Month: November 2022
Assessment of housing needs and cascading unlawfulness – Nearly Legal
‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’
Nearly Legal, 20th November 2022
Source: nearlylegal.co.uk
Hillside Parks – common sense is not that common (but the law is not an ass) – Local Government Lawyer
‘The Supreme Court judgment in Hillside Parks shows that common sense helps operate the planning system in a practical and fair way, Roy Pinnock writes.’
Local Government Lawyer, 18th November 2022
Source: www.localgovernmentlawyer.co.uk
Council threatens Home Office with judicial review after third hotel used to house asylum seekers – Local Government Lawyer
‘Torbay Council has issued a second pre-proceedings letter for a judicial review of the Home Office’s plan to block-book a third hotel in the area in order to accommodate asylum seekers.’
Local Government Lawyer, 18th November 2022
Source: www.localgovernmentlawyer.co.uk
Road haulage operators convicted of involvement in an over £100m money laundering scam – Crown Prosecution Service
‘Six defendants including a senior manager and two drivers of a road haulage business have been found guilty on Friday 18 November 2022 of running a large-scale money laundering operation involving in excess of £100 million in cash.’
Crown Prosecution Service, 20th November 2022
Source: www.cps.gov.uk
Chancellor of the High Court – Combar Lecture 2022 – Courts & Tribunal Judiciary
‘On 16 November 2022 the Chancellor of the High Court, Sir Julian Flaux, delivered the 2022 Combar Lecture entitled “Is commercial litigation going green? Environmental and greenwashing claims and how they will shape the law.”’
Courts & Tribunal Judiciary, 18th November 2022
Source: www.judiciary.uk
UK citizenship appeal by Shamima Begum to begin – The Independent
‘Shamima Begum is set to begin her appeal over the removal of her UK citizenship.’
The Independent, 21st November 2022
Source: www.independent.co.uk
Driver who killed cycling policewoman Lynwen Thomas jailed – BBC News
‘A van driver who killed a cycling off-duty policewoman while on his phone has been jailed for five years.’
BBC News, 19th November 2022
Source: www.bbc.co.uk
Terrorists face longer in jail for offences in prison – Ministry of Justice
‘Terrorists who continue offending in prison will always face the prospect of more time behind bars, the Deputy Prime Minister announced today (Sunday 20 November).’
Ministry of Justice, 20th November 2022
Source: www.gov.uk
Woman groomed and abused in care gets apology after 30 years – The Guardian
‘Leeds city council letter accepting responsibility believed to be the first of its kind.’
The Guardian, 20th November 2022
Source: www.theguardian.com
Racial inequality hard-wired into housing system in England, study finds – The Guardian
‘One in three black people who have experienced homelessness have also faced racial discrimination from a landlord, six times more than the general population of those who had struggled for shelter, a study reveals.’
The Guardian, 21st November 2022
Source: www.theguardian.com
Judge blocks parents’ bid to use dying son’s sperm to father a child – The Independent
‘The parents of a dying man have failed in their court bid to collect and store his sperm to allow his girlfriend to have his child.’
The Independent, 17th November 2022
Source: www.independent.co.uk
Children being coerced into most severe forms of sexual abuse online – report – The Independent
‘The Internet Watch Foundation says it found nearly 900 instances of the most severe types of child sexual abuse content in just five days.’
The Independent, 18th November 2022
Source: www.independent.co.uk
Refusals on ‘Not Conducive to the Public Good’ Grounds – EIN Blog
‘Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements. This applies to applications for entry clearance, permission to enter and permission to stay.
Presence in the UK being non-conducive to the public good can also constitute a reason to deprive an individual of their British citizenship. This is set out in further detail in our earlier post here. However, the deprivation of citizenship is provided for separately under section 40(4) of the British Nationality Act 1981.’
EIN Blog, 14th November 2022
Source: www.ein.org.uk
Alleged Islamophobia in misconduct proceedings: El Diwany – Law & Religion UK
‘Mr Farid El Diwany was twice convicted in Norway of harassment [16] and, in consequence, was struck off the Roll of Solicitors [16(ix)]. In El Diwany v Solicitors Regulation Authority Ltd [2022] EWHC 2882 (Admin), he appealed against an order of the Solicitors Disciplinary Tribunal (“the SDT”) dated 18 November 2021 refusing his application to be restored to the Roll [1].’
Law & Religion UK, 16th November 2022
Source: lawandreligionuk.com
New UK guidelines place stricter rules on age-restricted online campaigns – OUT-LAW.com
‘The UK’s advertising regulator has published new rules on how to target age-restricted ads responsibly online. Advertisers need to ensure compliance right from the start of the campaign planning, according to experts at Pinsent Masons.’
OUT-LAW.com, 17th November 2022
Source: www.pinsentmasons.com
Christian Magaard: Reconciling the Proactive Principle of Legality with Parliamentary Sovereignty – UK Constitutional Law Association
‘Rising like an arguably rather dark phoenix from the ashes, the Bill of Rights Bill now appears back on the legislative agenda. Yet again, the repeal of the Human Rights Act 1998 (HRA) seems somewhat inevitable, unless cabinet will once again implode in turmoil. In this light, the potential of the common law to provide a system of rights protection of similar vigour to that of the HRA has rightly gained much attention. The previous debate has largely focused on the content and development of common law rights and the structural potentials of the common law constitution. In contrast, this post will shed some light on what Mark Elliott described as the rigour of rights protection. The repeal of s. 3 HRA is surely one of the major cuts of judicial competences that the Bill of Rights Bill aims to undertake. Reinforcing a suggestion made by Eirik Bjorge and Michael Foran, it will hence be argued that the judiciary may well fill this protection gap by applying the proactive principle of legality (PoL). The use of this principle, however, can only be justified by acknowledging a new doctrinal foundation that reconciles it with parliamentary sovereignty.’
UK Constitutional Law Association, 17th November 2022
Source: ukconstitutionallaw.org
Shona Wilson Stark: Section 4 of the Human Rights Act 1998: Still Standing, or Standing Still? – UK Constitutional Law Association
‘In previous work, I have criticised the courts’ apparent confusion and/or uneasiness with the making of declarations of incompatibility under section 4 of the Human Rights Act 1998 (“HRA”). I have argued that the courts have paid insufficient mind to the fact that the regime under sections 3-4 of the HRA is different to the regime under HRA sections 6-9. The related questions of who has standing to bring a section 4 claim and what “incompatibility” means are unresolved. In this post, I recap my argument and attempt to ignite a discussion about the proper purpose of section 4, prior to any future human rights reform.’
UK Constitutional Law Association, 16th November 2022
Source: ukconstitutionallaw.org
Entrepreneur prisoners bid to turn back on crime – Ministry of Justice
‘Prisoners today (17 November 2022) pitched their business ideas to a “Dragons’ Den” panel as part of a ground-breaking scheme to steer them away from crime.’
Ministry of Justice, 17th November 2022
Source: www.gov.uk
