in legal aid, have greatly added to the vicarious trauma suffered by social justice lawyers and other law workers from being immersed in clients’ day-to-day problems, the authors of a new book have argued.’

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Legal futures, 15th March 2021

Source: www.legalfutures.co.uk

Barder: Where are we now? – Family Law

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

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Family Law, 12th March 2021

Source: www.familylaw.co.uk

Multiple employment claims shoot up as Covid hits working conditions – Law Society’s Gazette

‘Multiple claims in the employment tribunal nearly doubled towards the end of 2020 as the effects of the pandemic took effect. Statistics published this week by the Ministry of Justice show 29,000 claims were made by more than one person based on the same set of facts in the final three months of last year. This is 82% up on the same period in 2019.’

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Law Society's Gazette, 12th March 2021

Source: www.lawgazette.co.uk

‘Unwarranted attack’ by judge on indecent assault accuser could discourage women coming forward, she claims – The Independent

Posted March 15th, 2021 in complaints, harassment, judges, news, sexual offences, women by tracey

‘A woman who accused hedge fund boss Crispin Odey of indecent assault has complained about a judge’s “unwarranted attack” on her character, according to a report.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Policing bill: What are the new powers to ‘manage’ protests? – The Independent

Posted March 15th, 2021 in bills, demonstrations, investigatory powers, news, police, sentencing by tracey

‘Governments of whatever party seem to come up with a new “law and order” bill almost every year, and these often turn into great caravans of minor legal changes, many of which are uncontroversial. The Police, Crime, Sentencing and Courts Bill, which will be debated by MPs on Monday and Tuesday, is the latest of its kind – and it has suddenly become intensely topical because of the debate over the policing of the vigil for Sarah Everard on Saturday.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Contact after Findings of Domestic Abuse – Family Law Week

‘Teena Dhanota-Jones, Consultant at Simons Muirhead Burton, analyses a recent case involving the interplay of the law on contact and Practice Direction 12J on domestic abuse.’

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Family Law Week, 10th March 2021

Source: www.familylawweek.co.uk

Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent

‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’

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The Independent, 15th March 2021

Source: www.independent.co.uk

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’

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Litigation Futures, 11th March 2021

Source: www.litigationfutures.com

Sarah Everard: Court challenge over Clapham vigil ban – BBC News

Posted March 12th, 2021 in coronavirus, demonstrations, human rights, murder, news, women by sally

‘Organisers of a vigil in response to the disappearance of Sarah Everard are going to the High Court after police said gatherings would be “unlawful”.’

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BBC News, 12th March 2021

Source: www.bbc.co.uk

Convicted robber jailed for murdering woman he met on dating site – The Guardian

Posted March 12th, 2021 in imprisonment, murder, news, recidivists, robbery, sentencing by sally

‘A convicted armed robber who strangled, battered and stabbed a woman to death after meeting her on a dating site has been sentenced to life in prison.’

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The Guardian, 11th March 2021

Source: www.theguardian.com

Stonehenge, religious manifestation and the ECHR: Halcrow – Law & Religion UK

‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’

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Law & Religion UK, 11th March 2021

Source: lawandreligionuk.com

High court rejects bid to extend UK’s EU settlement scheme – The Guardian

‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’

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The Guardian, 11th March 2021

Source: www.theguardian.com