Deprivation of liberty and care providers – how thick is your legal ice? – Mental Capacity Law and Policy

Posted March 22nd, 2024 in care homes, deprivation of liberty safeguards, elderly, families, news by sally

‘In a recent report, entitled A Hidden Crisis, Age UK has highlighted the extent of the problems with DoLS, setting out the results of qualitative research carried out with care home staff, representatives of local authority DoLS teams, and families of those affected by DoLS.’

Full Story

Mental Capacity Law and Policy, 19th March 2024

Source: www.mentalcapacitylawandpolicy.org.uk

UK smoking ban for those born after 2009 starts journey into law – BBC News

Posted March 22nd, 2024 in bills, children, government departments, health, news, smoking, young persons by sally

‘Rishi Sunak’s plan to ban anyone born after 2009 from buying cigarettes is starting its journey into law.’

Full Story

BBC News, 21st March 2024

Source: www.bbc.co.uk

Ex-Liverpool youth footballer Jamie Cassidy jailed for cocaine conspiracy – The Guardian

Posted March 22nd, 2024 in conspiracy, drug offences, drug trafficking, imprisonment, news, sentencing, sport by sally

‘A former Liverpool football prodigy of “exceptional talent and promise” has been jailed for more than 13 years for his part in a multimillion-pound drugs conspiracy.’

Full Story

The Guardian, 21st March 2024

Source: www.theguardian.com

Council decision on needs of teenager quashed in High Court after failure to assess “all relevant considerations” – Local Government Lawyer

‘A High Court judge has quashed a council’s decision in relation to the needs of a teenage boy, after it failed to assess “all relevant considerations” having departed from recommendations by the SEND tribunal.’

Full Story

Local Government Lawyer, 20th March 2024

Source: www.localgovernmentlawyer.co.uk

Voidable marriages – Ecclesiastical Law Journal

Posted March 21st, 2024 in ecclesiastical law, marriage, news by sally

‘This article critiques the decision of the Court of Appeal in Re SA (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003. In Re SA the Court of Appeal held that: (1) by operation of section 16 of the Matrimonial Causes Act 1973, a voidable marriage is not void at its inception and is therefore not caught by section 58(5)(a) of the Family Law Act 1986, and (2) the effect of section 16 of the 1973 Act is that a voidable marriage starts off fully valid but only on making a decree absolute of nullity becomes invalid. This article contends that the approach adopted by the Court of Appeal in SA is conceptually challenging, based on a misreading of the statutory language, and is directly contrary to long-established and powerful authorities.’

Full Story

Ecclesiastical Law Journal, 18 January 2024

Source: www.cambridge.org

Law Society issues updated guidance on identifying deprivations of liberty – Local Government Lawyer

Posted March 21st, 2024 in deprivation of liberty safeguards, Law Society, news by sally

‘The Law Society of England and Wales has updated its guidance on the Deprivation of Liberty Safeguards (DoLS) following “important developments” in the law.’

Full Story

Local Government Lawyer, 19th March 2024

Source: www.localgovernmentlawyer.co.uk

Statutory holiday entitlement: what changes in April – Mills & Reeve

Posted March 21st, 2024 in holiday pay, news, regulations, working time by sally

‘We assess the new rules on paid holidays for atypical workers, which are being phased in from 1 April 2024.’

Full Story

Mills & Reeve, 20th March 2024

Source: www.mills-reeve.com

Step-parents and Parental Responsibility – Becket Chambers

Posted March 21st, 2024 in children, guardianship, news, parental responsibility by sally

‘The Children Act 1989 s.3 sets out the legal definition of parental responsibility as, ‘all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property’.’

Full Story

Becket Chambers, 29th February 2024

Source: becket-chambers.co.uk

Inability to afford a lawyer “cannot delay proceedings”, says master – Legal Futures

Posted March 21st, 2024 in delay, fiduciary duty, legal representation, news, stay of proceedings by sally

‘An impecunious defendant seeking to stay an action because they cannot afford legal representation must show they are trying to rectify the situation, a High Court master has said.’

Full Story

Legal Futures, 21st March 2024

Source: www.legalfutures.co.uk

Fentanyl, forged wills and fake identities: How double killer plotted the deaths of his trusting victims – The Independent

Posted March 21st, 2024 in forgery, murder, news, poisoning, wills by sally

‘For Stephen and Carol Baxter, their decades of hard work at establishing a successful company in the South East of England had nearly paid off.’

Full Story

The Independent, 20th March 2024

Source: www.independent.co.uk

The silencing of climate protesters in English and Welsh courts – The Guardian

Posted March 21st, 2024 in climate change, consent, defences, demonstrations, news, podcasts, public order by sally

‘The court of appeal ruled on Monday that the “consent” defence could not be used in the cases of climate activists. Sandra Laville reports.’

Full Story

The Guardian, 21st March 2024

Source: www.theguardian.com

Woman found with £2bn in Bitcoin convicted of money laundering arrangement offence – BBC News

Posted March 21st, 2024 in cryptocurrencies, money laundering, news by sally

‘A former takeaway worker found with Bitcoin worth more than £2bn has been convicted at Southwark Crown Court of a crime linked to money laundering.’

Full Story

BBC News, 20th March 2024

Source: www.bbc.co.uk

Teaching stare decisis to first-year law students in higher education: a pedagogical blind alley? – The Law Teacher

Posted March 20th, 2024 in education, legal education, news, precedent, universities by sally

‘The doctrine of stare decisis is often explained in first-year law studies as synonymous with the doctrine of precedent and dichotomised into ratio decidendi and obiter dicta. This explanation of stare decisis is frequently supplemented by an exercise where the novice law student is provided with a case and directed to identify the ratio decidendi of the case, and to appreciate the distinction between ratio and obiter dicta in it, the latter being persuasive only. It is argued that this pedagogy is limited and unrealistic because stare decisis is a dynamic process whereby, applying the precepts of formal legal logic, legal principle evolves. This paper propounds that the fundamental precepts of formal legal logic should be harnessed as a dedicated pedagogy to teach students how principle evolves. The extant legal studies curriculum can readily be modified to accommodate these suggestions. Consistent with the proposition that stare decisis is ultimately a process, whether a statement in a case has the character of ratio decidendi or obiter dictum is itself determined as the outcome of that process.’

Full Story

The Law Teacher, 1st March 2024

Source: www.tandfonline.com

Aurora Cavallari & Ors v Mercedes-Benz Group AG & Ors – Blackstone Chambers

Posted March 20th, 2024 in chambers articles, confidentiality, news by sally

‘Confidentiality Ring Orders (“CROs”) are an increasingly prevalent feature of complex modern commercial litigation. The judgment of Cockerill J in the “Dieselgate” case of Cavallari (the Group Litigation Order involving claims against Mercedes Benz companies) is likely to be an important contribution to the proper use of CROs.’

Full Story

Blackstone Chambers, 8th February 2024

Source: www.blackstonechambers.com

Granville Technology Group Limited and others v LG Display Co Ltd and others – Blackstone Chambers

Posted March 20th, 2024 in chambers articles, Commercial Court, company law, damages, news by sally

‘The Commercial Court has handed down judgment in the follow-on damages claim brought by a group of computer retailers, formerly trading under the Tiny and Time brand names, against certain manufacturers of LCD panels who had been found to have infringed Article 101 TFEU in European Commission Decision Comp/39.309 – LCD – Liquid Crystal Displays. This constitutes only the third ever cartel damages judgment given by a Court in the United Kingdom (after the Britned and Trucks litigation). Hanif Mussa KC acted as the advocate for LG Display Co Ltd and LG Display Taiwan Co Ltd at the 5-week trial.’

Full Story

Blackstone Chambers, 9th February 2024

Source: www.blackstonechambers.com

Environment Agency CARs Under Scrutiny: rights of appeal should generally be available to those aggrieved by these “regulatory decisions” – Francis Taylor Building

‘The common law duty of fairness was, and continues to form, a basis upon which aggrieved parties can challenge regulatory decisions in judicial review. More recently, these standards have been given a legislative footing in the Legislative and Regulatory Reform Act 2006 and the Regulators’ Code, published in April 2014 pursuant to s22 of that Act.’

Full Story

Francis Taylor Building, 6th February 2024

Source: www.ftbchambers.co.uk

Strip searches: Watchdog urges police to be ‘proportionate’ with children – BBC News

Posted March 20th, 2024 in children, investigatory powers, news, police, proportionality, school children by sally

‘Police officers strip-searching children should ensure they act in a sensitive and proportionate way, a watchdog has said.’

Full Story

BBC News, 19th March 2024

Source: www.bbc.co.uk

Miller v Irwin Mitchell LLP – Hailsham Chambers

Posted March 20th, 2024 in appeals, chambers articles, duty of care, law firms, news, solicitors by sally

‘The Court of Appeal handed down judgment in Miller v Irwin Mitchell on 1 February 2024, just 9 days after hearing argument. The Court (Phillips, Andrews and Falk LJJ) upheld the decision of HHJ Cadwallader at first instance ([2022] EWHC 2252 (Ch)), in which he dismissed Mrs Miller’s claim after a trial of various preliminary issues. The decision gives useful guidance to practitoners considering whether a duty of care is owed by a solicitor prior to the parties agreeing a retainer.’

Full Story

Hailsham Chambers, 5th February 2024

Source: www.hailshamchambers.com

Disclosure Decisions and Help-Seeking Experiences Amongst Victim-Survivors of Non-Consensual Intimate Image Distribution – Victims & Offenders

Posted March 20th, 2024 in disclosure, news, pornography, sexual offences, victims by sally

‘The non-consensual dissemination of intimate images (NCII) is a form of technology-facilitated, image-based sexual abuse. Despite causing significant harm, research indicates a reluctance to seek support. Thus, this study aimed to develop practitioner recommendations for improving support accessibility by exploring NCII victim-survivors’ disclosure decisions and experiences of accessing support. Thematic Analysis of 31 UK adult victim-survivor interviews revealed informal support was favored, although some did not disclose to anyone. Disclosure responses ranged from supportive to judgmental. Barriers to help-seeking included stigma and perceiving formal support services as inaccessible. Recommendations for improving formal support accessibility such as service visibility, education and inclusive practices are discussed.’

Full Story

Victims & Offenders, 18 March 2024

Source: www.tandfonline.com

Mandatory Biodiversity Net Gain (BNG) Explained and Critiqued – Francis Taylor Building

‘This article sets out how the new mandatory Biodiversity Net Gain (BNG) requirements are to function, but also the missed opportunities that remain present in the legislation. Three points will be made: that the 10% BNG minimum is poor, that the scheme allows for the undoing of increased biodiversity and that there is potential for developers to bypass the hierarchy.’

Full Story

Francis Taylor Building, 29th February 2024

Source: www.ftbchambers.co.uk