English test scandal: Home Office accused of ‘shocking miscarriage of justice’ – The Guardian

Posted February 10th, 2022 in appeals, deceit, examinations, government departments, news, visas by sally

‘The Home Office was accused of presiding over a “shocking miscarriage of justice” by MPs during an urgent debate on the English language testing scandal which saw thousands of international students wrongly accused of cheating in an exam they were required to sit as part of their visa application process.’

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The Guardian, 9th February 2022

Source: www.theguardian.com

Human rights reform would leave former SC justice ‘very confused’ – Law Society’s Gazette

Posted February 10th, 2022 in human rights, news, precedent, Supreme Court by sally

‘Reforming human rights legislation to give priority consideration to domestic law could create uncertainty, a former Supreme Court justice has warned.’

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Law Society's Gazette, 9th February 2022

Source: www.lawgazette.co.uk

Driver jailed after father-of-one died in crash in Wool – BBC News

Posted February 9th, 2022 in dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A driver who is thought to have fallen asleep before his car crashed into two cars, killing a father-of-one, has been jailed for three years and four months.’

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BBC News, 8th February 2022

Source: www.bbc.co.uk

Bar chief: LSB competence push “risks infringing Legal Services Act” – Legal Futures

Posted February 9th, 2022 in barristers, legal services, Legal Services Board, news, quality assurance by sally

‘The chairman of the Bar Council has warned the Legal Services Board (LSB) that it risks infringing the Legal Services Act if it demands that regulators impose new competence regimes without sufficient evidence.’

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Legal Futures, 9th February 2022

Source: www.legalfutures.co.uk

Briton gets high court go-ahead to sue Interpol chief over torture claim – The Guardian

‘A British football fan who claims he was tortured and falsely imprisoned in the United Arab Emirates in 2019 while on holiday there to watch Asian Cup matches is suing the new head of Interpol.’

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The Guardian, 8th February 2022

Source: www.theguardian.com

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD – UK Constitutional Law Association

‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’

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UK Constitutional Law Association, 9th February 2022

Source: ukconstitutionallaw.org

Buckingham Palace: Man sentenced for climbing into grounds – BBC News

‘A man found with a knife and drugs in the grounds of Buckingham Palace has been given a suspended jail term.’

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BBC News, 9th February 2022

Source: www.bbc.co.uk

Keith Bettison: Bus driver, 73, who choked wife, 48, to death on Halloween jailed for 14 years – The Independent

Posted February 8th, 2022 in domestic violence, murder, news, sentencing by sally

‘A former bus driver who choked his wife to death in 2020 after mocking her in a “Punch and Judy” voice has been jailed for at least 14 years.’

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The Independent, 7th February 2022

Source: www.independent.co.uk

Porn sites will be legally required to verify users’ age – BBC News

Posted February 8th, 2022 in children, consumer protection, internet, news, pornography by sally

‘Porn websites in the UK will be legally required to verify the age of their users under new internet safety laws.’

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BBC News, 8th February 2022

Source: www.bbc.co.uk

UK drops ‘absurd’ case against Greenpeace for dropping rocks in sea – The Guardian

Posted February 8th, 2022 in demonstrations, environmental protection, fisheries, licensing, news, prosecutions by sally

‘The government agency charged with protecting the marine environment has dropped its case against Greenpeace over a protest intended to obstruct destructive fishing practices in UK coastal conservation areas.’

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The Guardian, 7th February 2022

Source: www.theguardian.com

New English court witness statement rules have positive early effect – OUT-LAW.com

Posted February 8th, 2022 in drafting, evidence, news, practice directions, witnesses by sally

‘Last year, important new rules were introduced governing how witness statements are drafted and used in the Business and Property Courts (BPC) of England and Wales.’

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OUT-LAW.com, 7th February 2022

Source: www.pinsentmasons.com

Government unlawfully denying care to vulnerable teenagers, say lawyers – The Independent

Posted February 8th, 2022 in age discrimination, care orders, government departments, news, young persons by sally

‘High Court to hear that ministers have irrationally discriminated against 16- and 17-year-olds in care by not including them in new legislation designed to protect looked-after children.’

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The Independent, 8th February 2022

Source: www.independent.co.uk

The Most Significant Cases of 2021 – Law Pod UK

Posted February 8th, 2022 in chambers articles, news, podcasts by sally

‘In Episode 157, Emma-Louise Fenelon speaks to Jon Metzer about the most significant cases of 2021.’

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Law Pod UK, 7th February 2022

Source: audioboom.com

Ministers face legal challenge over rules for shooting wild birds – The Guardian

Posted February 8th, 2022 in birds, game laws, licensing, news by sally

‘The government is facing a legal challenge over its newly updated shooting licences for England, which classify game birds as livestock and so allow wild birds to be shot to protect them.’

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The Guardian, 7th February 2022

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted February 7th, 2022 in legislation by tracey

SI 2022/105 – The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 7th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

CN, R. (On the Application Of) v The Secretary of State for Health and Social Care [2022] EWCA Civ 86 (04 February 2022)

Hughes v Rattan [2022] EWCA Civ 107 (04 February 2022)

Cassini SAS v Emerald Pasture Designated Activity Company & Ors [2022] EWCA Civ 102 (04 February 2022)

Court of Appeal (Criminal Division)

Ladbrook v R. [2022] EWCA Crim 113 (04 February 2022)

High Court (Administrative Court)

Sharipov & Ors, R (On the Application Of) v Director General of the Independent Office for Police Conduct & Ors [2022] EWHC 217 (Admin) (04 February 2022)

High Court (Chancery Division)

Evans & Anor v Joseph Joseph Ltd & Anor [2022] EWHC 192 (Ch) (04 February 2022)

High Court (Commercial Court)

Deutsche Bank AG London v Comune Di Busto Arsizio [2022] EWHC 219 (Comm) (04 February 2022)

Provimi France S.A.S. & Ors v Stour Bay Company Ltd [2022] EWHC 218 (Comm) (04 February 2022)

High Court (Family Division)

S (A Child) (1980 Hague Convention Stranding) [2022] EWHC 214 (Fam) (01 February 2022)

High Court (Queen’s Bench Division)

HM Senior Coroner for West Sussex v Chief Constable of Sussex Police & Ors [2022] EWHC 215 (QB) (04 February 2022)

Meric v Navis & Anor [2022] EWHC 221 (QB) (04 February 2022)

Source: www.bailii.org

Latest News on The EU Settlement Scheme for 2022 – EIN Blog

Posted February 7th, 2022 in brexit, EC law, government departments, immigration, news, statistics, visas by tracey

‘It is now over 3 years since the UK Home Office launched the EU Settlement Scheme (EUSS) on 21st January 2019 in readiness for Brexit. According to the latest government data, as of the end of December 2021, 6,385,500 EUSS applications have been received, 333,200 of these arriving after the deadline of 30th June 2021. So far, 6,057,400 EUSS applications have been processed, resulting in 52% of applicants receiving settled status, 41% receiving pre-settled status, and 3% receiving a refusal. Their data also shows that EUSS applications received since 30th June 2021 have been a mix of late applicants, joining family members, and those moving from pre-settled to settled status. Here we look at the conclusions of the latest EUSS inspection by the Independent Chief Inspector of Border and Immigration and some of the issues applicants are now experiencing with their applications and getting help.’

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EIN Blog, 3rd February 2022

Source: www.ein.org.uk

Novel consideration when balancing the imperatives of adjudication and litigation – Practical Law: Construction Blog

‘The court may order a stay of a claim pursuant to CPR 3.1(2)(f) where the claimant has previously been ordered to pay the defendant sums in satisfaction of an adjudicator’s decision and the claimant has not done so. That power is exercised, in part, with the “pay now argue later” ethos of the Construction Act 1996 in mind. The key decisions to date (which I discuss below) balance a party’s rights of access to the court against those broader policy objectives. This post looks at a case in which the TCC applied and expanded the case law in this area, RHP Merchants and Construction Ltd v Treforest Property Co Ltd.’

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Practical Law: Construction Blog, 2nd February 2022

Source: constructionblog.practicallaw.com

Identifying and Proving Breach of Duty Relating to Ambulance Response Time – Ropewalk Clinical Negligence Blog

Posted February 7th, 2022 in causation, chambers articles, delay, duty of care, hospitals, news by tracey

‘When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response.

The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an expectation is rarely met. Thankfully, in the vast majority of cases the timing of the arrival of the paramedic is of no real consequence. More important to outcome can be what happens once the paramedic alights from the ambulance and attends to the patient, how long it takes from that point until admission to A&E or the unit to which the patient is taken for necessary specialist care. These latter issues can all have a bearing on the timing, the quality and the nature of care received by the patient.’

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Ropewalk Clinical Negligence Blog , 3rd February 2022

Source: www.ropewalk.co.uk

Supreme Court dismisses protestors’ appeal over PKK flag conviction – UK Human Rights Blog

‘Pwr v Director of Public Prosecutions [2022] UKSC 2. On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that, whilst it does interfere with Art.10 ECHR (freedom of expression), the interference is lawful, necessary and proportionate.’

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UK Human Rights Blog, 3rd February 2022

Source: ukhumanrightsblog.com