‘Disrespectful of the rule of law’? – Doughty Street Chambers

‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’

Full Story

Doughty Street Chamber, 22nd February 2024

Source: insights.doughtystreet.co.uk

Discrimination, belief and the “fundamental party rights”: the judgment in Ali v Green Party of England and Wales – Cloisters

‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’

Full Story

Cloisters, 9th February 2024

Source: www.cloisters.com

Policing domestic abuse: the onus on first responders – Policing and Society

Posted March 20th, 2024 in criminal justice, domestic violence, news, police by sally

‘The police first responder has a central role in the multi-agency response to domestic abuse in most jurisdictions and is uniquely placed to solicit information from the victim-survivor about the experiences and behaviours they have witnessed first-hand. The College of Policing advises that first response officers have a dual role when attending domestic callouts: to recognise signs of abuse and prevent offences from occurring, and identify criminal offences so that offenders can be brought to justice. The frontline encounter by police is a pivotal moment for myriad reasons. Sharing results and reflections from our experiences of evaluating a number of innovative approaches to the policing of domestic abuse in the UK context, we illustrate the onus placed on the police first responder. In the effort to improve the overall criminal justice response to domestic abuse, we argue that a greater appreciation of this onus is needed amongst all criminal justice and multi-agency practitioners. Furthermore, we argue that greater support for police first responders is needed to improve outcomes for all following this encounter.’

Full Story

Policing and Society, 12th March 2024

Source: www.tandfonline.com

The tendency of human nature to be swayed by interest rather than duty – Mental Capacity Law and Policy

Posted March 20th, 2024 in conflict of interest, Court of Protection, news by sally

‘In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed as property and affairs deputy for a woman, PW. In that capacity, IMTC appointed Irwin Mitchell Asset Management (“IMAM”) to manage the investment of PW’s funds. The issue for determination by HHJ Hilder was whether the appointment of IMAM by IMTC as PW’s deputy breached the rules against conflict of interest.’

Full Story

Mental Capacity Law and Policy, 20th March 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Migrant Work, Gender and the Hostile Environment: A Human Rights Analysis – Industrial Law Journal

‘This article addresses work-related and gendered harms of the “hostile environment”, a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants’ right to decent work and undermine protections against forced labour. The UK’s recent ratification of the Council of Europe’s “Istanbul Convention” and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment’s continued operation.’

Full Story

Industrial Law Journal, March 2024

Source: academic.oup.com

Rwanda bill could become law without independent scrutiny, says ex-watchdog – The Guardian

‘Rishi Sunak’s Rwanda deportation bill could be forced on to the statute books without fulfilling the government’s legal commitment to independent scrutiny, the former borders watchdog has told peers.’

Full Story

The Guardian, 19th March 2024

Source: www.theguardian.com

Tesco to change Clubcard logo after losing Lidl legal battle – BBC News

Posted March 20th, 2024 in appeals, intellectual property, news, trade marks by sally

‘Tesco has been told to stop using its Clubcard Prices logo after losing a long legal battle with rival Lidl.’

Full Story

BBC News, 19th March 2024

Source: www.bbc.co.uk

To Babanaft or not to Bananaft – the extra jurisdictional effect of an anti-suit injunction (Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd) – Gatehouse Chambers

‘The court was considering the appropriate form of order continuing an anti-suit injunction (previously made without notice).’

Full Story

Gatehouse Chambers, 5th February 2024

Source: gatehouselaw.co.uk

Lady Chief Justice speaks out in support of cab-rank rule – Legal Futures

Posted March 20th, 2024 in barristers, judges, news by sally

‘The Lady Chief Justice yesterday spoke out in support of the cab-rank rule, arguing that without it “law and justice become an arbitrary concept”.’

Full Story

Legal Futures, 20th March 2024

Source: www.legalfutures.co.uk

Supermarket’s ‘cheapest Christmas dinner’ advert ruled misleading – The Independent

Posted March 20th, 2024 in advertising, complaints, food, news, ombudsmen by sally

‘A national press advert for Aldi claiming the discounter was the “home of Britain’s cheapest Christmas dinner” misled consumers, a watchdog has ruled.’

Full Story

The Independent, 20th March 2024

Source: www.independent.co.uk

Retailers who break new smoking ban face on-the-spot fines in UK – The Guardian

‘Powers to issue £100 on-the-spot fines are to be handed to council officers enforcing a landmark law banning future generations from smoking, which Rishi Sunak has hailed as a chance to “save thousands of lives and billions of pounds”.’

Full Story

The Guardian, 20th March 2024

Source: www.theguardian.com

Black inmates at Wormwood Scrubs ‘disproportionately subjected to use of force’ – The Guardian

Posted March 20th, 2024 in drug abuse, mental health, news, prisons, race discrimination, restraint, statistics by sally

‘Black prisoners are disproportionately subjected to the use of force inside one of Britain’s most notorious jails, a report has found.’

Full Story

The Guardian, 19th March 2024

Source: www.theguardian.com

Year of targeted action to better protect women – Ministry of Justice

Posted March 19th, 2024 in consultations, domestic violence, Ministry of Justice, news, sentencing, women by tracey

‘Cowardly domestic killers face tougher sentences than ever before as a direct result of decisive government action – one year on from the publication of Clare Wade KC’s review.’

Full Story

Ministry of Justice, 18th March 2024

Source: www.gov.uk

Government rejects multiple calls to reform whiplash claims process – Legal Futures

‘The Ministry of Justice (MoJ) has rejected all but some technical changes to the Official Injury Claim (OIC) portal put forward by both claimant and defendant representatives.’

Full Story

Legal Futures, 19th March 2024

Source: www.legalfutures.co.uk

Family judge tells divorcing couples to use ADR before going to court – Legal Futures

Posted March 19th, 2024 in dispute resolution, divorce, judges, news by tracey

‘A Family Court judge has told divorcing couples that the court expects them to make “a serious effort” to resolve their differences before issuing proceedings.’

Full Story

Legal Futures, 19th March 2024

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2024 in legislation by tracey

SI 2024/391 – The Countryside Stewardship (England) (Amendment) Regulations 2024

SI 2024/386 – The Social Security Benefits Up-rating Regulations 2024

SI 2024/369 – The Childcare (Free of Charge for Working Parents) (England) (Amendment) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 19th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

T (Children: Non-Disclosure) [2024] EWCA Civ 241 (18 March 2024)

Court of Appeal (Criminal Division)

Attorney General’s Reference On A Point of Law No. 1 of 2023 [2024] EWCA Crim 243 (18 March 2024)

High Court (Administrative Court)

The Police And Crime Commissioner for the West Midlands, R (On the Application Of) v Secretary Of State For The Home Department [2024] EWHC 604 (Admin) (18 March 2024)

Radu v The Vaslui Court of Law, Romania [2024] EWHC 603 (Admin) (18 March 2024)

High Court (Chancery Division)

Wilson & Anor v Frost & Anor (Rev1) [2024] EWHC 573 (Ch) (18 March 2024)

O’Boyle (T/A Viridian) & Anor v Wallis [2024] EWHC 560 (Ch) (15 March 2024)

Source: www.bailii.org

Eight men sentenced over Knowsley Suites Hotel disorder – BBC News

Posted March 19th, 2024 in asylum, news, sentencing, violent disorder by tracey

‘Eight men have been sentenced over their involvement in violent disorder after trouble flared at a hotel housing asylum seekers.’

Full Story

BBC News, 18th March 2024

Source: www.bbc.co.uk

Home Office attempt to deport UK-born man was illegal, judge says – The Guardian

Posted March 19th, 2024 in citizenship, deportation, government departments, immigration, news by tracey

‘The Home Office acted unlawfully in trying to deport a British-born man who has never left the country to Portugal, from where his parents arrived more than 30 years ago, a judge has ruled.’

Full Story

The Guardian, 18th March 2024

Source: www.theguardian.com

Man jailed for ramming motorcyclist off Milton Keynes bridge in ‘extreme’ road rage – The Guardian

Posted March 19th, 2024 in dangerous driving, grievous bodily harm, guilty pleas, news, sentencing by tracey

‘A man has been jailed for ramming a motorcyclist off a Buckinghamshire bridge in what police described as an act of “extreme” road rage.’

Full Story

The Guardian, 18th March 2024

Source: www.theguardian.com