Newport: Drugs gang jailed for exploiting vulnerable child – BBC News

‘The leader of drugs gang who recruited a vulnerable 15-year-old boy in a phone call from prison has been sentenced to nine years in jail.’

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BBC News, 21st August 2023

Source: www.bbc.co.uk

Fail to Plead, Fail to Succeed – Parklane Plowden Chambers

‘The case of Sindra Bilal & Anor v St George’s University NHS Foundation [2023] EWCA Civ 605 provides a useful reminder to ensure issues are pleaded if they are to be advanced at trial.’

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Parklane Plowden Chambers, 16th July 2023

Source: www.parklaneplowden.co.uk

Lucy Letby sentenced to whole-life jail term after murdering seven babies – The Guardian

Posted August 22nd, 2023 in birth, children, murder, news, nurses, sentencing by sally

‘The serial killer nurse, Lucy Letby, will never be released from prison after she was sentenced to a rare whole-life term for the “sadistic” murders of seven babies.’

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The Guardian, 21st August 2023

Source: www.theguardian.com

Sexual assault trial in Sheffield collapses after juror falls asleep – The Guardian

Posted August 22nd, 2023 in assault, evidence, juries, news, sexual offences by sally

‘A sexual assault trial in Sheffield has collapsed after a member of the jury fell asleep and missed “important evidence”, it has been reported.’

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The Guardian, 21st August 2023

Source: www.theguardian.com

Is it time to re-assess the cab rank rule? – Doughty Street Chambers

‘In March, 2023, many lawyers, including 18 barristers, signed a “declaration” that they will not prosecute climate-change activists or act for those promoting new fossil fuel projects. Is the ‘cab rank rule’ [Code rC28 -29] under threat?’

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Doughty Street Chambers, 20th July 2023

Source: insights.doughtystreet.co.uk

Maids Moreton murderer made to sell flat to pay £124k to victims’ families – BBC News

Posted August 22nd, 2023 in news by sally

‘A murderer who duped two elderly people into changing their wills has paid more than £124,000 to their families after selling his flat, police said.’

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BBC News, 22nd August 2023

Source: www.bbc.co.uk

Smith v Backhouse – Blackstone Chambers

Posted August 22nd, 2023 in news by sally

‘The Court of Appeal has given guidance on the circumstances in which the court can refuse to accept undertakings which a defendant has agreed to provide to the court as part of accepting a Part 36 offer made by the claimant. The issue arose in the context of a claim for relief pursuant to inter alia sections 1 and 3, Protection from Harassment Act 1997.’

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Blackstone Chambers, 24th July 2023

Source: www.blackstonechambers.com

Recall rules to be eased on indefinite jail sentences in England and Wales – The Guardian

Posted August 22nd, 2023 in dangerous offenders, imprisonment, news, release on licence, sentencing by sally

‘Prisoners released on licence after serving time under an abolished and much-maligned indefinite sentencing scheme in England and Wales could have the period in which they can be recalled to prison halved under new rules.’

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The Guardian, 21st August 2023

Source: www.theguardian.com

Private Parking Charges: Why Pay? – Doughty Street Chambers

Posted August 18th, 2023 in chambers articles, news, parking by sally

‘Receiving a private parking charge, usually referred to by the issuing company as a Parking Charge Notice (PCN) is now a part of life for motorists. Supermarkets, retail parks, and even many seemingly public parking areas are now subject to a regime that is not “public” at all because private companies are employed to enforce the conditions of parking on private land in distinction from their public counterparts.’

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Doughty Street Chambers, 26th July 2023

Source: insights.doughtystreet.co.uk

Renewing the 1954 Act – Root and Branch or Just a Trim? – Falcon Chambers

‘Oliver Radley-Gardner KC delivered a talk on the reform of the Landlord and Tenant Act 1954 (the 1954 Act) at the Falcon Chambers Property Law seminar in Manchester on 12 July 2023. This article outlines his thoughts on the Law Commission’s proposals to renew the Act.’

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Falcon Chambers, 19th July 2023

Source: www.falcon-chambers.com

Consultant paralegal was law firm ‘worker’, tribunal rules – Legal Futures

Posted August 18th, 2023 in contract of employment, employment, law firms, news, paralegals, remuneration by sally

‘A consultant paralegal was a “worker” at a law firm and could sue for unauthorised deductions from wages but was not an employee who could claim breach of contract, a tribunal has ruled.’

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Legal Futures, 18th August 2023

Source: www.legalfutures.co.uk

Comedian Tom Binns given suspended sentence over child abuse images – The Guardian

‘A comedian who has appeared on Channel 4’s 8 Out of 10 Cats Does Countdown has been sentenced after being found with more than 35,000 indecent images of children.’

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The Guardian, 17th August 2023

Source: www.theguardian.com

MQM London member wins in Court of Appeal – EIN Blog

Posted August 18th, 2023 in appeals, asylum, government departments, immigration, news, Pakistan by sally

‘In a difficult case, Elisabeth Laing LJ allowed the appeal of “WAS” against the dismissal of his asylum claim by the Upper Tribunal owing to the fact that UTJ McWilliam “failed properly” to consider the factors relevant to WAS’s commitment to the notorious person of Altaf Hussain (founder of the Muttahida Qaumi Movement or “MQM”) and the effect on risk to him from the Pakistani authorities applying the historic judgment in HJ (Iran) v SSHD [2010] UKSC 31. The appeal was also allowed on the basis that the UT’s findings were contrary to the FTT’s preserved findings and contrary to the UT’s own conclusions. WAS entered the UK in June 2012 as student. In December 2015 he made an application for further leave to remain (as the spouse of a British citizen) which was refused in 2016. He then made a protection claim in October 2017 on the basis of his actual or perceived political opinion. He said that he was a member of the MQM, an opposition movement in Pakistan. The protection claim was refused in April 2018. The FTT dismissed his appeal in June 2018 and found that he was an active member of MQM in Pakistan for about 3 years from 2009 to 2012 and that his father is an active supporter of MQM. The FTT said that his credibility was damaged by the fact that he had not claimed asylum until October 2017 in circumstances where his political affiliations had not changed.’

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EIN Blog, 17th August 2023

Source: www.ein.org.uk

Judge criticises approach of firm acting on hundreds of mesh claims – Legal Futures

Posted August 18th, 2023 in compensation, costs, law firms, medical treatment, news, personal injuries by sally

‘A law firm acting for hundreds of women who claim to have been harmed by vaginal mesh implant surgery has had its costs slashed by an unimpressed judge.’

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Legal Futures, 18th August 2023

Source: www.legalfutures.co.uk

Medical neglect by London NHS trust contributed to suicide of girl, 12, rules coroner – The Guardian

‘Medical neglect and “gross failures” by a mental health trust contributed to the suicide of a 12-year-old girl in a case that has highlighted national concerns about underfunding, a coroner has ruled.’

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The Guardian, 17th August 2023

Source: www.theguardian.com

Alerter by Thomas Evans – Potential Group Action stayed for ADR – Henderson Chambers

‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’

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Henderson Chambers, 27th July 2023

Source: www.hendersonchambers.co.uk

Fresh Inquest into Death by Suicide Following Cessation of Benefits is Granted – QMLR

‘This case concerned Ms Whiting, who had a history of spinal conditions, mental health problems, and suicidal ideation. In September 2016, Ms Whiting needed a reassessment for her ESA benefit allowance. She requested a home visit due to her mobility problems and anxiety. The DWP failed to action this, and required her to attend an appointment in person. Ms Whiting was unable to do so, at that time being housebound with pneumonia.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Met wins battle with NHS over not attending mental health calls – The Guardian

Posted August 18th, 2023 in London, mental health, news, police by sally

‘The Metropolitan police has won its battle to stop attending most of the mental health calls it receives after a tense behind-the-scenes row with the health service, the Guardian has learned.’

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The Guardian, 17th August 2023

Source: www.theguardian.com

Vulnerable children left in home with damp and mould after complaint handling failures by city council, Ombudsman finds – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration from Stoke-on-Trent City Council for a lack of stage one complaint response on two separate occasions, which left a resident and her two vulnerable children in a home with damp and mould.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

McGaughey v USS Ltd – derivative actions against directors of a corporate pension trustee – Pensions Barrister

‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’

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Pensions Barrister, August 2023

Source: www.pensionsbarrister.com