Prisoner sentenced for further death threats to MP Jess Phillips – BBC News

‘A prisoner already convicted for sending death threats to MPs has been further sentenced for sending more to Jess Phillips.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

E v L [2021] EWFC 60 (Fam): Short Marriages, Section 25 Criteria and White Leopards Reconsidered – Becket Chambers

Posted November 2nd, 2021 in divorce, financial provision, matrimonial home, news, valuation by sally

‘The purpose of this article, is to consider the application of the section 25 criteria and in particular the issue of company valuation in the case of E v L [2021] EWFC 60, as decided by Mostyn J.’

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Becket Chambers, 29th October 2021

Source: becket-chambers.co.uk

When is an order under s48 AJA appropriate? That’s a matter of opinions – Wilberforce Chambers

Posted November 2nd, 2021 in interpretation, legal advice, news, trusts, wills by sally

‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’

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Wilberforce Chambers, 21st October 2021

Source: www.wilberforce.co.uk

Toughen up rules on ministers’ conduct, says standards watchdog – BBC News

‘The rules governing the conduct of ministers and senior civil servants need to be toughened up, according to a new report.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

Landowner jailed after breach of injunction prohibiting development in woodland – Local Government Lawyer

Posted November 2nd, 2021 in environmental protection, injunctions, news, planning, sentencing, trees by sally

‘A landowner who breached a High Court injunction preventing illegal development on woodland has been sentenced to 12 months imprisonment.’

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Local Government Lawyer, 1st November 2021

Source: www.localgovernmentlawyer.co.uk

Rachel Wilson killing: Keith Hall jailed for 2002 attack – BBC News

‘A man who got a teenage girl hooked on drugs and forced her into prostitution to fund his own habit before killing her has been jailed.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

Teenager sentenced to 24 years after double-barrelled shotgun attack – The Guardian

Posted November 2nd, 2021 in attempted murder, firearms, news, sentencing, young offenders by sally

‘A teenager who shot a 15-year-old boy in the face with a double-barrelled shotgun has been sentenced to 24 years in custody for attempted murder.’

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The Guardian, 1st November 2021

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted November 1st, 2021 in legislation by tracey

SI 2021/1210 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021

SI 2021/1207 – The Drivers’ Hours and Tachographs (Temporary Exceptions) (No. 4) Regulations 2021

SI 2021/1205 – The Customs (Import and Export Declarations By Conduct) (Amendment) Regulations 2021

SI 2021/1213 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 1st, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Partington v Rossiter [2021] EWCA Civ 1564 (29 October 2021)

SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566 (29 October 2021)

Open Rights Group & Anor, R (On the Application Of) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 1573 (29 October 2021)

High Court (Chancery Division)

Macey v Pizza Express (Restaurants) Ltd [2021] EWHC 2847 (Ch) (29 October 2021)

Wang & Ors v Otaibi & Ors [2021] EWHC 2896 (Ch) (29 October 2021)

BASF Corporation & Ors v Carpmaels And Ransford (A Firm) [2021] EWHC 2899 (Ch) (29 October 2021)

High Court (Family Division)

Kaur v Bolina & Anor [2021] EWHC 2894 (Fam) (29 October 2021)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics (UK) Ltd (T/A Viatris) & Anor [2021] EWHC 2897 (Pat) (29 October 2021)

Source: www.bailii.org

Does The Spectrum 10K Autism Study Endanger Human Rights? – Each Other

Posted November 1st, 2021 in autism, children, consent, DNA, human rights, medical ethics, mental health, news by tracey

‘Launched last month, Spectrum 10K is the UK’s largest study into autism to date. But according to campaigners, its ethics are questionable and autistic people are now calling for a boycott.’

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Each Other, 29th October 2021

Source: eachother.org.uk

Waiver and determining breach of lease – Nearly Legal

Posted November 1st, 2021 in covenants, housing, landlord & tenant, leases, news by tracey

‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Rent Repayment applications – time limits for substituting parties – Nearly Legal

Posted November 1st, 2021 in appeals, housing, jurisdiction, landlord & tenant, news, rent, striking out, time limits by tracey

‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

The Court of Protection and Criminal Law – UK Human Rights Blog

‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’

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UK Human Rights Blog, 30th October 2021

Source: ukhumanrightsblog.com

Judge credits psychological assessment with calming of “high octane” conflict between parents and care workers – Local Government Lawyer

‘A High Court judge has credited a psychological assessment “almost entirely” for helping repair a deeply polarised relationship between care workers and the parents of a boy with serious disabilities who is subject of an application for a care order.’

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Local Government Lawyer, 29th October 2021

Source: www.localgovernmentlawyer.co.uk

Research briefing: Bankruptcy: trustee’s right of inquiry – House of Commons Library

Posted November 1st, 2021 in bankruptcy, disclosure, news, parliament, trustees in bankruptcy by tracey

‘This Commons briefing paper provides an outline of the trustee’s right of inquiry into the bankrupt’s property and dealings, including his right to examine third parties.’

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House of Commons Library , 29th October 2021

Source: commonslibrary.parliament.uk

Court allows part of negligence claim against firm to go to trial – Legal Futures

‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’

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Legal Futures, 1st November 2021

Source: www.legalfutures.co.uk

FCA wins appeal over action on Carillion collapse – Law Society’s Gazette

Posted November 1st, 2021 in appeals, company law, financial services ombudsman, insolvency, news by tracey

‘The Financial Conduct Authority does not need the permission of the insolvency court to take regulatory action against a company in liquidation, the High Court has ruled in a case concerning the “spectacular collapse” of construction giant Carillion.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Mishcon fined £25,000 over football transfer payments – Law Society’s Gazette

Posted November 1st, 2021 in banking, fines, law firms, news, Solicitors Regulation Authority, sport, third parties by tracey

‘London firm Mishcon de Reya has been fined £25,000 by the Solicitors Disciplinary Tribunal for failing to prevent payments being made into and from the client account to pay third parties involved in football transfers.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Home Office must rethink ‘regressive’ plans to use X-ray asylum seekers for age assessments, say charities – The Independent

‘The Home Office must rethink its “regressive and unethical” plans to use scientific methods such X-rays to age assess asylum seekers, a coalition of children’s charities has warned.’

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The Independent, 1st November 2021

Source: www.independent.co.uk

Bristol ‘Kill the Bill’ protester convicted of trying to endanger police by torching vans – The Independent

Posted November 1st, 2021 in arson, bills, demonstrations, news, police, professional conduct, public order by tracey

‘A protester has been convicted of trying to endanger the life of a police officer by torching a van during a riot after the “Kill the Bill” demonstrations in Bristol earlier this year.’

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The Independent, 30th October 2021

Source: www.independent.co.uk