Christopher Kapessa: Family wins legal bid to review decision not to prosecute teen over river death – The Independent

‘The family of 13-year-old Christopher Kapessa, who died after being pushed into the River Cynon in South Wales in July 2019, have won a High Court bid for a review of the decision not to prosecute the teenager accused of being responsible.’

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The Independent, 11th June 2021

Source: www.independent.co.uk

Fishmongers’ Hall terrorist Usman Khan was lawfully killed, inquest jury finds – The Guardian

Posted June 11th, 2021 in inquests, news, police, terrorism by tracey

‘Usman Khan, a convicted terrorist, was lawfully killed on London Bridge by armed police after stabbing two people at a prisoner rehabilitation event while wearing a fake suicide belt, an inquest jury has concluded.’

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The Guardian, 10th June 2021

Source: www.theguardian.com

Deepcut: Fifth Army recruit died at barracks – BBC News

Posted June 11th, 2021 in armed forces, harassment, inquests, news, suicide by tracey

‘A fifth soldier died at an Army base where four recruits were found dead between 1995 and 2002, it has emerged.’

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BBC News, 11th June 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 10th, 2021 in law reports by tracey

High Court (Commercial Court)

STA v OFY [2021] EWHC 1574 (Comm) (08 June 2021)

High Court (Technology and Construction Court)

The Good Law Project, R (on the application of) v Minister for the Cabinet Office & Anor [2021] EWHC 1569 (TCC) (09 June 2021)

Source: www.bailii.org

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Driver sacked for drinking in club while sick wins tribunal – BBC News

Posted June 10th, 2021 in disciplinary procedures, news, unfair dismissal by sally

‘A driver who was sacked after he was seen drinking in a social club while off work through illness has won his case at an employment tribunal.’

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BBC News, 9th June 2021

Source: www.bbc.co.uk

Documents privileged despite ‘element of deception’ – Law Society’s Gazette

Posted June 10th, 2021 in disclosure, documents, misrepresentation, negligence, news, privilege by sally

‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’

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Law Society's Gazette, 9th June 2021

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 10th, 2021 in legislation by tracey

The Health Protection (Coronavirus, Testing Requirements and Standards) (England) (Amendment) Regulations 2021

The Official Controls (Temporary Measures) (Coronavirus) (Amendment) (No. 2) Regulations 2021

The Hydrocarbon Oil Duties (Reliefs for Electricity Generation) (Amendment and Modification) Regulations 2021

The Climate Change Levy (General) (Amendment and Modification) Regulations 2021

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2021

The Customs (Declaration Modification) Regulations 2021

The Overseas Operations (Service Personnel and Veterans) Act 2021 (Commencement) Regulations 2021

Source: www.legislation.gov.uk

Court sanctions Part 26A restructuring plan – Mills & Reeve

‘The court considered whether it could make an order sanctioning a Part 26A restructuring plan (“Plan”) where the company was incorporated in England to rely on the English court’s jurisdiction to sanction a Plan.’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Lord Chancellor unveils court staff pay deal and review of his role – Legal Futures

‘The Treasury has agreed a three-year pay deal for court staff after negotiations with the Ministry of Justice (MoJ), the Lord Chancellor has announced.’

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Legal Futures, 9th June 2021

Source: www.legalfutures.co.uk

Anxious workers can wear headphones after discrimination ruling – Daily Telegraph

‘People with anxiety should be allowed to listen to music as they work, an employment tribunal has ruled.’

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Daily Telegraph, 10th June 2021

Source: www.telegraph.co.uk

Siblings who fatally force-fed man as he slept on train jailed for manslaughter – BBC News

Posted June 10th, 2021 in homicide, news, sentencing by sally

‘Two siblings who force-fed kebab meat to an “intoxicated” man as he slept on a train, causing his death, have been jailed for manslaughter.’

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BBC News, 9th June 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 9th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

EMFC Loan Syndications LLP v The Resort Group Plc [2021] EWCA Civ 844 (08 June 2021)

High Court (Administrative Court)

Gordon, Recommendation to the Secretary of State for Justice [2021] EWHC 1423 (Admin) (09 June 2021)

Akinsanya, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) [2021] EWHC 1535 (Admin) (09 June 2021)

Newley v General Medical Council [2021] EWHC 1538 (Admin) (08 June 2021)

Prosecutor At the Tribunal Judiciaire De Rennes, France v Bazlah [2021] EWHC 1507 (Admin) (08 June 2021)

High Court (Chancery Division)

Canary Riverside Estate Management Ltd & Ors v Coates [2021] EWHC 1505 (Ch) (08 June 2021)

DTEK Energy BV, Re [2021] EWHC 1551 (Ch) (08 June 2021)

La Cotte Consulting Ltd v Sovereign Steel Stockholders (a firm) & Ors [2021] EWHC 1517 (Ch) (08 June 2021)

Hyde & Ors (Joint Administrators of Betindex Ltd), Re [2021] EWHC 1542 (Ch) (08 June 2021)

Ahuja Investments Ltd v Victorygame Ltd & Ors [2021] EWHC 1543 (Ch) (08 June 2021)

High Court (Commercial Court)

Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 1327 (Comm) (08 June 2021)

Tugushev v Orlov & Ors [2021] EWHC 1514 (Comm) (28 May 2021)

High Court (Patents Court)

Mitsubishi Electric Corporation & Anor v Oneplus Technology (Shenzhen) Co., Ltd & Ors [2021] EWHC 1541 (Pat) (08 June 2021)

High Court (Queen’s Bench Division)

Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB) (09 June 2021)

Dulson v Popovych [2021] EWHC 1515 (QB) (08 June 2021)

High Court (Technology and Construction Court)

Shepherd Construction Ltd v Drax Power Ltd [2021] EWHC 1478 (TCC) (08 June 2021)

Source: www.bailii.org

EU Settled Status scheme – what to expect if you miss the deadline – EIN Blog

Posted June 9th, 2021 in brexit, EC law, immigration, news, visas by sally

‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’

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EIN Blog, 7th June 2021

Source: www.ein.org.uk

Tribunal judges found it “difficult to communicate” at video hearings – Litigation Futures

Posted June 9th, 2021 in coronavirus, judges, news, remote hearings, statistics, tribunals by sally

‘A major report on the impact of the pandemic on the tribunal service has found that almost a third of judges found it “difficult to communicate” at video hearings in the first few months.’

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Litigation Futures, 8th June 2021

Source: www.litigationfutures.com

PC Wayne Couzens pleads guilty to kidnap and rape of Sarah Everard – The Guardian

Posted June 9th, 2021 in guilty pleas, kidnapping, murder, news, police, rape, sexual offences by sally

‘Police constable Wayne Couzens has pleaded guilty to the kidnapping and rape of Sarah Everard, who went missing in March while walking home in south London.’

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The Guardian, 8th June 2021

Source: www.theguardian.com

How Can Respecting the Right to Religion for Prisoners Make A Real Difference? – Each Other

‘Over the past twenty years, the proportion of prisoners from religious minorities has steadily increased. EachOther asks how can listening to minority voices improve the right to religion in prisons?’

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Each Other, 8th June 2021

Source: eachother.org.uk

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Small claims court delays continue to increase – Litigation Futures

‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’

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Litigation Futures, 7th June 2021

Source: www.litigationfutures.com

Research Briefing: Land law: frequently asked questions (England & Wales) – House of Commons Library

‘This Commons briefing paper gives an overview of some commonly raised issues about land law.’

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House of Commons Library, 8th June 2021

Source: commonslibrary.parliament.uk