The UK Bill of Rights: Changes to Human Rights Protection may Impact Climate Litigation – Oxford Human Rights Hub

‘Across the world, human rights-based arguments are increasingly deployed in climate litigation against public bodies. However, in the UK, potential reforms to the Human Rights Act 1998 (HRA) – an Act which allows claimants in domestic courts to rely on the European Convention on Human Rights (ECHR) – could seriously impact the ability of these cases to succeed in the future.’

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Oxford Human Rights Hub, 22nd May 2023

Source: ohrh.law.ox.ac.uk

Carlisle carer jailed for stealing £75k from elderly couple – BBC News

Posted May 23rd, 2023 in abuse of position of trust, care workers, elderly, news, sentencing, theft by sally

‘An “out of control” drug-taking gambling addict stole more than £75,000 from an elderly couple while working as their carer.’

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BBC News, 22nd May 2023

Source: www.bbc.co.uk

Law Commission calls for tighter rules on use of personal records in rape trials – The Guardian

‘Greater restrictions should be introduced on the use of rape complainants’ personal records and evidence relating to their sexual behaviour to avoid rape myths contaminating trials in England and Wales, a government-commissioned review has said.’

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The Guardian, 23rd May 2023

Source: www.theguardian.com

No continuing loss from law firm’s breach of contract, tribunal rules – Legal Futures

‘A trainee solicitor who never took up his job after the terms of employment were changed four days before he began work has failed in his bid for damages greater than his contractual notice period.’

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Legal Futures, 23rd May 2023

Source: www.legalfutures.co.uk

Barbara Mills KC becomes first black person and first family law practitioner for 35 years to be elected Vice Chair of Bar Council – Local Government Lawyer

Posted May 23rd, 2023 in barristers, family courts, king's counsel, minorities, news by sally

‘Barbara Mills KC has been elected as the Bar Council’s Vice Chair, becoming the first family law practitioner to be selected for the position in 35 years and the first black person and first person of colour.’

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Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

Lakeside: Man guilty of murder at shopping centre food hall – BBC News

Posted May 23rd, 2023 in assisting offenders, homicide, murder, news, offensive weapons by sally

‘A 23-year-old man has been convicted of murder after stabbing a father-of-three at a busy shopping centre.’

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BBC News, 22nd May 2023

Source: www.bbc.co.uk

Is A.I. Coming for the Lawyers? – Law Pod UK

Posted May 23rd, 2023 in artificial intelligence, legal profession, news, podcasts by sally

‘Professor Richard Susskind, advisor to the Lord Chief Justice of England and Wales, has been alerting the legal profession to the advance of technology since the 1990s.’

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Law Pod UK, 22nd May 2023

Source: audioboom.com

Child sexual abuse compensation scheme to be set up in England – The Guardian

Posted May 23rd, 2023 in child abuse, compensation, inquiries, news, reports, sexual offences, victims by sally

‘The government is to launch a compensation scheme for survivors of child sexual abuse in England, the home secretary has said.’

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The Guardian, 22nd May 2023

Source: www.theguardian.com

Why The Magistrates Courts Aren’t Working – Each Other

Posted May 23rd, 2023 in courts, criminal justice, diversity, magistrates, news by sally

‘In 2022, the Criminal Bar Association voted to undertake industrial action, bringing the dire state of much of the criminal justice system into the public eye. Following successive cuts by the government, among the issues were unusable court buildings, including broken toilets, leaking ceilings and malfunctioning heating systems, and the dismal remuneration received by barristers – barristers who are tasked with working on the most serious cases across the Crown Courts.’

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Each Other, 19th May 2023

Source: eachother.org.uk

Court of Appeal finds Ombudsman decision to withdraw report was unlawful, but dismisses appeal by developer – Local Government Lawyer

Posted May 22nd, 2023 in appeals, fees, local government, news, ombudsmen, planning by tracey

‘The Court of Appeal has dismissed a developer’s appeal concerning whether the Local Government and Social Care Ombudsman had the power to withdraw a final report into Tewkesbury Borough Council’s refusal to waive a planning fee, re-open its investigation and then issue a second final report in favour of the council.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 22nd, 2023 in legislation by tracey

SI 2023/547 – The Social Security (Disability Additional Payment Day) Regulations 2023

SI 2023/563 – The Animal Welfare (Sentience) Act 2022 (Commencement) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 22nd, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Cox & Ors [2023] EWCA Civ 551 (19 May 2023)

Stoute & Anor v News Group Newspapers Ltd [2023] EWCA Civ 523 (19 May 2023)

Allami v Fakher [2023] EWCA Civ 532 (19 May 2023)

Healey v Fraine & Ors [2023] EWCA Civ 549 (19 May 2023)

Sicwebu v Secretary of State for the Home Department [2023] EWCA Civ 550 (19 May 2023)

Invest Bank PSC v El-Husseini & Ors [2023] EWCA Civ 555 (19 May 2023)

High Court (Administrative Court)

M, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1156 (Admin) (19 May 2023)

Airline Placement Ltd, R (On the Application Of) v Commissioners for His Majesty’s Revenue and Customs [2023] EWHC 1191 (Admin) (19 May 2023)

Coal Action Network, R (On the Application Of) v Welsh Ministers & Anor [2023] EWHC 1194 (Admin) (19 May 2023)

High Court (Chancery Division)

Ortiz-Patino v MGI Golf and Leisure Opportunities Fund Ltd [2023] EWHC 1203 (Ch) (19 May 2023)

Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2023] EWHC 1184 (Ch) (19 May 2023)

Commissioners for His Majesty’s Revenue and Customs v Malde [2023] EWHC 1188 (Ch) (19 May 2023)

High Court (King’s Bench Division)

Prismall v Google UK Ltd & Anor [2023] EWHC 1169 (KB) (19 May 2023)

Halborg & Anor v Halborg & Ors [2023] EWHC 1190 (KB) (19 May 2023)

Wood v Foyer Assurances SA [2023] EWHC 1193 (KB) (19 May 2023)

Source: www.bailii.org

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

Is “ethnocentric nationalism” protected by s.10 of the Equality Act?: Cave – Law & Religion UK

‘In Mr A Cave v The Open University [2023] UKET 3313198/2020, the OU received internal and external complaints in June 2020 about what was claimed to be racist material that Mr Cave had posted on Twitter and on a YouTube channel he had set up entitled “Renew Britannia” [6].’

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Law & Religion UK, 22nd May 2023

Source: lawandreligionuk.com

UK parliament to debate university statutory duty of care towards students – OUT-LAW.com

‘As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.’

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OUT-LAW.com, 19th May 2023

Source: www.pinsentmasons.com

New ACAS mental health guidance: reasonable adjustments – Local Government Lawyer

Posted May 22nd, 2023 in codes of practice, disabled persons, employment, mental health, news by tracey

‘ACAS, in conjunction with Affinity Health at Work, has launched new guidance on reasonable adjustments for mental health at work. It contains guidance for both employers and workers. David Leach and Hannah Peto examine what it says.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns judgment on use of appeal planning officers – Local Government Lawyer

Posted May 22nd, 2023 in appeals, local government, London, news, planning by tracey

‘The Court of Appeal has allowed an appeal over a High Court ruling that found the Planning Inspectorate’s model of employing appeal planning officers in aiding determination of certain planning appeals was unlawful.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Google representative action on behalf of 1.6m people struck out – Legal Futures

‘The High Court has struck out a representative action brought on behalf of 1.6m people who claimed Google and DeepMind Technologies misused their medical records.’

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Legal Futures, 22nd May 2023

Source: www.legalfutures.co.uk

Court upholds Covid will witnessed through car window – Legal Futures

Posted May 22nd, 2023 in coronavirus, news, wills, witnesses by tracey

‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’

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Legal Futures, 22nd May 2023

Source: www.legalfutures.co.uk

Man jailed for role in running website involved in multi-million-pound fraud – Crown Prosecution Service

Posted May 22nd, 2023 in Crown Prosecution Service, fraud, imprisonment, internet, news, sentencing by tracey

‘A man responsible for running a website used by fraudsters across the world has been imprisoned for being involved in a multi-million-pound fraud.’

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Crown Prosecution Service, 19th May 2023

Source: www.cps.gov.uk