Inquiry after Tasered man dies falling from balcony – BBC News

Posted April 18th, 2023 in inquiries, news, police, weapons by sally

‘The police watchdog has begun an inquiry into the death of man who fell from a balcony at a residential block in south-east London after being Tasered by Met Police officers.’

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BBC News, 17th April 2023

Source: www.bbc.co.uk

Plans to ban more machetes and zombie knives used by criminals in legal loophole – The Independent

Posted April 18th, 2023 in consultations, gangs, news, offensive weapons, police, sentencing by sally

‘More machetes and zombie knives could be banned in England and Wales with criminals who buy or sell them facing up to two years in jail under Government plans.’

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The Independent, 18th April 2023

Source: www.independent.co.uk

Energy firms to ban forced prepay meter installations in homes of over-85s – The Guardian

Posted April 18th, 2023 in codes of practice, elderly, energy, news by sally

‘Energy suppliers have agreed to a ban on forcibly installing prepayment meters in the homes of customers over 85 and will make representatives wear body cameras as part of a new code of conduct, the Guardian can reveal.’

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The Guardian, 17th April 2023

Source: www.theguardian.com

Can the government’s immigration bill succeed? – EIN Blog

Posted April 18th, 2023 in asylum, bills, deportation, international law, news by sally

‘The government’s rhetoric surrounding its plans to prevent asylum seekers crossing the Channel suggest their implementation will be simple. Yet Matilde Rosina and Oula Kadhum identify several important challenges that will have to be overcome first and assess the broader impact and human cost of pushing forward unworkable proposals for the sake of scoring political points at home.’

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EIN Blog, 17th April 2023

Source: www.ein.org.uk

Tomasz Oleszak murder: Leighton Amies, 15, guilty of killing 14-year-old – BBC News

Posted April 18th, 2023 in attempts, grievous bodily harm, murder, news, young offenders by sally

‘A teenager has been found guilty of murdering a 14-year-old boy who was stabbed to death in Gateshead.’

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BBC News, 17th April 2023

Source: www.bbc.co.uk

Judge’s “dismay” at conduct of High Court claim – Legal Futures

Posted April 18th, 2023 in amendments, news, personal injuries, pleadings, pre-action conduct, railways by sally

‘A High Court judge has expressed her “dismay” that there was no pre-trial review in a case that was discontinued on day four of a trial that had been listed several months earlier.’

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Legal Futures, 18th April 2023

Source: www.legalfutures.co.uk

Living in a zoo – the Supreme Court’s decision in Fearn v Trustees of the Tate Gallery [2023] UKSC 4 – Exchange Chambers

Posted April 14th, 2023 in appeals, chambers articles, housing, news, nuisance, Supreme Court by sally

‘A few yards from the Tate Modern lies the Neo-Bankside block. It contains glass fronted flats constructed not long before the gallery’s viewing platform (known as the Blatvanik Building) opened. The trial took place in 2019, shortly before coronavirus struck in 2020 ([2019] EWHC 246) and took an inordinately long time to get to the Supreme Court.’

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Exchange Chambers, 23rd March 2023

Source: www.exchangechambers.co.uk

Should Those Convicted of Serious Offences be Compelled to Face Their Victim’s Family? – Pump Court Chambers

‘The current Justice Secretary Dominic Raab thinks so. The recent, tragic murders of Sabina Nessa and Zara Aleena have prompted Mr Raab to consider new legislation which will see those convicted of serious offences compelled to attend court and face the families of those they have harmed. Both convicted murderers Jordan McSweeney and Koci Selamaj refused to attend their sentencing hearings which meant the families of Sabina and Zara were unable to put their Victim Personal Statements to them. Mr Raab says he wants to “make sure courts have the power to compel someone who’s been convicted of a serious crime to come and face the sentence… is the very least the victims deserve… and is a basic principle of British justice”[1] but what are the implications of this proposal?’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

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Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk

The King v Arie Ali [2023] EWCA Crim 232 – Drystone Chambers

‘In this case the Court of Appeal held that the exceptional factor relating to the overcrowding conditions of the adult male prisons can properly be taken into account by a sentencing judge, particularly for short term prison sentences.’

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Drystone Chambers, 5th March 2023

Source: www.drystone.com

Rory Cochrane comments on Supreme Court’s latest telecommunications decision – Devereux Chambers

‘Last week [8 March], the Supreme Court handed down its decision in VIP Communications (In Liquidation) v Secretary of State for the Home Department [2023] UKSC 10, upholding the Secretary of States’ appeal. The Supreme Court has confirmed that the Secretary of State can rely on section 5 of the Communications Act 2003 to direct Ofcom, on national security grounds, not to make regulations exempting commercial multi-user GSM gateways (COMUGs) from licensing.’

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Devereux Chambers, 8th March 2023

Source: www.devereuxchambers.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

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Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Dove v Assistant Coroner for Teeside [2023] EWCA Civ 289 (17 March 2023) – Parklane Plowden

‘Mrs Dove’s daughter took her own life after DWP benefits were withdrawn. In September 2021, the Divisional Court refused her application under s13 of the Coroners Act 1988 to quash the Coroner’s determination and direct a new inquest. The Divisional Court considered that the question of ‘how’ someone died in a Jamieson inquest was directed only to the means by which the deceased died, and did not encompass the wider circumstances of their death. In this case, the Court of Appeal considered the meaning of ‘by what means’.’

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Parklane Plowden Chambers, 29th March 2023

Source: www.parklaneplowden.co.uk

Entering properties to fit a prepayment meter – what test should the Magistrates apply when granting a warrant? – No. 5 Chambers

Posted April 14th, 2023 in chambers articles, energy, magistrates, news, warrants by sally

‘Under the legislation there is no automatic right for an affected party to apply to the magistrates to apply to stay or adjourn the execution of the warrant.’

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No. 5 Chambers, 29th March 2023

Source: www.no5.com

Steven Gee KC – British Tax Review – R. (on the application of Cobalt Data Centre 2 LLP) v HMRC: a Cobalt white elephant – Monckton Chambers

‘Section 298(1) of the Capital Allowances Act 2001 (CAA 2001) offered taxpayers Enterprise Zone allowances (EZAs) as an inducement to taking on the financial risks of newbuild industrial developments in disadvantaged areas, without a tenant. It extended their availability for a further 10 years after expiry of the 10-year life of an enterprise zone (EZ), provided that the qualifying “expenditure is incurred under a contract entered into within” the first 10 years (“the proviso”). According to the Court of Appeal1 changes made to a development, resulted in two building contracts with the claimed expenditure incurred under the second, being a “separate” contract

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Monckton Chambers, 22nd March 2023

Source: www.monckton.com

Fraud and indemnity costs – no presumption; and polemicists beware! – Littleton Chambers

Posted April 14th, 2023 in chambers articles, costs, fraud, indemnities, news by sally

‘In Pisante v Logothetis [2022] EWHC 2575 (Comm), Baker J had to consider whether to make an order for indemnity costs following a successful US$6.5m fraud action.’

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Littleton Chambers, 7th March 2023

Source: littletonchambers.com

Research Demonstrates Juries Convict in 58% of Rape Cases, on Average – Pump Court Chambers

Posted April 13th, 2023 in chambers articles, juries, news, prosecutions, rape, statistics by sally

‘Over the period 2007 to 2021, the jury conviction rate for all rape charges stood at an average of 58%, with a high of 75% in 2021, according to new research published in the Criminal Law Review[1]. In 2007, the jury conviction rate was 55%. This research was commissioned by senior judiciary following public concerns that the jury conviction rates for rape were extremely low, and analysed 5,623,800 criminal charges from January 2007 to December 2021, not just including sexual offences.’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

The Not-So-Beautiful Game – Pump Court Chambers

Posted April 13th, 2023 in assault, chambers articles, news, sport, statistics, threatening behaviour by sally

‘In February 2023, BBC Radio 5 Live released the results of a questionnaire canvassing the experiences of 927 grassroots referees. The statistics make for grim reading, although will come as little surprise to anyone who has played Sunday league football.’

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Pump Court Chambers, 9th March 2023

Source: www.pumpcourtchambers.com

Will the decision in Maguire mark the beginning of a shift in the application of Article 2 in healthcare inquests? – Hailsham Chambers

Posted April 13th, 2023 in news by sally

‘Eleven years on from Rabone: will the Supreme Court’s decision in Maguire mark the beginning of a shift in the application of article 2 to inquest healthcare cases, or will it reaffirm the Court of Appeal’s warning in Morahan that an inquest is a “relatively summary process”?’

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Hailsham Chambers, 21st March 2023

Source: www.hailshamchambers.com

Wasted Costs in the Commercial Court – Hailsham Chambers

‘In King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm), the Commercial Court emphatically rejected applications for wasted costs against a barrister and his instructing solicitors, in relation to a claim which had been struck out. The case is a good example of how difficult it is to obtain a wasted costs order against lawyers. William Flenley KC acted for the successful solicitors.’

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Hailsham Chambers, 8th March 2023

Source: www.hailshamchambers.com