One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog

Posted January 10th, 2022 in appeals, human rights, news, Northern Ireland, Supreme Court, torture by tracey

‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

Waste is only waste if we waste it* – Local Government Lawyer

Posted January 10th, 2022 in bills, environmental protection, food, local government, news, waste by tracey

‘Michael Mousdale examines the measures in relation to waste enforcement and regulation set out in Part 3 of the Environment Act 2021 and assesses their impact on local authorities.’

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Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman recommends county council pay nearly £7k after boy left without education for two years – Local Government Lawyer

‘A boy with special education needs who received “virtually no” education for two years should be given £6,900 in compensation by Suffolk County Council, an investigation by the Local Government and Social Care Ombudsman has recommended.’

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Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

High Court strikes out law professor’s libel claims – Legal Futures

‘The High Court has struck out libel claims made by a former Warwick University law professor against two fellow academics, an investigator and a law student.’

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Legal Futures, 10th January 2022

Source: www.legalfutures.co.uk

Find another way to resolve dispute, High Court tells parties – Legal Futures

Posted January 10th, 2022 in costs, dispute resolution, injunctions, intellectual property, news by tracey

‘The High Court has told parties to an intellectual property claim to find other ways to resolve their dispute in the light of the first three hearings all concerning costs and not the merits.’

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Legal Futures, 10th January 2022

Source: www.legalfutures.co.uk

The Farquhar Committee and the Future of the Financial Remedies Court – Family Law

’23 March 2020 will be etched in the mind of generations. It was the day which brought unprecedented change to the way the world worked, not least the operation of the justice system and access to justice. Like many areas of law, the Financial Remedies Court [‘FRC’], was not prepared for the sudden and abrupt suspension of attended hearings, yet advances in technology quickly enabled the FRC to get back to work, albeit, at least to begin with, in a totally alien way for many. The use of remote hearings as a way of administering justice has now been the norm for over 20 months, and as the world begins to cautiously ‘get back to normal’, the question on the minds of all those practicing within the FRC is “what does the new normal look like?”’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Does the law on predatory marriage need to change? – Family Law

Posted January 10th, 2022 in consent, elderly, fraud, intestacy, marriage, news, wills by tracey

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

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Family Law, 7th January 2022

Source: www.familylaw.co.uk

Use of secondary legislation ‘dangerous for democracy’, peers warn – Law Society’s Gazette

Posted January 10th, 2022 in bills, constitutional law, legislation, news, parliament, rule of law by tracey

‘Ministers are showing “growing contempt for parliament” through the increasing use of secondary legislation and skeleton bills to significantly change the law without proper scrutiny – a growing trend which is “dangerous for democracy”, peers have warned.’

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Law Society's Gazette, 7th January 2022

Source: www.lawgazette.co.uk

Former publican makes legal history with abuse of process claim – Law Society’s Gazette

Posted January 10th, 2022 in abuse of process, damages, food hygiene, licensed premises, local government, news by tracey

‘Aformer publican has made legal history after accepting ‘substantial’ damages to settle a civil abuse of process claim – a cause of action last successfully sued upon 160 years ago, his lawyers have said.’

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Law Society's Gazette, 7th January 2022

Source: www.lawgazette.co.uk

UK data watchdog seeks talks with Meta over child protection concerns -The Guardian

Posted January 10th, 2022 in children, data protection, internet, news, ombudsmen, privacy by tracey

‘The UK’s data watchdog is seeking clarification from Mark Zuckerberg’s Meta about parental controls on its popular virtual reality headset, as campaigners warned that it could breach an online children’s safety code.’

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The Guardian, 9th January 2022

Source: www.theguardian.com

Home Office tells asylum seeker he can return to Syria safely – The Guardian

Posted January 10th, 2022 in asylum, deportation, government departments, human rights, immigration, news, refugees by tracey

‘The Home Office has told a Syrian asylum seeker he can return to the country he fled during the war because it is safe to do so, in what is thought to be the first case of its kind.’

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The Guardian, 9th January 2022

Source: www.theguardian.com

Primary school teacher banned from classrooms after sending thousands of pounds to terror groups – The Independent

Posted January 10th, 2022 in disciplinary procedures, news, professional conduct, teachers, terrorism by tracey

‘A primary school teacher has been banned from teaching after sending thousands of pounds to individuals and groups linked to terrorism.’

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The Independent. 10th January 2022

Source: www.independent.co.uk

Dudley mum’s legal fight over autistic son’s conviction – BBC News

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

‘Gay cake’ row: man loses seven-year battle against Belfast bakery – The Guardian

‘ECHR says Gareth Lee’s case against bakery that refused to make cake with ‘support gay marriage’ message is inadmissible.’

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The Guardian, 6th January 2022

Source: www.theguardian.com

Venues must have anti-terror measures under government plans – BBC News

Posted January 10th, 2022 in consultations, government departments, news, statutory duty, terrorism by tracey

‘Venues would have a legal duty to put in place security measures to protect the public from terror attacks under government plans. It comes in the wake of the 2017 Manchester Arena bombing, when 22 people were killed as they left an Ariana Grande concert. Home Secretary Priti Patel will set out the proposals on Monday, following an 18-week consultation.’

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BBC News, 9th January 2022

Source: www.bbc.co.uk

Ashers ‘gay cake’ case: European court rules case inadmissible – BBC News

‘A gay rights activist has lost a seven-year discrimination dispute over a cake order as the European Court of Human Rights ruled his case inadmissible.’

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BBC News, 6th January 2022

Source: www.bbc.co.uk

London borough’s housing allocation policy in breach of Equality Act, Ombudsman finds – Local Government Lawyer

‘A mother of two disabled children has successfully brought a complaint against Greenwich Council after a Local Government and Social Care Ombudsman investigation found the local authority’s social housing allocation policy disadvantaged the family.’

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Local Government Lawyer, 6th January 2022

Source: www.localgovernmentlawyer.co.uk

Children: Public Law Update (Winter 2022) – Family Law Week

‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’

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Family Law Week, 7th January 2022

Source: www.familylawweek.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 7th, 2022 in legislation by tracey

SI 2022/11 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) Regulations 2022

SI 2022/15 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 2) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 7th, 2022 in law reports by tracey

High Court (Administrative Court)

Kaderli v Chief Public Prosecutor’s Office of Gebze, Turkey [2022] EWHC 13 (Admin) (06 January 2022)

Naeem, R (On the Application Of) v Secretary of State for Education [2022] EWHC 15 (Admin) (06 January 2022)

High Court (Patents Court)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors (Trial B) [2022] EWHC 10 (Pat) (06 January 2022)

Source: www.bailii.org