Court of Appeal Guidance on Credit for Guilty Plea Indications – 25 Bedford Row

Posted June 24th, 2021 in chambers articles, guilty pleas, news, sentencing by sally

‘This article reviews the Court of Appeal case of R v Plaku [2021] EWCA 568 which provides guidance concerning credit for guilty plea indications.’

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25 Bedford Row, 2nd June 2021

Source: www.25bedfordrow.com

Maya Forstater v CGD Europe and Others – No. 5 Chambers

‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

The meaning of the term “associated person”- s.62 (3) of the Family Law Act 1996 – Becket Chambers

‘Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)?’

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Becket Chambers, 17th June 2021

Source: becket-chambers.co.uk

UK leads the way as class actions surge across Europe – Litigation Futures

Posted June 24th, 2021 in class actions, EC law, news, statistics by sally

‘A record number of class actions has been filed across Europe in recent years, with more than half of them brought in the UK, according to new research.’

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Litigation Futures, 23rd June 2021

Source: www.litigationfutures.com

R (Morahan) v HM Coroner for West London [2021] EWHC 1603 (Admin) – Inquests and Inquiries Law Blog

Posted June 24th, 2021 in coroners, human rights, inquests, mental health, news by sally

‘In this article, Ed Ramsay discusses the recent case of Morahan, which deals with the issue of when the enhanced investigative duty under Article 2 of the ECHR will be automatically engaged in an inquest.’

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Inquests and Inquiries Law Blog, 22nd June 2021

Source: inquestsandinquirieslawblog.com

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 21st June 2021

Source: www.4-5.co.uk

Knife, Stone, Paper – Stephen Sedley – London Review of Books

‘Working​ in 2010 on a knotty judgment about the power of the home secretary to include additional criteria in immigration rules that she had previously laid before Parliament as required by statute, something clicked in my memory. Four centuries earlier, in 1611, in a decision known as the Case of Proclamations, it had been ruled that “the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm … The King hath no prerogative, but that which the law of the land allows him.” It gave a key to the question, since immigration rules are made, without need of statutory authority, under the prerogative power to control entry into the realm, a power which is itself part of the common law and subject to its constraints. It was so when Elizabeth I’s autocratic successor, James I and VI, wanted to rule by proclamation; it was so in 2010 when Theresa May wanted to use the royal prerogative to bypass Parliament; it was still so in 2017 when it was proposed that the UK leave the EU by ministerial fiat rather than parliamentary authority, and again in 2019 when Elizabeth II was required by Boris Johnson to prorogue Parliament for no recognised reason.’

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London Review of Books, 1st July 2021

Source: www.lrb.co.uk

European Court of Human Rights orders UK Government to pay €84k to social worker criticised by Family Court judge – Local Government Lawyer

‘The European Court of Human Rights has ordered the Government to pay €24,000 for non-pecuniary damage and €60,000 in legal costs to a social worker who was accused of professional misconduct by a Family Court judge in the course of a fact-finding hearing.’

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Local Government Lawyer, 23rd June 2021

Source: www.localgovernmentlawyer.co.uk

The role of the surveyor-expert and their evidence in litigation – Falcon Chambers

Posted June 24th, 2021 in chambers articles, evidence, expert witnesses, news, valuation by sally

‘This article considers how the duties imposed on expert witnesses impact upon the functions of expert surveyors giving valuation evidence tendered in Court and in the Upper Tribunal. We will refer to all tribunals as “the Court” by way of shorthand.’

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Falcon Chambers, 8th June 2021

Source: www.falcon-chambers.com

TCC debars Defendant during trial from relying on its three technical expert reports following numerous breaches of CPR Part 35 – Henderson Chambers

‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’

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Henderson Chambers, 4th June 2021

Source: www.hendersonchambers.co.uk

UK to ban junk food advertising online and before 9pm on TV from 2023 – The Guardian

Posted June 24th, 2021 in advertising, children, food, health, media, news by sally

‘The government is poised to announce a ban on junk food advertising online and before 9pm on TV from 2023, as Boris Johnson looks to deliver on his pledge to tackle the UK’s growing obesity crisis.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

UK man jailed for sharing extremist videos, including Christchurch attack – The Guardian

Posted June 24th, 2021 in hate crime, internet, news, sentencing, terrorism, video recordings by sally

‘A British man has been jailed for terrorism offences after sharing explosives manuals and extremist videos, including one apparently celebrating the New Zealand mosque massacres, on rightwing chat groups.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Judge quashes decision by council to grant planning permission for conversion of pub to residential dwelling over public sector equality duty failings – Local Government Lawyer

‘Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

‘Teflon’ claim Durham Police officer jailed for sex attacks – BBC News

Posted June 24th, 2021 in assault, news, police, sentencing, sexual offences by sally

‘A former police officer who claimed he was “Teflon” as his position of authority meant no charges could stick has been jailed for sex assaults.’

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BBC News, 23rd June 2021

Source: www.bbc.co.uk

The killing of Dalian Atkinson: trial focused on a minute of violence – The Guardian

Posted June 24th, 2021 in homicide, mental health, news, police, trials by sally

‘On his final day alive, Dalian Atkinson felt trapped. Draining physical challenges, from hypertension and kidney disease, had left him weakened and his mental health was crumbling, the jury heard.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Revise sickness policies ahead of UK winter flu – OUT-LAW.com

Posted June 24th, 2021 in coronavirus, employment, flexible working, news, sick leave, vaccination by sally

‘UK employers should revise their sickness policies before an anticipated increase in seasonal flu cases this winter to ensure lessons learned from the Covid-19 pandemic are reflected, an employment law expert has said.’

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OUT-LAW.com, 23rd June 2021

Source: www.pinsentmasons.com

What employees need to know about their rights during COVID – Oxford Human Rights Hub

Posted June 24th, 2021 in coronavirus, employment, flexible working, news, remuneration by sally

‘Since the start of the global COVID pandemic, many employees have experienced upheaval, uncertainty, and disruption within their jobs. Some employees have experienced worry about their own personal safety when they are present at their place of work. For others, being furloughed might have put their long-term career aspirations into doubt. With COVID restrictions now easing and the UK firmly following the roadmap out of lockdown, new questions are emerging about employee rights. However, it is important to remember that all employees still have significant rights during COVID.’

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Oxford Human Rights Hub, 21st June 2021

Source: ohrh.law.ox.ac.uk

Owner persuades High Court to quash general vesting declaration made by city council over empty property – Local Government Lawyer

‘The High Court has quashed a general vesting declaration (GVD) made by Birmingham City Council because of what Mr Justice Holgate called “the unusual circumstances of this case.”’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk

High court ruling on puberty blockers ‘based on partisan evidence’ – The Guardian

Posted June 24th, 2021 in children, consent, medical treatment, news, transgender persons by sally

‘A landmark judgment that children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs undermined their entitlement to make decisions for themselves and was based on “partisan expert evidence”, the court of appeal has heard.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

Signs of progress as courts support barrister’s childcare responsibilities – Legal Futures

Posted June 24th, 2021 in barristers, breastfeeding, children, courts, flexible working, news, women by sally

‘A barrister has spoken about her “really positive” recent experiences of courts accommodating “the practicalities and balancing acts being carried out by those with children”.’

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Legal Futures, 24th June 2021

Source: www.legalfutures.co.uk