Criminal Behaviour Orders: is sentence the end? – Mountford Chambers

‘Aside from the confiscation regime, the reality is that for most defendants before the criminal courts, the day of reckoning, the day of sentence, is final. Not so for defendants facing the possibility of ancillary orders; Criminal Behaviour Orders, Stalking Protection Orders, Football Bannings Order; the list goes on. Are these orders no more than what is necessary in a fair and just society to protect the many from the few, or are we simply applying a vengeful mark of Cain on those who have already, by virtue of their sentence, paid their dues to society?’

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Mountford Chambers, 13th May 2024

Source: www.mountfordchambers.com

Home Office’s failure to collect and monitor data on asylum accommodation for pregnant and new mothers held to be unlawful – Landmark Chambers

‘The High Court’s decision in DXK v Secretary of State for the Home Department [2024] EWHC 579 (Admin) is a welcome addition to the growing body of case law concerning the ambit and application of asylum support duties. The Court’s findings on academic claims, standing, systemic challenges, and the public sector equality duty (“PSED”) will be of wider practical application in other public law contexts.’

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Landmark Chambers, 13th May 2024

Source: www.landmarkchambers.co.uk

Woman stalked by ex-partner loses bid to have restraining order extended – The Guardian

Posted June 14th, 2024 in domestic violence, mental health, news, restraining orders, stalking, victims by sally

‘A woman who was stalked and held hostage at gunpoint by her ex-partner has warned that she and her family are in danger after a judge refused to strengthen a restraining order against her abuser, despite hearing evidence that her life was under threat.’

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The Guardian, 13th June 2024

Source: www.theguardian.com

Magistrates’ court rejects appeal over revocation of private hire licence – Local Government Lawyer

Posted June 14th, 2024 in appeals, licensing, local government, magistrates, news, taxis by sally

‘East Cambridgeshire District Council has successfully defended a driver’s appeal over the revocation of a private hire and hackney carriage licence.’

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Local Government Lawyer, 14th June 2024

Source: www.localgovernmentlawyer.co.uk

London man jailed for ‘stealthing’ after removing condom without consent – The Guardian

Posted June 14th, 2024 in consent, imprisonment, news, rape, sentencing, sexual offences by sally

‘A man has been jailed for four years and three months in a rare conviction for “stealthing” – taking a condom off during sex without consent.’

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The Guardian, 13th June 2024

Source: www.theguardian.com

FCA’s Anti-Greenwashing Rule Takes Effect: What It Means for Compliance and ESG Accountability – Criminal Law Blog

‘The FCA’s long-awaited anti-greenwashing rule came into force on 31 May 2024. This rule is part of the wider Sustainability Disclosure Requirements regime and reflects the FCA’s strong commitment to ESG and to supporting the Government’s commitment to achieving net zero by 2050.’

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Criminal Law Blog, 14th June 2024

Source: www.kingsleynapley.co.uk

Law firm fails with defamation claim over Trustpilot reviews – Legal Futures

Posted June 14th, 2024 in causation, damages, defamation, law firms, news by sally

‘A law firm has failed in a defamation action over negative reviews about it on Trustpilot, with the High Court ruling that it could not prove they caused any financial loss.’

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Legal Futures, 14th June 2024

Source: www.legalfutures.co.uk

Coroner criticises US government for lack of training given to Anne Sacoolas prior to Harry Dunn crash – The Independent

‘A coroner has criticised the US government for a lack of training provided to its employee Anne Sacoolas before the crash that killed Harry Dunn.’

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The Independent, 13th June 2024

Source: www.independent.co.uk

Supreme Court to rule next week on environmental impact assessment and downstream greenhouse gas emissions – Local Government Lawyer

‘The Supreme Court will next week (20 June) hand down its ruling in a landmark case about environmental impact assessments and downstream greenhouse gas emissions.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

From low-level drug dealer to human trafficker: are modern slavery laws catching the wrong people? – podcast – The Guardian

Posted June 14th, 2024 in forced labour, news, podcasts, trafficking in human beings by sally

‘When I heard that a boy from my primary school had been convicted of trafficking, I had to find out what had happened to make him fall so far.’

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The Guardian, 14th June 2024

Source: www.theguardian.com

Next government may face claims for compensation from Rwanda flight detainees – The Guardian

‘The next government could have to make costly payouts to dozens of asylum seekers detained for deportation to Rwanda, even if the Rwanda deal falls apart after the general election.’

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The Guardian, 13th June 2024

Source: www.theguardian.com

Alerter by Arnold Ayoo – High Court refuses to debar Defendants from defending $14m conspiracy claim – Henderson Chambers

Posted June 14th, 2024 in chambers articles, conspiracy, fraud, news by sally

‘In Gupta & Ors v Shah & Ors [2024] EWHC 1189 (Ch), the High Court considered whether to debar four defendants from defending an unlawful means conspiracy claim and to summarily award the Claimants $14m.’

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Henderson Chambers, 20th May 2024

Source: www.hendersonchambers.co.uk

Did you miss? Davies v Bridgend County Borough Council [2024] UKSC 15 – Gatehouse Chambers

‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’

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Gatehouse Chambers, 28th May 2024

Source: gatehouselaw.co.uk

“Modest, but not insignificant” costs penalty for defendants’ silence in the face of an offer to mediate – Gatehouse Chambers

Posted June 14th, 2024 in appeals, chambers articles, costs, dispute resolution, news by sally

‘In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428, the Court of Appeal considered the costs consequences for parties who remain silent in the face of an offer to mediate. What the High Court described as a “half-hearted attempt” the Court of Appeal has rebranded a “clear offer to mediate”. On costs, the Judge erred in failing to consider: (i) that the defendants’ silence constituted unreasonable conduct, and (ii) breaches of a previous order requiring any party not engaging in ADR offered by the other side to serve a witness statement setting out reasons for the refusal.’

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Gatehouse Chambers, 30th May 2024

Source: gatehouselaw.co.uk

One in three parents in care proceedings cases involving babies have learning disabilities or difficulties, researchers find – Local Government Lawyer

‘A study by the Nuffield Family Justice Observatory (NFJO) has found that 34% of parents who are at risk of having their babies removed from their care have learning disabilities or difficulties, which are often not identified until court.’

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Local Government Lawyer, 13th June 2024

Source: www.localgovernmentlawyer.co.uk

High Court hands down important judgment on section 37A of the Landlord and Tenant Act 1954 – Landmark Chambers

Posted June 14th, 2024 in chambers articles, landlord & tenant, leases, news by sally

‘The Defendant owns the former County Hall opposite the Houses of Parliament on the South Bank. Until March 2019, the Claimant, the well-known “quick service” restaurant chain, ran a restaurant from part of the ground floor and basement of the building pursuant to a lease which had the protection of the 1954 Act. The restaurant was one of the Claimants highest profile sites. At the end of the contractual term, the Defendant landlord served a notice pursuit to section 25 indicating that it would oppose the grant of any new tenancy on the “own occupation” ground in section 30(1)(g). That lead to proceedings in the County Court at Central London in late 2018. The Defendant called two witnesses who attested that the landlord intended to run its own restaurant from the premises serving Japanese food under the trading name “Zen Bento”. It produced a business plan to that effect. The landlord’s principal offered an undertaking to that effect. Despite extensive cross-examination of the landlord’s witnesses, the County Court Judge accepted the landlord’s case, and indeed its undertaking, that it had a firm and settled intention to open a “Zen Bento” restaurant and made an order terminating the tenancy in March 2019. However, the landlord failed to open a restaurant at the site when it said it was going to (by November 2019). It opened a restaurant on the ground floor in March 2020 and, having opened the same restaurant briefly in September 2020 and closed it due to COVID restrictions, it opened a different restaurant, a coffee shop and bakery, in the basement in early 2021. The former tenants sued the Defendant in deceit and for damages under section 37A of the 1954 Act. The landlord accepted that the restaurants which it had in fact opened (and which were still trading) were different from the one it had told the County Court it intended to open and that there had been a delay in opening them but said it had genuinely changed its mind as to what it wanted to do and that the delay was largely down to COVID restrictions.’

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Landmark Chambers, 13th May 2024

Source: www.landmarkchambers.co.uk

Lancashire childminder who killed baby in her care jailed for more than 12 years – The Guardian

‘A Lancashire childminder who killed a nine-month-old baby by shaking him to death has been sentenced to 12 years and seven months in prison for manslaughter.’

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The Guardian, 13th June 2024

Source: www.theguardian.com

Drugs gang guilty of ammonia attack murder – BBC News

Posted June 14th, 2024 in assault, drug offences, grievous bodily harm, murder, news, robbery by sally

‘Four members of a drugs gang have been found guilty of murdering a man in an ammonia attack.’

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BBC News, 13th June 2024

Source: www.bbc.co.uk

Had we but world enough and time, this coyness… could still be unlawful: pre-election sensitivity and the need to carry on – Landmark Chambers

‘The essence of public administration, good or otherwise, is the exercise of public power. Decision-makers who are vested with statutory and common law powers to be exercised strictly in the public interest must actually exercise those powers if they are to fulfil their roles. As to how those powers are exercised, in the United Kingdom’s constitutional arrangements, like most other contemporary representative democracies, elected politicians pursue policies which may become law through Parliament’s enactment of legislation or may be adopted by the Executive as policy to shape the exercise of statutory powers in practice.’

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Landmark Chambers, 28th May 2024

Source: www.landmarkchambers.co.uk