Paterson v UK: Parliament and Human Rights in Strasbourg – UK Human Rights Blog

Posted October 8th, 2024 in families, human rights, immunity, news, parliament, political parties, standards by sally

‘The name ‘Chris Pincher’ has become synonymous with Boris Johnson’s downfall, but it was the case of Owen Paterson that precipitated the unrest in the Conservative Party that ultimately led to the former Prime Minister’s resignation.’

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UK Human Rights Blog, 8th October 2024

Source: ukhumanrightsblog.com

Row over ‘sheer magnitude’ of Wagatha legal bill – BBC News

Posted October 8th, 2024 in costs, defamation, media, news, privacy, sport by sally

‘The so-called Wagatha Christie dispute has gone back to the High Court, with Rebekah Vardy challenging the “sheer magnitude” of the legal costs claimed by Coleen Rooney from their 2022 libel trial.’

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BBC News, 7th October 2024

Source: www.bbc.co.uk

Mediation in England and Wales – OUT-LAW.com

Posted October 8th, 2024 in Commercial Court, county courts, dispute resolution, fees, news by sally

‘Mediation is a voluntary and confidential process using the services of a mediator, who is a neutral third party who will attempt to facilitate negotiation by the parties of an agreed settlement.’

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OUT-LAW.com, 7th October 2024

Source: www.pinsentmasons.com

Berkshire GP jailed over indecent assaults against seven female patients – The Guardian

‘A GP has been jailed after being found guilty of a string of indecent assaults against seven female patients in Berkshire.’

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The Guardian, 7th October 2024

Source: www.theguardian.com

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality. In fact, it is expressly intended that the majority of civil, family, and tribunal disputes will be settled or resolved online through the Digital Justice System, in accordance with rules specifically developed by the Online Procedure Rule Committee (OPRC) to cover the online pre-action and action space. It is also notable that such a system of various online private and public portals will have a common data architecture based on the open digital standards developed by OPRC. It is not yet known when this system will become operational, but as we approach such a reality, the potential loss of accountability and democratic deficit needs to be addressed as an extremely urgent threat.’

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UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

The missed chances that led to four small boys dying in a Sutton house fire – The Guardian

‘Deveca Rose’s two sets of twins were seen as well brought up yet their mother, who has been convicted of manslaughter, struggled with her mental health.’

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The Guardian, 3rd October 2024

Source: www.theguardian.com

Law Commission consultation on burial and cremation law – Law & Religion UK

‘The law on burial and cremation in England and Wales, some of which dates back to the mid-19th century, is complicated and outdated. It has evolved as a patchwork of different laws which apply to different burial grounds depending on who operates them (eg the Church of England, local authorities or private owners). There are also gaps in the law. Burial space is running out, with the situation worst in some urban areas. Grave reuse has long been seen as a solution to this problem, but not all burial grounds are permitted to reuse graves.’

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Law & Religion UK, 3rd October 2024

Source: lawandreligionuk.com

Woman found guilty over deaths of four home-alone sons in fire – The Guardian

‘A woman has been found guilty over the deaths of her four young sons in a fire at their home in London after she left them alone to go shopping.’

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The Guardian. 3rd October 2024

Source: www.theguardian.com

Adverse possession – the time to believe? – Law Society’s Gazette

‘The Land Registration Act 2002 was thought to have killed off adverse possession as an active legal mechanism, but the recent case of Brown v Ridley has reopened the debate. The central issue: when is the 10-year period during which the applicant must have a reasonable belief to satisfy paragraph 5(4) of schedule 6? This is one of the three conditions which an applicant must satisfy if the registered title owner objects to the application for adverse possession.’

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Law Society's Gazette, 2nd October 2024

Source: www.lawgazette.co.uk

AMHPs, MHA admission and changing cultures – in conversation with Colleen Simon and John Mitchell – Mental Capacity Law and Policy

Posted October 4th, 2024 in mental health, news by sally

‘In this ‘in conversation’ with Colleen Simon and John Mitchell, we talk about a recently published discussion paper about the ways in which Approved Mental Health Professionals (‘AMHPs’) undertake their statutory role of ‘considering’ patient’s cases under s.13 MHA 1983, and why it is dangerous to think of an ‘MHA assessment’ as a single event. We also think about what could be done differently even in advance of any law reforms that might take place in this area.’

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Mental Capacity Law and Policy, 3rd October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

How to Challenge a ‘Clearly Unfounded’ Immigration Decision – EIN Blog

Posted September 30th, 2024 in appeals, asylum, government departments, human rights, immigration, judicial review, news by sally

‘In some circumstances, if your protection and/or human rights claim is refused, your claim may be certified by the Home Office as “clearly unfounded”. In this article we examine what to do next if you are facing this situation. You will be told that you have no right of appeal and that you must now leave the United Kingdom but such a designation is not necessarily the end of your claim in the UK. This article will go through your options if you receive a decision letter from the Home Office which refuses your claim and informs you the claim has been certified as “clearly unfounded”.’

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EIN Blog, 27th September 2024

Source: www.ein.org.uk

Limits on anonymity – Law & Religion UK

‘In UK courts and elsewhere, it is sometimes necessary to introduce an element of anonymity into the proceedings and their reporting, as in the consistory court judgment Re St. Margaret Ormesby [2024] ECC Nor 5 where, unusually, one of the petitioners expressed concerns on aspects of the judgment which might become known to the joint applicant. Additionally, the “medical harm” criterion of Re Blagdon was considered.’

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Law & Religion UK, 30th September 2024

Source: lawandreligionuk.com

Care proceedings quicker with more disposals within 26 weeks: MoJ – Local Government Lawyer

‘The average time for public law care or supervision cases to reach first disposal was 41 weeks in April to June 2024, down 3 weeks from the same quarter in 2023, according to the latest data published by the Ministry of Justice (MoJ).’

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Local Government Lawyer, 27th September 2024

Source: www.localgovernmentlawyer.co.uk

Ex-councillor in West Yorkshire jailed for ‘voyeurism on a vast scale’ – The Guardian

Posted September 30th, 2024 in imprisonment, news, sentencing, sexual offences, voyeurism by sally

‘A “depraved and selfish” former councillor who filmed 28 women in bathrooms and bedrooms using hidden cameras over a period of almost 15 years has been jailed for six years and two months.’

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The Guardian, 27th September 2024

Source: www.theguardian.com

Met Police misconduct found after Black boy mistakenly searched in robbery investigation – The Independent

‘A disciplinary panel has found that actions by two Metropolitan Police officers amounted to misconduct when they stopped and restrained a 14-year-old Black boy.’

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The Independent, 28th September 2024

Source: www.independent.co.uk

Two boys, 13, receive eight-year minimum terms for Wolverhampton machete murder – The Guardian

‘The youngest knife murderers in the UK, who were 12 years old when they attacked an “utterly defenceless” man with a machete in a park, have been sentenced to life with minimum terms of eight years and six months.’

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The Guardian, 27th September 2024

Source: www.theguardian.com

The meaning of unfitness – Nearly Legal

Posted September 30th, 2024 in health & safety, housing, landlord & tenant, news, repairs by sally

‘This is a Circuit Judge (HHJ Melissa Clarke) judgment on, amongst other things, what amounts to unfitness for human habitation under sections 9A and 10 Landlord & Tenant Act 1985, and when the Court can make such a finding. As far as I know, it is the first judgment where this specific issue was argued, certainly at Circuit Judge level. I gather that permission to appeal was sought by Red Kite at the hearing, and refused, so there is the possibility of an appeal to the High Court.’

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Nearly Legal, 29th September 2024

Source: nearlylegal.co.uk

Stalking victims left at ‘serious risk’ by police failures, report finds – The Guardian

Posted September 30th, 2024 in coroners, inquests, news, police, stalking, statistics, victims, women by sally

‘Systemic failures in the way police deal with stalkers are leaving victims at “serious risk” with some given wrong and “potentially dangerous” advice, a damning report by police chiefs in England and Wales has found.’

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The Guardian, 27th September 2024

Source: www.theguardian.com

Fewer complaints about barristers’ use of social media – Legal Futures

The number of reports to the Bar Standards Board (BSB) about barristers’ use of social media has unexpectedly fallen but an increasing proportion relate to “controversial social and political issues”.

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Legal Futures, 30th September 2024

Source: www.legalfutures.co.uk

Dark patterns – Mills & Reeve

‘The ASA has banned Nike and Sky adverts, on the basis they use so called “dark patterns”. Dark patterns are a range of techniques which cross the line from legitimate advertising techniques to ones which unlawfully nudge consumers into making choices not in their best interests. These decisions come as the ASA joins the CMA in undertaking wider proactive investigations into online choice architecture that amount to unlawful dark patterns.’

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Mills & Reeve, 27th September 2024

Source: www.mills-reeve.com