One in four complaints to Legal Ombudsman outside new time limits – Legal Futures

‘More than a quarter (27%) of complaints made to the Legal Ombudsman (LeO) are outside the new time limits introduced at the beginning of April, it has emerged.’

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Legal Futures, 16th August 2023

Source: www.legalfutures.co.uk

Statement of brave 13-year-old gets rapist more than 19 years in prison – BBC News

Posted August 16th, 2023 in child abuse, children, imprisonment, news, rape, sentencing, sexual offences, victims by sally

‘A man who subjected a young girl to a three-year “campaign of rape” has been jailed for over 19 years.’

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BBC News, 15th August 2023

Source: www.bbc.co.uk

Police and CPS had key DNA evidence 16 years before Andrew Malkinson cleared of rape – The Guardian

‘Police and prosecutors in the Andrew Malkinson case knew there was another man’s DNA on the victim’s clothes in 2007 – three years after he was wrongly convicted of rape – but he remained in prison for another 13 years.’

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The Guardian, 15th August 2023

Source: www.theguardian.com

Ofsted issues warning against placement of vulnerable children in unregistered homes – Local Government Lawyer

‘Ofsted has warned that “too often”, children subject to deprivation of liberty (DoL) orders are placed in illegal unregistered settings without external oversight.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Widower of jailed Post Office worker loses appeal in wake of Horizon scandal – The Guardian

‘The widower of a Post Office worker jailed after being convicted of theft has lost a court of appeal fight as a judge ruled that the conviction was not based on evidence from the scandal-hit Horizon software.’

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The Guardian, 15th August 2023

Source: www.theguardian.com

“Due regard” and statutory guidance-(I) – Law & Religion UK

Posted August 15th, 2023 in building law, Church of England, ecclesiastical law, faculties, news by sally

‘The requirement to have “due regard” to statutory guidance is an important obligation placed upon the various actors in both consistory court proceedings and tribunals considering the Clergy Discipline Measure. This post considers guidance produced under the Dioceses, Pastoral and Mission Measure 2007. Part II will address the authority of guidance; the application of guidance and sanctions; and Clergy Discipline and Safeguarding.’

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Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

Vampire-obsessed murderer Mathew Hardman’s case to be reviewed – BBC News

Posted August 15th, 2023 in appeals, Criminal Cases Review Commission, DNA, murder, news, young offenders by sally

‘A vampire-obsessed killer convicted of murdering a woman is having his case reviewed by the organisation which investigates miscarriages of justice.’

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BBC News, 14th August 2023

Source: www.bbc.co.uk

Bribery arrests bring corruption risks faced by mining firms into focus – OUT-LAW.com

Posted August 15th, 2023 in bribery, corruption, national crime agency, news by sally

‘Recent charges brought by the UK’s National Crime Agency (NCA) highlight the need for businesses to be alert to the risk of bribes being solicited to move their projects forward, an expert in managing corruption risk has said.’

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OUT-LAW.com, 14th August 2023

Source: www.pinsentmasons.com

Millionaire wins cash fight with estranged wife despite judge dubbing him ‘liar’ – The Independent

Posted August 15th, 2023 in divorce, financial provision, news, witnesses by sally

‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’

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The Independent, 14th August 2023

Source: www.independent.co.uk

Grooming cases at record high amid online safety laws delay- BBC News

Posted August 15th, 2023 in amendments, bills, child abuse, delay, internet, news, sexual grooming by sally

‘Tens of thousands of online grooming crimes have been recorded during the wait for updated online safety laws.’

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BBC News, 15th August 2023

Source: www.bbc.co.uk

Parents of baby killed by their husky in Lincolnshire given suspended sentences – The Guardian

Posted August 15th, 2023 in children, dogs, guilty pleas, news, sentencing, suspended sentences by sally

‘The parents of a three-month-old girl who was mauled to death by one of their husky dogs have been given suspended jail sentences.’

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The Guardian, 14th August 2023

Source: www.theguardian.com

Buildings Safety Act 2022: Different statutory regimes do not operate in isolation (Various leaseholders of Priory Heights v Central Beds Council) – Tanfield Chambers

‘Priory Heights, a former tax office, is over 29 metres high, was converted from commercial to residential use between 2003 and 2008, and contains 64 flats. It contains two staircases one of which is external and covered in combustible HPL cladding. It is indisputable that the cladding must be removed and replaced. The necessary remediation measures also include compartmentation and fire stopping work in the building’s common parts.’

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Tanfield Chambers, 20th July 2023

Source: www.tanfieldchambers.co.uk

Consent and Factual Causation – Two Recent Cases – QMLR

‘Two cases from the past year illustrate the importance of factual causation as an issue in litigation concerning consent to treatment and provide various reminders on points of practice that will be of interest to those working in the field of clinical negligence.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Umbrella Interchange Fee Proceedings – Blackstone Chambers

Posted August 4th, 2023 in appeals, brexit, chambers articles, competition, EC law, fees, limitations, news, time limits by sally

‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’

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Blackstone Chambers, 28th July 2023

Source: www.blackstonechambers.com

The Case for Caution in Making Social Class a Protected Characteristic under the UK’s Equality Act 2010 – Oxford Human Rights Hub

Posted August 3rd, 2023 in education, employment, equality, news, universities by sally

‘Momentum is growing in the UK to make social class a statutory protected characteristic. The Co-Op, The British Psychological Society, and the Bridge Group, amongst others, have proposed legislative reform to prohibit class discrimination. This may look like an “easy win”, especially for political parties puzzling over their manifestos and wanting to signal tangible action to combat the cost-of-living crisis. Yet there are considerable risks that this legal reform would either achieve little or actually hamper initiatives to combat socio-economic inequality.’

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Oxford Human Rights Hub, 3rd August 2023

Source: ohrh.law.ox.ac.uk

Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – Guildhall Chambers

Posted August 3rd, 2023 in chambers articles, news, rape, Supreme Court, vicarious liability by sally

‘In one of the first major decisions on vicarious liability since Barclays Bank and Morrisons, the Supreme Court has provided clarity on the limits of the doctrine.’

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Guildhall Chambers, 17th July 2023

Source: www.guildhallchambers.co.uk

Judge directs local authority not to tell maternal or paternal families about placement of twins for adoption – Local Government Lawyer

Posted August 3rd, 2023 in adoption, families, Islam, news, notification, placement orders by sally

‘A deputy High Court judge has agreed that a local authority need not tell any family members about twins being placed for adoption.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers

Posted August 3rd, 2023 in chambers articles, foreign jurisdictions, judgments, news, setting aside by sally

‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’

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Gatehouse Chambers, 31st July 2023

Source: gatehouselaw.co.uk

Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers

Posted August 3rd, 2023 in appeals, carriage of goods, chambers articles, competition, jurisdiction, news by sally

‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’

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Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Highways in a Climate Crisis – 4-5 Gray’s Inn Square

Posted August 3rd, 2023 in chambers articles, climate change, news, roads, transport by sally

‘The judgment may not be the final word, given a stated intention to ask the Court of Appeal to reconsider this matter. However the decision makes interesting reading on the important issue of how transport links can be promoted in light of the climate crisis – and gives a clear steer to follow for the time being.’

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4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk