Revocation of adoption orders – Local Government Lawyer

‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Court clarifies law on pharma patent claims – OUT-LAW.com

Posted September 3rd, 2021 in appeals, disclosure, intellectual property, medicines, news, patents by tracey

‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’

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OUT-LAW.com, 2nd September 2021

Source: www.pinsentmasons.com

Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog

Posted September 3rd, 2021 in construction industry, contracts, interpretation, news, warranties by tracey

‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’

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Practical Law: Construction Blog, 2nd September 2021

Source: constructionblog.practicallaw.com

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

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Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Bar to review aptitude test with just 0.7% fail rate – Law Society’s Gazette

Posted September 3rd, 2021 in barristers, consultations, legal education, news, statistics by tracey

‘The bar is considering whether to scrap a student aptitude test that weeds out fewer than 1% of candidates, after concluding that it is “not operating as an effective filter”.’

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Law Society's Gazette, 3rd September 2021

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 3rd, 2021 in legislation by tracey

SI 2021/969 – The Designation of Schools Having a Religious Character (England) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 3rd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Gwynedd Council v Barratt & Anor [2021] EWCA Civ 1322 (02 September 2021)

High Court (Chancery Division)

Serene Construction Ltd v Salata and Associates Ltd & Ors [2021] EWHC 2433 (Ch) (02 September 2021)

High Court (Queen’s Bench Division)

Secretary of State for Education v CCP Graduate School Ltd [2021] EWHC 2432 (QB) (02 September 2021)

Flowers & Ors v Centro Medico Salus Baleares SL & Anor [2021] EWHC 2437 (QB) (31 August 2021)

Source: www.bailii.org

Staying away from work because of Covid: a trap for employers? – Local Government Lawyer

‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Looked after children and secure accommodation after 9 September – Local Government lawyer

Posted September 3rd, 2021 in care homes, children, local government, news, statutory duty by tracey

‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’

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Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

A de-facto problem – Family Law

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

‘How does a jointly held property pass on death?’ – Family Law

Posted September 3rd, 2021 in housing, inheritance tax, news, succession, wills by tracey

‘When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common.’

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Family Law, 31st August 2021

Source: www.familylaw.co.uk

‘I’m still traumatised’: UK music industry blighted by sexual harassment and abuse, report finds – The Independent

‘A damning new report has highlighted the ongoing prevalence of sexual harassment and abuse in the music industry, as the UK begins to see the return of live music.’

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The Independent, 3rd September 2021

Source: www.independent.co.uk

Man guilty over abusive emails sent to Starmer and Thornberry – BBC News

Posted September 3rd, 2021 in electronic mail, harassment, housing, local government, news, political parties by tracey

‘A man who sent dozens of abusive and threatening emails to Sir Keir Starmer and Emily Thornberry has been found guilty of harassment.’

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BBC News, 2nd September 2021

Source: www.bbc.co.uk

‘Please save us’: UK ministers facing legal challenge over failure to help female MP and judge trapped in Kabul – The Independent

Posted September 3rd, 2021 in Afghanistan, asylum, government departments, immigration, judges, news, visas, women by tracey

‘The UK government is facing legal action over its failure to respond to requests for help from a progressive female Afghan MP and a leading woman judge who are both in hiding in Afghanistan and fearing for their lives.’

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The Independent, 3rd September 2021

Source: www.independent.co.uk

Call for sentence review after neo-Nazi told to read classic literature – The Guardian

Posted September 3rd, 2021 in attorney general, news, sentencing, suspended sentences, terrorism by tracey

‘The attorney general’s office has been asked to review whether an unduly lenient sentence was handed to a neo-Nazi who was ordered to read classic literature such as Pride and Prejudice. Ben John, who was convicted of a terror offence after downloading almost 70,000 white supremacist documents and bomb-making instructions, received a suspended prison term on Tuesday.’

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The Guardian, 2nd September 2021

Source: www.theguardian.com

Possession of laughing gas could become a criminal offence, Priti Patel says – The Independent

‘Priti Patel has announced that the Home Office is seeking advice on whether to criminalise the possession of laughing gas.’

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The Independent, 3rd September 2021

Source: www.independent.co.uk

Pet theft taskforce report – Home Office

Posted September 3rd, 2021 in animals, government departments, press releases, reports, theft by tracey

‘This report sets out the findings of the taskforce and the recommendations that the government will be taking forward to tackle the issue of pet theft.’

Full press release

Home Office, 3rd September 2021

Source: www.gov.uk/home-office

Millions of children in religious groups in England and Wales vulnerable to abuse – The Guardian

‘Children involved in religious organisations, including Sunday schools and madrasas, are vulnerable to sexual abuse in cultures where victim blaming, abuse of power and mistrust of external authorities are common, a report says. The Independent Inquiry into Child Sexual Abuse (IICSA) said there was “no doubt that the sexual abuse of children takes place in a broad range of religious settings”. It found evidence of “egregious failings” and highlighted the hypocrisy of religions that purport to teach right from wrong, yet fail to protect children.’

Full report

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The Guardian, 2nd September 2021

Source: www.theguardian.com

Research Briefing: Regulating electric scooters (e-scooters) – House of Commons Library

Posted September 3rd, 2021 in motorcycles, news, parliament, regulations, road safety, road traffic, roads by tracey

‘This briefing paper provides an overview of the existing legal framework for electric scooters (e-scooters). It also analyses the arguments for and against legalising e-scooters on UK roads, drawing on the limited evidence from other countries and cities that have sanctioned their use.’

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House of Commons Library, 1st September 2021

Source: commonslibrary.parliament.uk

Ofcom accused of institutional racism over Dispatches Traveller episode – The Guardian

Posted September 2nd, 2021 in codes of practice, complaints, media, news, racism, travellers by sally

‘The Gypsy, Roma and Traveller (GRT) community has accused Ofcom of institutional racism over a decision to clear a controversial Channel 4 documentary about Traveller crime.’

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The Guardian, 1st September 2021

Source: www.theguardian.com