Judges publishing porn – Transparency Project

‘On 24 November 2021, approximately 3 years after the publication of detailed anonymisation guidance warning against the publication of overly graphic sexual content in judgments, and almost a month after publication of the Transparency Review, which echoes the same issue and indicates the need for an Anonymisation Unit – a family court judge has published a judgment which is, basically, pornographic in content.’

Full Story

Transparency Project, 24th November 2021

Source: www.transparencyproject.org.uk

No need for new laws on smart contracts, Law Commission says – Legal Futures

Posted November 25th, 2021 in contracts, interpretation, Law Commission, news by sally

‘There is no need for new legislation on smart contracts because the existing laws of England and Wales can accommodate them, the Law Commission has said.’

Full Story

Legal Futures, 25th November 2021

Source: www.legalfutures.co.uk

Brook House detention centre whistleblower ‘abuse’ inquiry begins – BBC News

‘A public inquiry into the mistreatment of immigration detainees has heard a BBC Panorama documentary revealed “shocking” treatment which had “no place in a decent and humane” system.’

Full Story

BBC News, 23rd November 2021

Source: www.bbc.co.uk

Watchdog overturns ban on advert of Land Rover in forest – The Guardian

Posted November 24th, 2021 in advertising, complaints, coronavirus, environmental protection, news, ombudsmen by sally

‘Environmental campaigners have accused the UK advertising watchdog of bias for overturning a draft ruling that banned adverts for a mud-splattered Land Rover Defender off-roader after previously saying it encouraged “socially irresponsible” driving that could “cause damage to vulnerable habitats”.’

Full Story

The Guardian, 24th November 2021

Source: www.theguardian.com

Man convicted of killing pensioner 20 years ago after DNA breakthrough – The Independent

Posted November 24th, 2021 in DNA, forensic science, homicide, news, robbery by sally

‘A man has been found guilty of killing an elderly woman 20 years ago after advances in DNA technology linked him to the crime.’

Full Story

The Independent, 23rd November 2021

Source: www.independent.co.uk

Windrush: Home Office has compensated just 5% of victims in four years – The Guardian

‘Just 5% of Windrush victims have received compensation four years after the scandal emerged, according to a damning report by cross-party MPs which called for the scheme to be taken out of Home Office control.’

Full Story

The Guardian, 24th November 2021

Source: www.theguardian.com

Detention of a minor for his own protection – round two – UK Human Rights Blog

‘The Court of Appeal has recently upheld the High Court decision that Section 38 of the Police and Criminal Evidence Act 1984 (“PACE”) is not incompatible with Article 5 of the European Convention on Human Rights (“ECHR”) insofar as it purports to authorise the detention of minors for their own protection, in the case of Archer v Commissioner of Police of the Metropolis [2021] EWCA Civ 1662.’

Full Story

UK Human Rights Blog, 23rd November 2021

Source: ukhumanrightsblog.com

Online troll targeted Danniella Westbrook and supporter – BBC News

Posted November 24th, 2021 in guilty pleas, imprisonment, internet, news, restraining orders, sentencing, stalking by sally

‘An online troll who abused a woman because she had defended celebrity Danniella Westbrook has been jailed.’

Full Story

BBC News, 23rd November 2021

Source: www.bbc.co.uk

Fourth member of Stockwell Six has conviction quashed 50 years after arrest – The Guardian

‘A fourth member of the so-called Stockwell Six, a group of friends accused of trying to rob a corrupt police officer nearly 50 years ago, has had his conviction quashed by the court of appeal.’

Full Story

The Guardian, 23rd November 2021

Source: www.theguardian.com

London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer

‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’

Full Story

Local Government Lawyer, 23rd November 2021

Source: www.localgovernmentlawyer.co.uk

Man who sexually assaulted vulnerable woman jailed for 18 years – The Independent

‘A man who carried out a series of horrific sexual attacks on a vulnerable woman over several years has been jailed following a “harrowing” police investigation.’

Full Story

The Independent, 24th November 2021

Source: www.independent.co.uk

Police must do more to help child sexual abuse survivors, says Rotherham report – The Guardian

‘Police must do more to support and listen to survivors of child sexual abuse, according to the Independent Office for Police Conduct (IOPC), following a major investigation into South Yorkshire police’s response to allegations made in Rotherham.’

Full Story

The Guardian, 23rd November 2021

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted November 24th, 2021 in legislation by tracey

SI 2021/1302 – The Pensions Act 2004 (Code of Practice) (Contribution Notices: Circumstances in Relation to the Material Detriment Test, the Employer Insolvency Test and the Employer Resources Test) Appointed Day Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 24th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

A (A CHILD) (supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 1749 (23 November 2021)

The Secretary of State for the Home Department v RM (Pakistan) [2021] EWCA Civ 1754 (23 November 2021)

Kensquare Ltd v Boakye [2021] EWCA Civ 1725 (22 November 2021)

High Court (Administrative Court)

Director of Public Prosecutions v Briedis & Anor [2021] EWHC 3155 (Admin) (23 November 2021)

High Court (Commercial Court)

Navig8 Chemicals Pool Inc v Aeturnum Energy International PTE Ltd [2021] EWHC 3132 (Comm) (23 November 2021)

High Court (Family Division)

F v M [2021] EWHC 3133 (Fam) (23 November 2021)

Source: www.bailii.org

Samuel Beswick: Prospective Quashing and the Rule of Law – UK Constitutional Law Association

Posted November 23rd, 2021 in bills, constitutional law, judicial review, news, rule of law by sally

‘The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates the Rule of Law. That much seems to be a matter of general agreement. But commentators drastically disagree on how it does so. Three contrasting positions on the relationship between prospective quashing and the Rule of Law have emerged: (1) that prospective-only quashing offends the Rule of Law; (2) that the technique enhances judicial flexibility without undermining the Rule of Law; and (3) that prospective-only quashing enhances the Rule of Law.’

Full Story

UK Constitutional Law Association, 23rd November 2021

Source: ukconstitutionallaw.org

Acting for both sides “may become the norm” in divorce work – Legal Futures

‘A future where lawyers act for both sides of divorces as a matter of course and others exit regulation to offer a new kind of service has been sketched out by Resolution.’

Full Story

Legal Futures, 23rd November 2021

Source: www.legalfutures.co.uk

Father’s court battle to save daughter from cult’s clutches – BBC News

‘A dad who went to court to save his daughter from the clutches of a cult has told BBC’s File on 4 programme the groups have been ripping families apart. The programme has spoken to experts who claimed there were as many as 2,000 suspected cults active in the UK, with some recruiting university students.’

Full Story

BBC News, 23rd November 2021

Source: www.bbc.co.uk

‘No alternative’ to new walkouts in legal aid dispute, says QC – The Guardian

‘A former barrister who led the first strike at the England and Wales bar has said he “can’t see any alternative” to fresh industrial action in a dispute over legal aid fees.’

Full Story

The Guardian, 22nd November 2021

Source: www.theguardian.com

UK legal group warns of information blackout on sewage discharges – The Guardian

Posted November 23rd, 2021 in disclosure, environmental health, news, waste, water, water companies by sally

‘A legal action group is warning there may be an information blackout on sewage discharges by water companies for years, after the Environment Agency announced an inquiry into more than 2,000 sites.’

Full Story

The Guardian, 22nd November 2021

Source: www.theguardian.com

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

Full Story

UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com