Ombudsman’s decisions and housing conditions claims – Nearly Legal

Posted December 15th, 2022 in complaints, damages, health & safety, housing, news, ombudsmen, repairs by tracey

‘Plunkett v Clarion HA. County Court at Central London. Ms Plunkett was an assured tenant of Clarion, on the Eastfields Estate. She began a claim for disrepair and unfitness for human habitation while in temporary accommodation in a hotel. The defects complained of were primarily leaks to the interior of the flat and outside the front door causing interior damp, significant mould growth, leaks from above, non-functioning ventilation to kitchen and bathroom, and infestation of mice, for periods of two to four years. The existing issues and unfitness for human habitation were confirmed in an independent expert report. Clarion had refused to agree a single joint expert.’

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Nearly Legal, 13th December 2022

Source: nearlylegal.co.uk

UK court ruling highlights privilege and disclosure issues relating to emails in corporate IT systems – OUT-LAW.com

Posted December 15th, 2022 in confidentiality, disclosure, electronic mail, news, privacy, privilege by tracey

‘A recent decision by the England and Wales High Court, refusing to grant a declaration that company officers could not assert privilege in respect of emails stored in a corporate email system, provides useful lessons to businesses on legal professional privilege and disclosure, according to a legal expert.’

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OUT-LAW.com, 14th December 2022

Source: www.pinsentmasons.com

Protest and proportionality in the Supreme Court: The Safe Access Zones Bill Reference [2022] UKSC 32 – UK Human Rights Blog

Posted December 15th, 2022 in abortion, bills, devolution issues, harassment, news, Northern Ireland, Supreme Court by tracey

‘Abortion in Northern Ireland has had a fraught and frequently distressing history. Until 2019 when the UK Parliament reformed the law, the jurisdiction had the most restrictive approach to abortion in the UK. But even this reform has not reformed the reality, either for those seeking abortion services or information and counselling on such services or for those who work at providers of such services lawfully. I have previously written about the situation as it stood in March 2021, and the reality has changed little since then, with two notable exceptions. In March 2022, the Northern Ireland Assembly passed the Abortion Services (Safe Access Zones) Bill (Northern Ireland) (“SAZ Bill”) to create buffer zones around lawful abortion providers, in an attempt to criminalise the harassment and intimidation of people who seek or work in such places. On 2 December 2022, tired of the glacial pace and political controversy in commissioning abortion services, the Secretary of State for Northern Ireland moved to commission such services himself. In the interim, the Attorney General for Northern Ireland (“AGNI”) referred the SAZ Bill to the UK Supreme Court to determine whether it was lawful.’

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UK Human Rights Blog, 14th December 2022

Source: ukhumanrightsblog.com

Barristers set to pay the price for BSB performance problems – Legal Futures

Posted December 15th, 2022 in barristers, budgets, fees, news, recruitment, remuneration by tracey

‘The poor performance of the Bar Standards Board (BSB) is set to hit barristers in the pocket as it seeks to increase salaries to overcome recruitment and retention difficulties.’

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Legal Futures, 15th December 2022

Source: www.legalfutures.co.uk

Disputes with executors and how to resolve them – Family Law

Posted December 15th, 2022 in bereavement, dispute resolution, executors, news, wills by tracey

‘As a solicitor dealing with will disputes, I know that beneficiaries can sometimes feel deeply frustrated by the behaviour of an executor (also called a “personal representative”) of a will. The emotional fallout from a bereavement sometimes leads to a toxic atmosphere and relationships can quickly sour. Very often this situation arises where executors and/or beneficiaries are not entirely sure of their rights and responsibilities.’

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Family Law, 12th December 2022

Source: www.familylaw.co.uk

Children classed as domestic abuse victims under new guidance – Crown Prosecution Service

‘Children affected by domestic abuse will be automatically treated as victims regardless of whether they were present during violent incidents, the CPS announced today.’

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Crown Prosecution Service, 5th December 2022

Source: www.cps.gov.uk

In conversation with District Tribunal Judge Noel Arnold – Courts & Tribunals Judiciary

Posted December 15th, 2022 in diversity, judges, judiciary, news by tracey

‘In conversation with District Tribunal Judge Noel Arnold.’

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Courts & Tribunals Judiciary, 8th December 2022

Source: www.judiciary.uk

Sovereign immunity for former Spanish king upheld on appeal – Law Society’s Gazette

Posted December 15th, 2022 in appeals, Crown, harassment, immunity, news by tracey

‘Sovereign immunity has been upheld in the Court of Appeal in a case involving allegations that the former king of Spain harassed a woman over a two-year period.’

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Law Society's Gazette, 14th December 2022

Source: www.lawgazette.co.uk

Sex offender who poses risk is able to make own decisions about care – judge – The Independent

‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’

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The Independent, 14th December 2022

Source: www.independent.co.uk

Police worker who shared dead body image on WhatsApp jailed for two years – The Independent

Posted December 15th, 2022 in guilty pleas, internet, misfeasance in public office, news, photography, police, suicide by tracey

‘A police control room worker who shared an image of a teenager’s decapitated head with his partner and friends on WhatsApp has been jailed for more than two years.’

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The Independent, 14th December 2022

Source: www.independent.co.uk

Zara Aleena murder: Jordan McSweeney jailed for at least 38 years – BBC News

Posted December 15th, 2022 in murder, news, sentencing by tracey

‘A sexual predator branded a “danger to any woman” has been jailed for at least 38 years for murdering Zara Aleena as she walked home from a night out.’

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BBC News, 14th December 2022

Source: www.bbc.co.uk

Scathing report condemns police in England and Wales for ‘victim blaming’ in rape cases – The Guardian

Posted December 15th, 2022 in criminal justice, news, police, rape, reports, victims by tracey

‘A damning official examination into how police forces tackle rape has exposed persistent failings in the criminal justice system, including a failure to track repeat suspects, “explicit victim-blaming” and botched investigations.’

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The Guardian, 15th December 2022

Source: www.theguardian.com

Awaab Ishak: Widespread failings at mould death housing group – BBC News

Posted December 15th, 2022 in children, complaints, health & safety, housing, news by tracey

‘A government regulator has found “widespread failings” at the housing association that rented out a mouldy flat to the family of Awaab Ishak.’

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BBC News, 15th December 2022

Source: www.bbc.co.uk

Case Comment: Guest v Guest [2022] UKSC 27 – UKSC Blog

Posted December 14th, 2022 in appeals, estoppel, news, Supreme Court, wills by sally

‘In this post, Tobias Seger, an Associate at CMS, comments on the Supreme Court’s decision in Guest v Guest [2022] UKSC 27, handed down by the Supreme Court on 19 October 2022. This case concerns the proper approach to granting relief under the doctrine of proprietary estoppel.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Ex-leader of London borough fails in High Court challenge over naming in Ombudsman report – Local Government Lawyer

‘A former leader of the London Borough of Haringey has lost a judicial review challenge over a decision by the Local Government and Social Care Ombudsman to name him in a report.’

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Local Government Lawyer, 12th December 2022

Source: www.localgovernmentlawyer.co.uk

Single-use plastic items to be banned in England — reports – The Guardian

‘Single-use plastic items including cutlery, plates and polystyrene cups are reportedly to be banned in England by the UK government after a consultation.’

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The Guardian, 13th December 2022

Source: www.theguardian.com

MoJ backs lasting power of attorney bill – Law Society’s Gazette

Posted December 14th, 2022 in bills, internet, Ministry of Justice, news, powers of attorney by sally

‘The government has backed a private members bill that will allow lasting powers of attorney to be made completely online. The Lasting Power of Attorney Bill, which brings forward government proposals to modernise the process, completed its second reading last Friday.’

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Law Society's Gazette, 13th December 2022

Source: www.lawgazette.co.uk

Four jailed over £200,000 pensioner phone scam – BBC News

Posted December 14th, 2022 in fraud, imprisonment, news, sentencing by sally

‘Fraudsters who scammed pensioners out of £200,000 by claiming to be police officers have been jailed.’

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BBC News, 13th December 2022

Source: www.bbc.co.uk

Case Preview: R (Day) v Shropshire Council (heard 7th December 2022) – UKSC Blog

Posted December 14th, 2022 in appeals, judicial review, local government, news, planning, Supreme Court by sally

‘Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Lab worker convicted of murdering colleague at his parents’ home – The Guardian

Posted December 14th, 2022 in homicide, mental health, murder, news by sally

‘A lab technician has been convicted of murdering a colleague at his parents’ home in Leicestershire before dumping her body in a country lane.’

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The Guardian, 12th December 2022

Source: www.theguardian.com