Claimant to pay indemnity costs after latest witness statement failure – Legal Futures

Posted September 21st, 2022 in costs, indemnities, news, practice directions, witnesses by sally

‘The High Court has ordered a claimant who seriously breached the rules on witness statements to pay indemnity costs, having exacerbated the situation by dismissing the defendant’s concerns.’

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Legal Futures, 21st September 2022

Source: www.legalfutures.co.uk

Do Marginalised People Get The Same Level Of Free Speech As Others? – Each Other

‘Article 10 and Article 11 of the Human Rights Act (HRA) state that everyone has the right to freedom of expression and freedom of assembly. However, this does not always hold true for marginalised groups.’

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Each Other, 21st September 2022

Source: eachother.org.uk

Parents of Madeleine McCann face substantial legal costs after losing libel battle – Daily Telegraph

‘European Court rejects Kate and Gerry McCann’s appeal over allegations in Portuguese detective’s 2008 book.”

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Daily Telegraph, 20th October 2022

Source: www.telegraph.co.uk

High Court backs move of 89-year-old man with Alzheimer’s from care home in UK to Jamaica – Local Government Lawyer

Posted September 21st, 2022 in care homes, Court of Protection, elderly, Jamaica, local government, mental health, news by sally

‘It is in the best interests of an 89-year-old man (XX) currently in a care home in the UK to travel to Jamaica for his last years, despite him lacking the mental capacity to make the decision himself, a High Court judge has ruled.’

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Local Government Lawyer, 20th September 2022

Source: www.localgovernmentlawyer.co.uk

Molly Russell inquest delayed to ensure social media posts handled ‘sensitively’ – The Guardian

Posted September 21st, 2022 in bereavement, children, coroners, delay, families, inquests, internet, mental health, news, suicide by sally

‘The inquest into the death of 14-year-old Molly Russell was delayed by legal discussions on Tuesday as the coroner raised concerns about protecting people whose social media posts appear at the hearing.’

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The Guardian, 20th September 2022

Source: www.theguardian.com

BAILII: Recent Decisions

Posted September 20th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

The Quentin Skinner 2015 Settlement L & Ors v Revenue And Customs [2022] EWCA Civ 1222 (16 September 2022)

Barrow & Ors v Merrett & Anor [2022] EWCA Civ 1241 (16 September 2022)

High Court (Administrative Court)

Al-Jaban v Court of First Instance In Antwerp (Belgium) [2022] EWHC 2354 (Admin) (16 September 2022)

High Court (Chancery Division)

Dusoruth v Orca Finance UK Ltd [2022] EWHC 2346 (Ch) (16 September 2022)

Absolute Living Developments Ltd v DS7 Ltd & Ors [2022] EWHC 2351 (Ch) (16 September 2022)

High Court (Technology and Construction Court)

Braceurself Ltd v NHS England [2022] EWHC 2348 (TCC) (16 September 2022)

Source: www.bailii.org

Mere delicacy or fastidiousness? – Nearly Legal

Posted September 20th, 2022 in damages, news, nuisance, planning by tracey

‘Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC). An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com

Posted September 20th, 2022 in disclosure, EC law, electronic commerce, internet, news, regulations, time limits by tracey

‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’

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OUT-LAW.com, 15th September 2022

Source: www.pinsentmasons.com

Property Rights, Crypto Tokens and Digital Assets: 8 Predictions – UK Human Rights Blog

Posted September 20th, 2022 in contracts, cryptocurrencies, Law Commission, news by tracey

‘In recent years, digital assets including cryptocurrencies and non-fungible tokens (NFTs) have commanded considerable media attention. Speaking extra-judicially in the foreward to the UKJT Statement on Crypto-assets and Smart Contracts in November 2019, the Master of the Rolls, Sir Geoffrey Vos, has stated that: “In legal terms, cryptoassets and smart contracts undoubtedly represent the future”. To what extent should the law of the future grant property rights in respect of crypto assets? Will the inalienable right to peaceful enjoyment of possessions apply to tokens existing only on the blockchain? Or to NFTs residing only in the “metaverse”?’

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UK Human Rights Blog, 16th September 2022

Source: ukhumanrightsblog.com

High Court gives go-ahead for judicial review of Home Office decision not to implement recommendation on emergency evacuation plans for disabled residents – Local Government Lawyer

Posted September 20th, 2022 in disabled persons, fire, government departments, health & safety, news by tracey

‘The High Court has agreed to hear a judicial review over the Home Office’s decision not to implement a recommendation from the Chair of the Grenfell Tower Inquiry for personal emergency evacuation plans for disabled people living in tower blocks.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Judge rules Tribunal erred by putting responsibility for part of EHCP on individual who was not lawful delegate or proxy for local authority – Local Government Lawyer

Posted September 20th, 2022 in local government, news, special educational needs, tribunals by tracey

‘The First-Tier Tribunal erred in law by giving responsibility for compiling an “all your need to know about” document concerning a child to a doctor who was not a lawful delegate or proxy for the council, the Upper Tribunal Administrative Appeals Chamber has said.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, September 2022 – Family Law Week

Posted September 20th, 2022 in bankruptcy, divorce, financial provision, news, pensions by tracey

‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’

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Family Law Week, 15th September 2022

Source: www.familylawweek.co.uk

News focus: Big Brother watch – time for intercept evidence to be admissible in court? – Law Society’s Gazette

Posted September 20th, 2022 in admissibility, encryption, evidence, investigatory powers, news, telecommunications by tracey

‘Intercepts remain inadmissible as evidence, which makes our jurisdiction an outlier. Is it time to allow their use, when this could boost transparency and build public confidence?’

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Law society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Few couples applying for joint divorce, HMCTS figures reveal – Law Society’s Gazette

Posted September 20th, 2022 in divorce, news, statistics by tracey

‘Take-up of a landmark provision designed to remove “unnecessary finger-pointing” from the divorce process remains comparatively low, according to government figures.’

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Law Society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Molly Russell’s inquest to put focus on big tech – BBC News

Posted September 20th, 2022 in inquests, internet, mental health, news, suicide, young persons by tracey

‘Almost five years after she took her own life, the inquest into the death of teenager Molly Russell is due to begin.’

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BBC News, 20th September 2022

Source: www.bbc.co.uk

Alex Belfield: Former BBC presenter jailed for stalking – BBC News

Posted September 16th, 2022 in BBC, harassment, imprisonment, internet, news, sentencing, stalking, victims by tracey

‘A former BBC radio presenter found guilty of stalking four people including broadcaster Jeremy Vine has been jailed for five and a half years.’

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BBC News, 16th September 2022

Source: www.bbc.co.uk

Avoiding the pitfalls of WhatsApp – Local Government Lawyer

‘Matthew Alderton examines past disciplinary cases, regulatory action and recent judicial review challenges that show the various dangers that public bodies could face by allowing staff to communicate via WhatsApp and other social media.social media.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted September 16th, 2022 in law reports by tracey

High Court (Administrative Court)

Davison v HM Senior Coroner for Hertfordshire [2022] EWHC 2343 (Admin) (15 September 2022)

High Court (Chancery Division)

Totton & Anor vTotton [2022] EWHC 2345 (Ch) (15 September 2022)

Source: www.bailii.org

Alexander Latham-Gambi: How Should We Teach the Johnson Government? (Possible) Pedagogical Shortcomings in the Face of (Arguable) Constitutional Vandalism – UK Constitutional Law Association

Posted September 16th, 2022 in constitutional law, government departments, legal education, news, universities by tracey

‘It may reasonably be argued that the Johnson Government launched a determined assault upon the UK constitutional settlement. We are failing in our duty as teachers of constitutional law if we do not equip our students with the tools to appraise this argument. Some of the features of the way in which public law is typically taught in UK universities stand in the way of so equipping our students. Or so I shall argue.’

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UK Constitutional Law Association, 14th September 2022

Source: ukconstitutionallaw.org