Thousands of prisoners in England and Wales to be released up to 18 days early – The Guardian

‘Thousands of prisoners are to be released up to 18 days early as part of plans drawn up by ministers to ease an overcrowding crisis.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

Immigration Blog: Illegal Migration Act – An Asylum Apocalypse? – Garden Court Chambers

‘On 20 July 2023, the Illegal Migration Act 2023 (“IMA”) received Royal Assent and so passed into law. Whilst the detail of the Act’s provisions are complex, its message is simple: those entering without permission are not welcome in our home, and will not be allowed to remain. Though technically the Act applies to any person who enters the UK without permission, the clear focus of attention has been on asylum seekers.’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

Public Law Newsletter: Sept 23 – Spire Barristers

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

New appointment to the UK Supreme Court – Supreme Court

Posted October 17th, 2023 in judges, judiciary, news, Supreme Court by sally

‘Dame Ingrid Simler, Lady Justice of Appeal, is appointed as a Justice of the Supreme Court to fill the vacancy created by Lord Kitchin’s retirement, it was announced today.’

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Supreme Court, 17th October 2023

Source: www.supremecourt.uk

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Removal of plaque from church for safeguarding reasons – Law & Religion UK

‘“Guidance on Contested Heritage issued by the Church Buildings Council and the Cathedrals Fabric Commission for England [in 2021] emphasizes that it is of particular importance to the Church that its buildings should be welcoming to all, and that any symbols of injustice and sources of pain that they may contain are acknowledged and addressed“.

So noted Hodge Ch. in Re Removal of a Commemorative Plaque for Safeguarding Reasons [2023] ECC Oxf 9[*] in his determination on a petition to remove an unauthorized commemorative plaque from within a church.’

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Law & Religion UK, 17th October 2023

Source: lawandreligionuk.com

Gambling firms to be forced to pay about £100m a year to NHS – The Guardian

Posted October 17th, 2023 in gambling, health, news by sally

‘Gambling companies will be forced to pay about £100m a year to the NHS to fund addiction research, prevention and treatment, as part of government changes that will replace a longstanding system of voluntary contributions.’

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The Guardian, 17th October 2023

Source: www.theguardian.com

Changes To The EU Settlement Scheme: ‘When People’s Vulnerability Is Weaponised’ – Each Other

Posted October 17th, 2023 in brexit, disabled persons, families, immigration, news by sally

‘In October 2019, three years after the Brexit referendum, I received my OISC (Office of the Immigration Services Commissioner) accreditation and began volunteering as an immigration adviser. Only a few months prior, I had been through my own personal experience of the EU Settlement Scheme (EUSS), applying for and being granted settled status.’

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Each Other, 16th October 2023

Source: eachother.org.uk

Israel-Hamas war: what are the laws about protest in England and Wales? – The Guardian

‘Police have made dozens of arrests after protests across the UK against a bombing campaign and expected ground war in Gaza after the murderous attacks by Hamas in Israel.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

Ombudsman gains powers to issue “wider orders” under Social Housing Regulation Act – Local Government Lawyer

Posted October 17th, 2023 in complaints, housing, landlord & tenant, news, ombudsmen by sally

‘The Housing Ombudsman has gained new powers under the Social Housing Regulation Act, allowing it not only to address individual complaints from a landlord, but also extend “fairness and protection” to wider residents.’

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Local Government Lawyer, 16th October 2023

Source: www.localgovernmentlawyer.co.uk

“Relatively straightforward” for barristers to avoid cab-rank rule – Legal Futures

‘It seems “relatively straightforward” for barristers to avoid the cab-rank rule by relying on exemptions, the Legal Services Board (LSB) has said.’

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Legal Futures, 17th October 2023

Source: www.legalfutures.co.uk

Deaths and abuse in UK immigration detention – my research shows extent of mental health problem – EIN Blog

Posted October 17th, 2023 in deportation, detention, immigration, mental health, news, suicide by sally

‘The death of 39-year-old Frank Ospina, a Colombian man in immigration detention in the UK, shocked his family. Ospina was awaiting deportation, and his mental health appeared to deteriorate rapidly. He is thought to have taken his own life in March 2023.’

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EIN Blog, 16th October 2023

Source: www.ein.org.uk

Citibank wins case after sacking banker over two-sandwich lunch claim – BBC News

Posted October 17th, 2023 in employment tribunals, expenses, news, unfair dismissal by sally

‘Citibank has won an employment tribunal after sacking a worker for claiming expenses for sandwiches and coffee for his partner, and then lying about it.’

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BBC News, 16th October 2023

Source: www.bbc.co.uk

Yousef Makki: second inquest begins into Manchester teenager’s stabbing – The Guardian

‘A fresh inquest has begun into the stabbing of a Manchester teenager killed by a wealthy young friend who was ultimately cleared of murder and manslaughter.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

Tom Hickman KC: Candour Inside-Out: Disclosure in Judicial Review – UK Constitutional Law Association

‘A feature of judicial review procedure is that disclosure of documents is not required. The procedural rules make no provision for disclosure (indeed, they state that parties are not required to provide disclosure). Despite this, disclosure is increasingly provided in judicial review litigation as a matter of course. This is welcome. Appropriately focused disclosure facilitates rather than impedes efficient judicial review proceedings. It ensures judges and claimants are properly sighted on the decision-making process and it avoids the dangers of spin and omission in the summarisation of documents. But the approach taken by public bodies varies markedly, depending on their interpretation of the requirements of the common law “duty of candour”. In the absence of any rules governing the process, defendants sometimes do not disclose important documents while other cases get bogged-down in elaborate search and disclosure exercises.’

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UK Constitutional Law Association, 16th October 2023

Source: ukconstitutionallaw.org

An update to the Wills Act 1837 – Mills & Reeve

‘On 5 October 2023, the Law Commission began a consultation into the use of electronic wills and the effect of a marriage or civil partnership on an existing will.’

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Mills & Reeve, 12th October 2023

Source: www.mills-reeve.com