Criminals released from prison ‘left free to kill’ as overstretched probation service in crisis – The Independent

Posted November 14th, 2023 in murder, news, prisons, probation by sally

’59 offenders being monitored after leaving prison went on to be convicted of murder in just one year – with at least five cases blamed on failings in an overstretched probation service.’

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The Independent, 13th November 2023

Source: www.independent.co.uk

Silica: A Forgotten Mineral? – Ropewalk Chambers

Posted November 14th, 2023 in building law, health & safety, industrial injuries, news, personal injuries by sally

‘According to the HSE:

Silica is a natural substance found in varying amounts in most rocks, sand and clay. For example, sandstone contains more than 70% silica, whereas granite might contain 15-30%. Silica is also a major constituent of construction materials such as bricks, tiles, concrete and mortar.

In other words, silica is virtually ubiquitous in quarrying, mining and in building materials.’

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Ropwalk Chambers, 9th October 2023

Source: ropewalk.co.uk

Lack of detail on clin neg fixed costs “extremely worrying” – Legal Futures

Posted November 14th, 2023 in costs, hospitals, negligence, news by sally

‘The lack of detail in the government plans for fixed recoverable costs (FRCs) for lower-value clinical negligence cases is “extremely worrying”, with only six months to go before implementation, the Association of Personal Injury Lawyers (APIL) has said.’

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Legal Futures, 14th November 2023

Source: www.legalfutures.co.uk

Egg and sperm donors in UK to lose right to anonymity at birth under new plans – The Guardian

Posted November 14th, 2023 in anonymity, assisted reproduction, birth, DNA, news by sally

‘People who donate sperm, eggs and embryos to help others have children will lose the right to anonymity from the moment the child is born, under proposed changes to UK fertility law.’

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The Guardian, 14th November 2023

Source: www.theguardian.com

Sizing up the competition – The Upper Tribunal considers the public authority VAT exemption in Northumbria Healthcare NHS Foundation Trust v Revenue and Customs – Devereux Chambers

Posted November 14th, 2023 in competition, evidence, hospitals, news, parking, VAT by sally

‘The Upper Tribunal has ruled that an NHS Trust did not provide car parking under a “special legal regime” such that its supplies would be zero-rated. The case is important because (i) it sets a limit on what can be considered a “special legal regime” for the purposes of Article 13 of the Principal VAT Directive and section 41A of the Value Added Tax Act 1994, and (ii) it confirms that detailed factual and expert evidence is not required for a Tribunal to find that treating a public authority as a non-taxable person would lead to significant distortions of competition.’

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Devereux Chambers, 27th October 2023

Source: www.devereuxchambers.co.uk

Mothers who kill: A look at infanticide – Doughty Street Chambers

Posted November 14th, 2023 in birth, child neglect, children, homicide, murder, news, pregnancy, prosecutions by sally

‘Murders where mothers kill their babies are thankfully rare, however recent cases raise questions about the legal framework surrounding this offence, and whether laws concerning murder, manslaughter and infanticide are applied in a way that protects not only vulnerable children but also vulnerable women.’

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Doughty Street Chambers, 9th October 2023

Source: insights.doughtystreet.co.uk

Killer doctor Michael McGrane jailed for raping a child – BBC News

Posted November 14th, 2023 in child abuse, doctors, news, rape, sentencing by sally

‘A former doctor who was jailed in Australia for the murder of a pregnant patient has been convicted of raping a child before he emigrated from the UK.’

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BBC News, 13th November 2023

Source: www.bbc.co.uk

BSB social media guidance “will do little to protect women’s voices” – Legal Futures

Posted November 14th, 2023 in barristers, bullying, harassment, internet, news, women by sally

‘The new social media guidance from the Bar Standards Board (BSB) “will do little to protect women’s voices an increasingly digitised world”, two leading female barristers have argued.’

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Legal Futures, 14th November 2023

Source: www.legalfutures.co.uk

Man jailed after Birmingham crash leaves boy with brain injury – BBC News

Posted November 14th, 2023 in criminal damage, dangerous driving, drug offences, guilty pleas, news, sentencing by sally

‘A man has been jailed after he caused a crash that left a five-year-old boy with a brain injury.’

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BBC News, 13th November 2023

Source: www.bbc.co.uk

How will recent and future legislation affect the right to protest in the UK? – The Guardian

Posted November 14th, 2023 in demonstrations, human rights, news, proscribed organisations, public order by sally

‘We examine the myriad of current laws and others being proposed to curb different types of protests and activism.’

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The Guardian, 13th November 2023

Source: www.theguardian.com

King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, news, wills by sally

‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’

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Pallant Chambers, 13th October 2023

Source: www.pallantchambers.co.uk

Employment Tribunals are not a costs-free zone – Littleton Chambers

Posted November 9th, 2023 in chambers articles, costs, employment, employment tribunals, judgments, news by sally

‘A frequent refrain of solicitors who represent respondents in Employment Tribunal proceedings is that it is virtually impossible to obtain a costs order against a claimant who has brought an unmeritorious claim, or that there are no consequences when outlandish allegations are made in pursuit of a claim. The case of Cairns v The Wellness Zone Case No: 2414495/2021 provides a salutary reminder to parties engaged in Employment Tribunal proceedings that, in an appropriate case, the Tribunal will exercise its costs jurisdiction, and not merely in a token way. The case also serves as a cautionary tale for claimants making serious allegations in pursuit of their claims.’

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Littleton Chambers, 24th October 2023

Source: littletonchambers.com

My heart breaks – solitary confinement in hospital has no therapeutic benefit for people with a learning disability and autistic people – Mental Capacity Law and Policy

‘Baroness Sheila Hollins has published her final report as Chairperson of the Independent Care (Education) and Treatment Review (IC(E)TR) programme for people with a learning disability and autistic people in inpatient settings. In fact the final report was completed in July 2023, but was not published until 8 November 2023, alongside the Government’s responses.’

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Mental Capacity Law and Policy, 9th November 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Court of Appeal allows appeal by father over interim care order – Local Government Lawyer

Posted November 9th, 2023 in appeals, care orders, children, drug abuse, families, local government, mental health, news by sally

‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’

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Local Government Lawyer, 8th November 2023

Source: www.localgovernmentlawyer.co.uk

The extension of fixed costs – two steps forward and five steps back – Exchange Chambers

Posted November 9th, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘There are very few people in this world who get excited when they hear the phrase ‘legal costs’. There are even fewer people who might be prepared to wade through an article on the same subject. However, something very significant is happening which will have a huge bearing on anyone who is involved, or might be involved, in any kind of civil litigation. The article below discusses the changes which are being made to fixed costs in civil litigation and I promise it is worth a read.’

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Exchange Chambers, 13th October 2023

Source: www.exchangechambers.co.uk

SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

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Pallant Chambers, 14th October 2023

Source: www.pallantchambers.co.uk

Senior judges call for greater role for junior counsel in advancing oral arguments in court – Local Government Lawyer

Posted November 9th, 2023 in barristers, judges, local government, news, oral hearings by sally

‘Senior members of the judiciary have issued a statement calling for greater participation of junior counsel in courts and tribunals hearings.’

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Local Government Lawyer, 9th November 2023

Source: www.localgovernmentlawyer.co.uk

Kate Ollerenshaw: Impact Assessment as an Accountability Mechanism: Past, Present and Future – UK Constitutional Law Association

Posted November 9th, 2023 in brexit, company law, constitutional law, EC law, government departments, news by sally

‘On 19th September, the Government published a revised version of the Better Regulation Framework Manual setting out its new approach to impact assessment for regulatory measures. The system it will replace was aligned with the Government’s formal mechanisms to incentivise a reduction in the burden of regulation on business and civil society, but the repeal of the statutory Business Impact Target (BIT) by s. 18 of the Retained EU Law (Revocation and Reform) Act 2023 and the Government’s commitment to ‘Smarter Regulation to Grow the Economy’ in the post-Brexit world prompted revisions. At first sight the proposals, including the creation of a new ‘options assessment’, seem to address some criticisms of the previous system. As always though, ‘the devil is in the detail’ and ‘the proof of the pudding will be in its eating’. This post looks at the proposed changes in the light of past practice to highlight areas where the effectiveness of impact assessment as an accountability mechanism might remain compromised. For reasons of space, this post focuses on impact assessment as a prospective tool rather than its role in post-implementation review.’

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UK Constitutional Law Association, 9th November 2023

Source: ukconstitutionallaw.org

End solitary confinement for children and limit it for adults, review demands – The Independent

‘Autistic children and those with a learning disability should never be subjected to long-term segregation in hospital – and its use should be “severely curtailed” for adults, a review has recommended.’

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The Independent, 8th November 2023

Source: www.independent.co.uk