Possession Claims Mediation Pilot Re-thought – Garden Court Chambers

Posted April 13th, 2023 in news by sally

‘On 22nd February 2023, the Ministry of Justice and the Department for Levelling Up, Housing and Communities published the Rental Mediation Service Pilot-Post Implementation Review. The Pilot had been run in the county courts between February and October 2021. Part, at least, of the thinking, following the lifting of Covid restrictions on the processing of possession claims, was that there would be an avalanche of hearings and that diversion to mediation would reduce the resulting pressure on the courts. Some 10,000 referrals to mediation with a success rate of 3,000 were estimated.’

Full Story

Garden Court Chambers, 3rd March 2023

Source: www.gardencourtchambers.co.uk

“To cease upon the midnight with no pain”: Justice, death and CPR36 – Guildhall Chambers

Posted April 13th, 2023 in news by sally

‘A capable 62 year old man suffers a modest (liability admitted) injury in an RTA, but then (by common consent) goes on to develop severe CRPS. He had had a myocardial infarction one year earlier (from which he made an excellent recovery, returning to work) and is a Type 1 diabetic.’

Full Story

Guildhall Chambers, 27th March 2023

Source: www.guildhallchambers.co.uk

The Illegal Migration Bill is an Attack on Fundamental Human Rights and the Rule of Law – Doughty Street Chambers

Posted April 13th, 2023 in news by sally

‘The Illegal Migration Bill, that had its second reading on the 13 March, is a widespread attack on fundamental human rights and the rule of law. It stops asylum-seekers, victims of trafficking and other migrants from making admissible asylum and human rights claims, deprives protections for those who have been trafficked, and ousts the jurisdiction of the courts. Whilst the subject-matter of the Bill deals with immigration and detention, it has concerning repercussions in strengthening ministerial and prerogative powers, whilst at the same time undermining judicial scrutiny. In short, it sets a very dangerous precedent indeed.’

Full Story

Doughty Street Chambers, 21st March 2023

Source: insights.doughtystreet.co.uk

Contract Drafting with ChatGPT: Legal Innovation or Risky Business? – 3PB

Posted April 13th, 2023 in news by sally

‘Artificial Intelligence (AI) has stormed into the legal realm, raising exciting possibilities and some hair-raising questions. Could AI models like ChatGPT revolutionise the drafting of contracts?’

Full Story


Source: 3PB,%2028th%20March%202023

A Practical Guide to Extending an Administration – 3 Hare Court

‘Thomas Horton and Georgia Purnell provide a practical guide to extending an administration. Drawing on insights from their own experiences the guide provides a useful resource for administrators and solicitors.’

Full Story

3 Hare Court, 23rd March 2023

Source: www.3harecourt.com

Updates to English network infrastructure policy follow high-profile legal cases – OUT-LAW.com

Posted April 13th, 2023 in news, planning, railways, roads by sally

‘Planned updates to the key policy document for nationally significant road and rail projects in England are a direct response to recent high-profile rulings on when officials must consider alternative approaches.’

Full Story

OUT-LAW.com, 11th April 2023

Source: www.pinsentmasons.com

A Question of Identity – Voter Identification – 4-5 Gray’s Inn Square

‘This article is intended to serve as an update on the new voter identification rules that have been introduced as a result of the voter identity requirements provisions contained in the Elections Act 2022. Save to note that, prior to its enactment, the proposed legislation attracted considerable debate as to whether the historic level of electoral fraud, and in particular personation, within the United Kingdom justified the introduction of these requirements the author does not intend to cover the arguments for or against them.’

Full Story

4-5 Gray's Inn Square, 7th March 2023

Source: www.4-5.co.uk

Government rejects call to ban smacking in England – BBC News

Posted April 13th, 2023 in children, corporal punishment, news by sally

‘The government has rejected calls to ban physical punishment of children in England, saying they are already protected in law.’

Full Story

BBC News, 12th April 2023

Source: www.bbc.co.uk

Manchester police officers shared ‘abhorrent’ group messages, IOPC finds – The Guardian

‘Six Greater Manchester police officers shared “abhorrent” racist, ableist and other offensive messages in a WhatsApp group, an investigation by the police watchdog has found.’

Full Story

The Guardian, 12th April 2023

Source: www.theguardian.com

ULEZ expansion: Judicial review to be held over plans – BBC News

Posted April 13th, 2023 in judicial review, London, news, pollution, road traffic by sally

‘A judicial review is to be held into Sadiq Khan’s plans to expand the Ultra Low Emission Zone (ULEZ) across London.’

Full Story

BBC News, 12th April 2023

Source: www.bbc.co.uk

Cumbrian coal mine legal challenge refused – The Independent

Posted April 13th, 2023 in climate change, judicial review, news, planning by sally

‘Climate campaigners have been refused a legal challenge against the Government over its decision to grant planning permission to a new coal mine in Cumbria.’

Full Story

The Independent, 12th April 2023

Source: www.independent.co.uk

Council’s failures left disabled child in chronic pain for three years, watchdog finds – The Guardian

Posted April 13th, 2023 in children, disabled persons, fines, housing, local government, news, ombudsmen by sally

‘A severely disabled child missed out on vital NHS surgery and was left in chronic pain for more than three years because a council failed to move them out of unsuitable housing despite repeated pleas from health professionals, a watchdog has ruled.’

Full Story

The Guardian, 13th April 2023

Source: www.theguardian.com

More than one in 10 salaried judges bullied in last two years – Legal Futures

Posted April 13th, 2023 in bullying, judiciary, news, statistics by sally

‘More than one in 10 of salaried judges have been bullied in the two years, double the figure for fee-paid judges, research commissioned by the judiciary has found.’

Full Story

Legal Futures, 13th April 2023

Source: www.legalfutures.co.uk

PC Sharon Beshenivsky death: Man extradited and charged with murder – BBC News

Posted April 13th, 2023 in extradition, murder, news, police, prosecutions by sally

‘A 74-year-old man is due to appear in court later charged with the 2005 murder of PC Sharon Beshenivsky after being extradited from Pakistan.’

Full Story

BBC News, 13th April 2023

Source: www.bbc.co.uk

Chef wrongly branded sex offender wins long fight to stay in UK – The Guardian

‘A chef from Bangladesh who was wrongly recorded as a sex offender by the Home Office has won the right to remain in the UK after fighting since 2010.’

Full Story

The Guardian, 12th April 2023

Source: www.theguardian.com

London boroughs issue report on going beyond statutory and regulatory housing responsibilities, admitting there is “more they must do” – Local Government Lawyer

Posted April 13th, 2023 in housing, local government, London, news, reports, standards, statutory duty by sally

‘The London Housing Directors’ Group, with support from London Councils, has issued a report setting out best practice principles on how boroughs can go beyond their statutory and regulatory responsibilities to deliver the “highest possible housing standards”.’

Full Story

Local Government Lawyer, 12th April 2023

Source: www.localgovernmentlawyer.co.uk

Custody, carer, client: family lawyers identify ‘harmful’ words – Law Society’s Gazette

Posted April 13th, 2023 in divorce, families, family courts, legal language, news by sally

‘Custody, versus, battle, opponent, rights, parties and dispute – these are the words family law professionals consider the most harmful to family relationships, according to the Family Solutions Group. The group, set up by Mr Justice Cobb in 2020, marked the first anniversary of no-fault divorce reforms by calling for an end to “combative” language in family separation cases.’

Full Story

Law Society's Gazette, 11th April 2023

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 13th, 2023 in legislation by tracey

SI 2023/415 – The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 13th, 2023 in law reports by tracey

Supreme Court

Pearce & Anor, R (on the application of) v Parole Board of England and Wales [2023] UKSC 13 (05 April 2023)

High Court (Chancery Division)

Prevost & Anor v McCarthy [2023] EWHC 824 (Ch) (06 April 2023)

Santina Ltd v Rare Art (London) Ltd (Trading As Koopman Rare Art) (Rev1) [2023] EWHC 807 (Ch) (06 April 2023)

High Court (Commercial Court)

Navigator Equities Ltd & Anor v Deripaska [2023] EWHC 788 (Comm) (05 April 2023)

Palladian Partners LP & Ors v The Republic Of Argentina & Anor [2023] EWHC 711 (Comm) (05 April 2023)

Source: www.bailii.org

Dove (Part 2): Article 2 ECHR, Rabone, and Responsibility – Doughty Street Chambers

‘Last week [24 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’

Full Story

Doughty Street Chambers, 24th March 2023

Source: insights.doughtystreet.co.uk