Author: sally

The Supreme Court sets the tone for Section 20 Extradition Act 2003 – 5SAH

Posted April 24th, 2024 in appeals, chambers articles, extradition, news, Supreme Court by sally

‘On 6 March 2024, the Supreme Court handed down two important decisions that related to issues under section 20 Extradition Act 2003:

– Bertino v Public Prosecutor’s Office Italy [2024] UKSC 9
– Merticariu v Judecatoria Arad, Romania [2024] UKSC 10

Notably, these two cases had the same constitution of the Court, with Stephens and Burnett LJJ giving a joint judgment in both cases, with which the rest of the Court agreed.’

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5SAH, 22nd April 2024

Source: www.5sah.co.uk

The Manchester Arena Inquiry: lessons for future inquiries – 6KBW College Hill

Posted April 24th, 2024 in chambers articles, inquiries, news, terrorism, victims, witnesses by sally

‘Lawyers involved in public inquiries often refer, half in jest and half out of fear, to a hypothetical future ‘inquiry into the inquiry’ in which their decisions will be scrutinised. Happily for lawyers, but perhaps to the detriment of future inquiries, there is usually relatively little analysis and certainly no formal mechanism to review the effectiveness of an inquiry following its completion. That is the position notwithstanding the growing reliance on public inquiries to investigate matters of acute public concern, and that chief amongst the many purposes of inquiries – establishing facts, providing accountability, making recommendations – is learning lessons.’

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6KBW College Hill, 17th April 2024

Source: blog.6kbw.com

Schrodinger’s Verdict – 25 Bedford Row

Posted April 24th, 2024 in chambers articles, homicide, judicial review, juries, murder, news by sally

‘When can a jury be agreed and, at the same time, hung? This intriguing question is posed (and answered) by R (Yusuff) [2024] EWHC 692.’

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25 Bedford Row, 28th March 2024

Source: www.25bedfordrow.com

A Tangled Web – What we can learn from the case of Willams-Henry v Associated British Ports Holdings Limited -12 King’s Bench Walk

Posted April 24th, 2024 in chambers articles, damages, deceit, news, personal injuries by sally

‘The Judgment in the case of Kirsty Williams-Henry makes for very uncomfortable reading for everybody who deals with severe to catastrophic personal injury cases.’

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12 King's Bench Walk, 12th April 2024

Source: 12kbw.co.uk

Court of Appeal upholds right to damages for imminent breaches of article 3 ECHR – 3PB

Posted April 24th, 2024 in appeals, benefits, chambers articles, damages, government departments, human rights, immigration, news by sally

‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’

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3PB, 18th April 2024

Source: www.3pb.co.uk

Immigration Newsletter – 4KBW

Posted April 24th, 2024 in appeals, chambers articles, citizenship, equality, government departments, human rights, immigration, news, terrorism by sally

March 2024 Update.

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4KBW, March 2024

Source: www.4kbw.co.uk

What is a mistake of fact? – 2 Hare Court

Posted April 24th, 2024 in appeals, chambers articles, mistake, news, sexual offences by sally

‘Inclusion on the barred list(s) may be appealed to the Upper Tribunal if there has been a mistake of law or fact. But just what constitutes a mistake of fact has proved a thorny problem. In particular, to what extent may the Upper Tribunal simply disagree with the DBS’ factual finding and substitute its own judgment?’

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2 Hare Court, 5th April 2024

Source: www.2harecourt.com

Armagh: Man’s convictions for murder of soldiers quashed – BBC News

Posted April 23rd, 2024 in appeals, armed forces, miscarriage of justice, murder, news, Northern Ireland by sally

‘A man jailed for life for the murder of four British soldiers nearly 50 years ago has had his convictions quashed by Northern Ireland’s Court of Appeal.’

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BBC News, 22nd April 2024

Source: www.bbc.co.uk

CICA Awards and HRA Damages: is there double recovery? – UK Health Law Blog

Posted April 23rd, 2024 in criminal injuries compensation, damages, human rights, news by sally

‘The ratio of the decision in AXO v CICA [2024] EWCA Civ 226 is that in certain circumstances, there is overlap and double recovery of a CICA award and Convention damages for breach of the HRA, so that it is open to CICA to seek repayment from HRA damages of a CICA award.’

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UK Health Law Blog, 15th March 2024

Source: www.ukhealthcarelawblog.co.uk

High Court concern over 10 law firms being sued in one action – Legal Futures

Posted April 23rd, 2024 in law firms, negligence, news, sale of land, striking out by sally

‘A High Court judge has used a case where 10 law firms are being sued to warn about “extreme attempts” to bring such claims in one action.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk

Northampton teacher admits killing partner buried in garden – BBC News

Posted April 23rd, 2024 in domestic violence, guilty pleas, homicide, murder, news by sally

‘A primary school teacher has admitted killing her partner whose tied-up body was found buried in the garden.’

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BBC News, 20th April 2024

Source: www.bbc.co.uk

Residence, care, sex and marriage: an (unusual) successful appeal on capacity – Mental Capacity Law and Policy

Posted April 23rd, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in relation to capacity. At first instance, HHJ Burrows had found that ZZ had capacity make decisions about residence, sexual relations and marriage. The local authority appealed his conclusions, the appeal being opposed by ZZ through his litigation friend the Official Solicitor.’

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Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

UK passes bill to send asylum seekers to Rwanda – The Guardian

Posted April 23rd, 2024 in asylum, bills, deportation, news, Rwanda by sally

‘Rishi Sunak’s Rwanda deportation bill will become law after peers eventually backed down on amending it, opening the way for legal battles over the potential removal of dozens of people seeking asylum.’

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The Guardian, 22nd April 2024

Source: www.theguardian.com

Suspension for barrister who lied to client over binned files – Legal Futures

Posted April 23rd, 2024 in barristers, disciplinary procedures, documents, news by sally

‘A direct access barrister who lied to a client over files that were accidentally destroyed by his chambers has been suspended for six months by a Bar disciplinary tribunal.’

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Legal Futures, 23rd April 2024

Source: www.legalfutures.co.uk

Stalker who was ‘obsessed’ with her victims jailed – BBC News

Posted April 23rd, 2024 in news, sentencing, stalking, threatening behaviour by sally

‘A woman has been jailed for making the lives of a couple “a living hell”, after stalking, harassing and threatening to kill them.’

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BBC News, 22nd April 2024

Source: www.bbc.co.uk

‘Birmingham Four’ ask CCRC to investigate convictions for terror plot – The Guardian

Posted April 23rd, 2024 in conspiracy, Criminal Cases Review Commission, explosives, forensic science, intelligence services, news, police, terrorism by sally

‘Four men were jailed for life in 2017 for planning terrorist attack in UK after elaborate undercover police operation.’

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The Guardian, 22nd April 2024

Source: www.theguardian.com

Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy

Posted April 23rd, 2024 in Court of Protection, deprivation of liberty safeguards, judgments, medical treatment, news, public records by sally

‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’

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Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Court orders law firm and partners to repay loans from couple – Legal Futures

Posted April 23rd, 2024 in agreements, guarantees, law firms, loans, news by sally

‘The High Court has ruled that a law firm and four of its former partners must repay money borrowed under loan agreements with a husband and his wife.’

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Legal Futures, 23rd April 2024

Source: www.legalfutures.co.uk

Sex offender banned from using AI tools in landmark UK case – The Guardian

Posted April 23rd, 2024 in artificial intelligence, fines, indecent photographs of children, internet, news, sentencing, sexual offences by sally

‘A sex offender convicted of making more than 1,000 indecent images of children has been banned from using any “AI creating tools” for the next five years in the first known case of its kind.’

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The Guardian, 21st April 2024

Source: www.theguardian.com

Suspended sentence for struck-off solicitor who misused client funds – Legal Futures

Posted April 22nd, 2024 in abuse of position of trust, disciplinary procedures, domestic violence, fraud, mental health, news, professional conduct, sentencing, solicitors, suspended sentences by sally

‘A solicitor who used a client’s £132,000 divorce settlement to pay off her tax bill and give money to her daughter has been handed a suspended prison sentence.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk