Rape victims in England and Wales to give video evidence to boost convictions – The Guardian

‘Rape victims in England and Wales will be able to provide their evidence on video prior to a trial to help improve conviction rates, it is understood.’

Full Story

The Guardian, 17th May 2021

Source: www.theguardian.com

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Tooth [2021] UKSC 17 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning issues surrounding the Taxes Management Act 1970.’

Full Story

UKSC Blog, 14th May 2021

Source: ukscblog.com

Barrister reprimanded for talking to lay opponent without their lawyer – Legal Futures

‘A barrister whose actions in speaking to the opposing lay client in the absence of their lawyer led a court to adjourn a hearing has been sanctioned by a disciplinary tribunal.’

Full Story

Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

Online safety bill ‘will fail to protect millions from cloned websites and ad scams’ – The Guardian

‘The UK government’s online safety bill will “fail to protect millions” by leaving people at risk of falling victim to cloned websites and adverts paid for by fraudsters, experts warned this week.’

Full Story

The Guardian, 15th May 2021

Source: www.theguardian.com

Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others – Nearly Legal

‘Mrs Nur lives with her 3 adult daughters, including her daughter Zakiya Abudlahi, who has cerebral palsy and learning difficulties and for whom Mrs Nur is a full time carer. Mrs Nur and Zakiya were living in the PRS when they registered on Birmingham Council’s Housing List in August 2011. In late 2018 Mrs Nur’s landlord sought possession and an order for possession was made on 12 November 2018. The Council accepted they had a homelessness duty towards the family on 22 November and they were granted a tenancy of a house owned by the Council at 89 Jervoise Road. Mrs Nur received that property following a homelessness offer, rather than as an allocation under the scheme.’

Full Story

Nearly Legal, 16th May 2021

Source: nearlylegal.co.uk

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

Full Story

UKSC Blog, 14th May 2021

Source: ukscblog.com

Buckland wants “most accessible justice system in the world” – Litigation Futures

Posted May 17th, 2021 in dispute resolution, jurisdiction, Ministry of Justice, news by sally

‘Lord Chancellor Robert Buckland declared yesterday that he aims to deliver a justice system across the UK “that is more accessible than any other jurisdiction on this planet”.’

Full Story

Litigation Futures, 14th May 2021

Source: www.litigationfutures.com

Keelan Wilson: Four jailed for Wolverhampton teen’s gang murder – BBC News

Posted May 17th, 2021 in gangs, imprisonment, murder, news, sentencing, young offenders, young persons by sally

‘Four men who murdered a teenager in a “well-planned execution” metres from his home have been jailed for life.’

Full Story

BBC News, 15th May 2021

Source: www.bbc.co.uk

Torture victims kept in solitary by Home Office for up to a year – The Guardian

‘The Home Office has pursued a policy of psychological brutality by locking up scores of torture survivors in solitary confinement for indefinite periods, according to fresh testimony from immigration detainees.’

Full Story

The Guardian, 15th May 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 15th, 2021 in legislation by tracey

The School Information (England) (Amendment) Regulations 2021

The Clergy Discipline (Amendment) Rules 2021

The Payments to the Churches Conservation Trust Order 2021

The Legislative Reform (Church of England Pensions) Order 2021

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

The Health Protection (Coronavirus, Restrictions) (Steps and Other Provisions) (England) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 15th, 2021 in law reports by tracey

Supreme Court

Hurstwood Properties (A) Ltd & Ors v Rossendale Borough Council & Anor [2021] UKSC 16 (14 May 2021)

Fylde Coast Farms Ltd, R (on the application of) v Fylde Borough Council [2021] UKSC 18 (14 May 2021)

Revenue and Customs v Tooth [2021] UKSC 17 (14 May 2021)

Her Majesty’s Attorney General v Crosland [2021] UKSC 15 (10 May 2021)

Court of Appeal (Civil Division)

TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors [2021] EWCA Civ 688 (14 May 2021)

Sivier v Riley [2021] EWCA Civ 713 (14 May 2021)

Ward & Ors v Savill [2021] EWCA Civ 1378 (14 May 2021)

Alta Trading UK Ltd v Bosworth [2021] EWCA Civ 687 (14 May 2021)

Facebook, Inc. & Anor v The Competition And Markets Authority [2021] EWCA Civ 701 (13 May 2021)

Potanina v Potanin (Rev 1) [2021] EWCA Civ 702 (13 May 2021)

Akter, R (On the Application Of) v Secretary of State for the Home Department [2021] EWCA Civ 704 (13 May 2021)

Court of Appeal (Criminal Division)

Baldwin, R. v [2021] EWCA Crim 703 (14 May 2021)

AB, R. v [2021] EWCA Crim 692 (14 May 2021)

Bolton, R. v [2021] EWCA Crim 689 (13 May 2021)

High Court (Administrative Court)

Tabuncic & Anor v Government of Moldova [2021] EWHC 1269 (Admin) (14 May 2021)

MA, R (On the Application Of) v Secretary of State for Justice & Ors [2021] EWHC 1266 (Admin) (14 May 2021)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2021] EWHC 1288 (Admin) (14 May 2021)

Killoran v Investigative Judge, Antwerp Court of First Instance, Belgium [2021] EWHC 1257 (Admin) (13 May 2021)

Arman & Anor, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1217 (Admin) (13 May 2021)

High Court (Chancery Division)

ALL Scheme Ltd, Re (Companies Act 2006) [2021] EWHC 1002 (Ch) (14 May 2021)

High Court (Commercial Court)

VTB Bank PJSC v Firtash [2021] EWHC 1203 (Comm) (14 May 2021)

High Court (Family Division)

London Borough of Barnet v AG & Ors [2021] EWHC 1253 (Fam) (13 May 2021)

High Court (Queen’s Bench Division)

Sparkes v London Pension Funds Authority & Anor [2021] EWHC 1265 (QB) (14 May 2021)

Rayner v Barnet, Enfield and Haringey Mental Health NHS Trust [2021] EWHC 1263 (QB) (14 May 2021)

Ingeus UK Ltd v Wardle [2021] EWHC 1268 (QB) (14 May 2021)

Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co [2021] EWHC 1205 (QB) (13 May 2021)

Source: www.bailii.org

Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers

‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’

Full Story

St Philips Barristers, 13th May 2021

Source: st-philips.com

Defensive Advising Strategies 1: What you learn from practising in the field of professional negligence – Wilberforce Chambers

‘Relatively speaking, barristers usually have rather broad practices. Even if (like me) a significant part of their practice is concerned with advisory work and drafting, barristers are often also engaged on various litigious matters relating to their underlying area of expertise, including professional negligence claims. By contrast, despite exposure to a variety of areas of practice whilst training, the organisation of many firms of solicitors can often have the effect that private client solicitors know little of litigation. For example, I once saw a draft witness statement prepared by a private client solicitor, where the parties in the heading were referred to separately in each capacity – as with a deed. And it is particularly problematic that private client lawyers often do not know very much about the field of professional negligence.’

Full Story

Wilberforce Chambers, 13th May 2021

Source: www.wilberforce.co.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

Full Story

Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

Applications for review in Special Educational Needs Cases – Local Government Lawyer

‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’

Full Story

Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

Lies and Lucas in the Family Court – Local Government Lawyer

‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’

Full Story

Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

SRA and BSB change approaches to gender in diversity surveys – Legal Futures

‘Both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) are this year changing their approach to recording the sex and gender of those they regulate, it has emerged.’

Full Story

Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

UK Immigration Rough Sleeper Rule – Family Law

‘The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.’

Full Story

Family Law, 11th May 2021

Source: www.familylaw.co.uk

CPS review findings for first year of coronavirus prosecutions – Crown Prosecution Service

‘The CPS has now reviewed a full year’s worth of cases charged under the coronavirus legislation, as part of our commitment to ensuring the laws are being applied consistently and correctly. Prosecutors checked 1,821 finalised cases under the Coronavirus Act and Health Protection Regulations between 26 March 2020 and 31 March 2021.’

Full Story

Crown Prosecution Service, 13th May 2021

Source: www.cps.gov.uk

Buckland urged to retain choice for court-assessed legal aid bills – Law Society’s Gazette

Posted May 14th, 2021 in consultations, costs, Law Society, legal aid, Ministry of Justice, news by tracey

‘The Ministry of Justice has been urged not to bring court-assessed civil legal aid bills in-house amid impartiality and transparency concerns as well as the impact on an already-dwindling supplier base.’

Full Story

Law Society's Gazette, 13th May 2021

Source: www.lawgazette.co.uk