Government commission ignored evidence of NHS racism, says British Medical Association – The Independent

‘The British Medical Association has said the highly-contested Sewell report “ignored well-documented” evidence of structural racism. The professional body for doctors refuted the report’s overall findings and said the government-appointed Commission on Race and Ethnic Disparities (CRED) missed opportunities to identify effective solutions to tackling racial inequality.’

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The Independent, 1st July 2021

Source: www.independent.co.uk

Capacity to make decisions on care and alcohol dependency – Local Government Lawyer

‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

No more reward without risk – Local Government Lawyer

Posted July 2nd, 2021 in contracting out, local government, news, pensions, waste by tracey

‘Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.’

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Local Government Lawyer, 2nd July 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court grasps the nettle(bed) and gives lesson on sale of school land – Hardwicke Chambers

‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’

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Hardwicke Chambers, 1st July 2021

Source: hardwicke.co.uk

New world order for trusts?: The meaning of ‘prior interest’ in section 32 – Wilberforce Chambers

Posted July 2nd, 2021 in chambers articles, news, trusts by sally

‘The statutory power of advancement conferred by section 32 of the Trustee Act 1925 is a valuable tool for trustees given them as an aid to enable trust property to be used for the fullest benefit of a beneficiary with an interest in capital: see Lord Inglewood v IRC [1983] 1 WLR 366, 372–3 per Fox LJ, a judgment which contains a useful catalogue of ways in which the power has been exercised.’

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Wilberforce Chambers, 24th June 2021

Source: www.wilberforce.co.uk

CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures

‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’

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Legal Futures, 2nd July 2021

Source: www.legalfutures.co.uk

Axminster: Limitation and forfeiture revisited after Lloyds – Wilberforce Chambers

Posted July 2nd, 2021 in chambers articles, forfeiture, limitations, news, pensions, trusts by sally

‘The High Court (Morgan J.) has delivered judgment in Punter Southall Governance Services Ltd v Hazlett [2021] EWHC 1652 (Ch), concerning the Axminster Carpets Group pension plan. It is now the leading judgment on limitation in claims by pension scheme beneficiaries for arrears. It also gives key guidance on the court’s power to award interest on such claims and on the interpretation and exercise of forfeiture clauses, and makes certain findings on the scope of s.37 of the Pension Schemes Act 1993. This summary only scratches the surface of a detailed 347-paragraph judgment covering several different areas of pensions and trusts law. A more flippant title might have been: “The Axminster Carpets case: a pile of issues…”’

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Wilberforce Chambers, 24th June 2021

Source: www.wilberforce.co.uk

PC who killed Dalian Atkinson jailed – Crown Prosecution Service

‘Benjamin Monk, 43, has been sentenced to eight years in prison after being found guilty last week of killing former Aston Villa player Dalian Atkinson.’

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Crown Prosecution Service, 29th June 2021

Source: www.cps.gov.uk

36 Crime Criminal Updates – The 36 Group

‘We are grateful to the contributors to this Newsletter. Sam Skinner’s case note on the recent decision in R -v- Brecani addresses the consequence of this important shift away from accepting as expert evidence the conclusive decisions made by civil servants within the Home Office on referrals for human trafficking and modern slavery. Kate Kelleher provides a timely reminder that the provisions of the Animal Welfare (Sentencing) Act 2021 is in force from 29th June 2021 and provides a commentary on the most notable recent developments in the prosecutions of animal welfare offences. In April and May Catherine Rose and Tom Parker ran a 2-part webinar session on Open-Source Evidence with contributions from a panel of leading experts from the US and UK. Their article is just a taster of the material covered in greater depth in the sessions. A timely warning to apply the basic critical analysis we use in relation to evidence from many scientific fields to all such evidence before relying on it at face value. Mary Prior Q.C. has provided a comprehensive round up in the Crime Bulletin of all the recent decisions of importance in a broad spectrum of procedural and offence-based areas.’

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The 36 Group, 28th June 2021

Source: 36group.co.uk

Bar regulator under fire for prioritising interests of barristers – Law society’s Gazette

Posted July 2nd, 2021 in barristers, legal services, Legal Services Board, news by tracey

‘The Legal Services Board has published a withering review of the bar’s regulator, saying it places the interests of barristers ahead of the public and appears to be failing in its duty to improve access to justice.’

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Law Society's Gazette, 1st July 2021

Source: www.lawgazette.co.uk

NEWS ‘Crying in court’: Bar Council urges action on judicial bullying – Law Society’s Gazette

Posted July 2nd, 2021 in barristers, bullying, courts, diversity, equality, judges, judiciary, news by tracey

‘The Bar Council has encouraged barristers to speak up about judicial bullying, following an anecdotal rise in judges making lawyers cry in court. The representative body is due to meet with the judiciary’s equality and diversity lead this week to discuss the types of incidents involving judges that get reported and the impact they have on barristers.’

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Law Society's Gazette, 2nd July 2021

Source: www.lawgazette.co.uk

Former senior NHS Manager jailed for defrauding the taxpayer – The Independent

Posted July 2nd, 2021 in abuse of position of trust, fraud, hospitals, imprisonment, news, sentencing by tracey

‘A former senior manager for the NHS was jailed on Wednesday having defrauded hundreds of thousands of pounds from a hospital trust where he worked.’

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The Independent, 1st July 2021

Source: www.independent.co.uk

Jeremy Heywood’s widow questions Greensill inquiry chief’s independence – The Guardian

‘The widow of the man who was the UK’s top civil servant during the early years of the Greensill lobbying scandal has raised concerns over the independence of the official appointed by Boris Johnson to run an inquiry into the affair.’

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The Guardian, 1st July 2021

Source: www.theguardian.com

Three Metropolitan Police officers face gross misconduct inquiry over Bianca Williams search – The Independent

‘Three of the six police officers who stopped, searched and handcuffed athlete Bianca Williams and her partner are under investigation for gross misconduct.’

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The Independent, 2nd July 2021

Source: www.independent.co.uk

Twitter ‘troll’ to pay Stephen Nolan six-figure sum in damages – BBC News

Posted July 2nd, 2021 in BBC, damages, defamation, internet, news by tracey

‘A person who used anonymous Twitter accounts to make defamatory remarks about Stephen Nolan has apologised and agreed to pay a six-figure damages sum.’

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BBC news, 1st July 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 1st, 2021 in legislation by tracey

The Trade Remedies (Extension of Tariff Rate Quota) (EU Exit) Regulations 2021

The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021

The Markets in Financial Instruments (Capital Markets) (Amendment) Regulations 2021

The International Waste Shipments (Amendment of Regulation (EC) No 1013/2006 and 1418/2007) Regulations 2021

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) (No. 2) Order 2021

The Childcare Payments (Miscellaneous Amendment) Regulations 2021

The Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Revocations) Order 2021

Source: www.legislation.gov.uk

All about images: privacy, visuocentrism, and the Hancock affair – City Law Forum

‘On Friday 25 June 2021, British tabloid The Sun published pictures of the UK Health Secretary, Matt Hancock, kissing Gina Coladangelo in his office at the Department of Health. These pictures were, it seems, captured by a CCTV camera in the office and leaked by person(s) unknown to the newspaper. The pictures were soon joined on The Sun’s website by a video clip (seemingly from the same camera). The clip shows Hancock and Coladangelo in what might be described as a passionate embrace. The footage lasts just over one minute and remains online, including on The Sun’s Youtube channel.’

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City Law Forum, 30th June 2021

Source: blogs.city.ac.uk

Ep 146: 5 Key Medical Law Updates – Law Pod UK

Posted July 1st, 2021 in chambers articles, consumer credit, medical treatment, news, podcasts by sally

‘Emma-Louise Fenelon speaks to Richard Mumford and Rajkiran Barhey about 5 key developments in medical law.’

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Law Pod UK, 30th June 2021

Source: audioboom.com

Disabled woman begins legal action over Hampstead ponds fees – The Guardian

‘A woman who swims regularly in the Hampstead ponds is taking legal action against the City of London Corporation, claiming that the new charging regime discriminates against disabled people.’

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The Guardian, 1st July 2021

Source: www.theguardian.com

Top judges doubt whether costs budgeting works, master reveals – Law Society’s Gazette

Posted July 1st, 2021 in asbestos, budgets, costs, industrial injuries, news by sally

‘A number of judges are sceptical about the wider merits of costs budgeting, a costs judge has claimed in a new judgment.’

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Law Society's Gazette, 29th June 2021

Source: www.lawgazette.co.uk