No 10 finally to respond to 2017 report on Hillsborough injustices – The Guardian

‘Relatives of the 97 people killed at Hillsborough in 1989 will discover today how the government intends to respond to recommendations for widespread reform made in an official report six years ago into their experiences.’

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The Guardian, 6th December 2023

Source: www.theguardian.com

Tenants left ‘vulnerable’ over £10k unlawful fees – BBC News

Posted December 6th, 2023 in fees, housing, landlord & tenant, news by sally

‘A tenant said she and her family were left feeling “really vulnerable” after being charged unlawful fees totalling more than £10,000.’

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BBC News, 6th December 2023

Source: www.bbc.co.uk

Court of Appeal finds ‘flaws at all levels’ in ECAA case – EIN Blog

Posted December 6th, 2023 in appeals, immigration, judicial review, news by sally

‘The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to the European Community Association Agreement (or “ECAA”) between the UK and Turkey, the first instance decision-maker, the administrative reviewer and even the judge conducting a judicial review had all fallen into error in rejecting Mr Ozmen’s proposal on the basis of a superficial search resulting in wrong factual information about the viability of one potential customer. That flaw had undermined the decision-making at all levels. It was also quite irrational to reject the entire application on the basis of an analysis of evidence about the viability of one customer where the overall scheme of the evidence about four potential customers showed that there was broad demand for Mr Ozmen’s services. Mr Ozmen appealed against the dismissal of his claim for judicial review of the SSHD’s refusal to grant him leave to remain in the UK as a businessperson under the ECAA. He had arrived in the UK having been granted leave to enter as a short-term student in December 2019 and in May 2020, he applied for leave to remain here as a business person. His plan was to work as a mobile barber in and around the town of Glossop (Derbyshire) and he had submitted a detailed proposal with his application. On 15 March 2021, his application was refused and his administrative review application was unsuccessful on 7 February 2022 and he was advised to leave the country.’

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EIN Blog, 5th December 2023

Source: www.ein.org.uk

Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

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Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Most victims of domestic homicide have contacted police or NHS, review shows – The Guardian

‘A review of 302 domestic homicides recorded in a four-year period has found that the majority of those killed had been “hiding in plain sight”, having made contact with the police, health services and other public agencies before their death.’

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The Guardian, 6th December 2023

Source: www.theguardian.com

‘You were told’: Killed Women report shows deaths could have been prevented – The Guardian

‘Two-thirds of 115 bereaved families surveyed by Ipsos thought the fatal attack on their loved one had been very or fairly preventable.’

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The Guardian, 5th December 2023

Source: www.theguardian.com

Assistant Coroner finds failings by social landlord and council in part caused death of epileptic woman who fell from her balcony – Local Government Lawyer

Posted December 5th, 2023 in disabled persons, housing, inquests, local government, news by sally

‘An inquest into the death of a 39-year-old woman, who fell from the balcony of her third floor flat in west London after an epileptic seizure, has found that the failure of the local housing authority and a housing association to provide her with safe accommodation was a cause of her death.’

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Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

Case Preview: Secretary of State for Business and Trade v Mercer – UKSC Blog

‘Under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”), s. 146, workers are protected against detriments falling short of dismissal related to taking part in the activities of an independent trade union at an appropriate time. The scope of “trade union activities” in that provision has been interpreted as not including industrial action.’

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UKSC Blog, 5th December 2023

Source: ukscblog.com

Humiliated Covid whistleblower says boss tried to ‘break’ her – BBC News

Posted December 5th, 2023 in coronavirus, doctors, employment tribunals, news, unfair dismissal, whistleblowers by sally

‘A senior doctor who won a record £3.2m payout says her boss tried to “break” her after she raised concerns about how Covid was being handled.’

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BBC News, 5th December 2023

Source: www.bbc.co.uk

Barrister who halved suspension on appeal refused costs against BSB – Legal Futures

Posted December 5th, 2023 in appeals, barristers, costs, disciplinary procedures, news by sally

‘The High Court has refused to order costs in favour of a barrister who successfully reduced the suspension imposed on him for recklessly misleading the Court of Appeal.’

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Legal Futures, 5th December 2023

Source: www.legalfutures.co.uk

Ecclesiastical court judgments – November – Law & Religion UK

‘Eleven consistory court judgments were circulated in November and relate to reordering, exhumation, and churchyards.’

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Law & Religion UK, 30th November 2023

Source: lawandreligionuk.com

Frinton-on-Sea bigamist gets suspended term for ‘cruel deception’ – BBC News

Posted November 30th, 2023 in bigamy, guilty pleas, news, sentencing, suspended sentences by sally

‘A man who admitted to the “cruel deception” of bigamy has been handed a suspended jail term and placed on curfew.’

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BBC News, 29th November 2023

Source: www.bbc.co.uk

Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer

Posted November 30th, 2023 in homelessness, housing, judicial review, local government, mental health, news by sally

‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

MoJ identifies where, but not why, OIC cases are being delayed – Legal Futures

Posted November 30th, 2023 in delay, electronic filing, insurance, Ministry of Justice, news, personal injuries by sally

‘The period between a liability decision and the insurer making a first offer is where the ever-lengthening delays in the Official Injury Claim (OIC) portal are occurring, the Ministry of Justice (MoJ) said yesterday.’

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Legal Futures, 30th November 2023

Source: www.legalfutures.co.uk

NHS England faces lawsuit over patient privacy fears linked to new data platform – The Guardian

Posted November 30th, 2023 in data protection, health, hospitals, news, privacy by sally

‘The NHS has been accused of “breaking the law” by creating a massive data platform that will share information about patients.’

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The Guardian, 30th November 2023

Source: www.theguardian.com

Bringing the Right to Die to the British Isles (Part II): The Cautionary Experience of Australia’s Northern Territory – Oxford Human Rights Hub

Posted November 30th, 2023 in assisted suicide, bills, consultations, euthanasia, news by sally

‘Part I of this blog discussed the legality of assisted dying in the Isle of Man at present and the proposed legalisation of assisted dying and voluntary euthanasia under the Assisted Dying Bill 2023. If enacted, the Isle of Man will become the first jurisdiction in the British Isles to legalise any form of assisted dying, although the legislatures of the UK, Ireland, and Jersey are currently conducting consultations on such laws. However, there is precedent for a semi-independent jurisdiction, like the Isle of Man, spearheading the legalisation of assisted dying and voluntary euthanasia – and being reprimanded as a result.’

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Oxford Human Rights Hub, 29th November 2023

Source: ohrh.law.ox.ac.uk

Coal: UK’s last opencast mine shuts after legal row – BBC News

Posted November 30th, 2023 in energy, environmental protection, miners, news, waste by sally

‘The UK’s last opencast coalmine will close later as fears mount over whether the massive site will be restored.’

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BBC News, 30th November 2023

Source: www.bbc.co.uk

James Milton: Rule of Law, Political Accountability and the Importance of Culture – UK Constitutional Law Association

Posted November 30th, 2023 in news, parliament, political parties, rule of law, standards by sally

‘Political accountability plays a key role in the operation of the rule of law. This is the main claim I seek to defend through this blog post. My framework here is that the rule of law is just as concerned about the ethos of public officials as it is their actions. Political accountability acts as a mechanism through which the ethos behind public officials actions and decision-making can be monitored. As a result, political accountability plays a crucial part in the operation of the rule of law.’

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UK Constitutional Law Association, 30th November 2023

Source: ukconstitutionallaw.org

UK anti-strike rules may breach international law, MPs and peers warn – The Guardian

‘Workers in some public sector jobs will be completely prevented from striking under restrictive rules that may breach international law, parliament’s watchdog on human rights has said.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

High court challenge to ‘constitutionally unprecedented’ UK anti-protest law – The Guardian

‘A new law making it easier for the police to put conditions on peaceful protests is “constitutionally unprecedented” and unlawful, according to a claim filed at the high court in London.’

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The Guardian, 29th November 2023

Source: www.theguardian.com