Man, 90, not guilty of attempting to murder wife- BBC News

Posted September 7th, 2022 in attempted murder, married persons, news, wounding by sally

A 90-year-old man has been found not guilty of trying to murder his unwell wife, after she woke him up one night.

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BBC News, 6th September 2022

Source: www.bbc.co.uk

Camelot drops UK national lottery legal challenge – The Guardian

Posted September 7th, 2022 in appeals, gambling, licensing, news by sally

‘Camelot has dropped its appeal against a legal ruling over the handover of its licence to operate the UK’s national lottery to its rival Allwyn.’

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The Guardian, 6th September 2022

Source: www.theguardian.com

Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts? – UK Constitutional Law Association

Posted September 6th, 2022 in armed forces, bills, international relations, news, treaties, victims by sally

‘Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never enter into force. This is because under clause 39(3) of the Bill the Secretary of State may only bring clause 14 into force if the Secretary of State “is satisfied (whether on the basis of provision contained in an Act passed after this Act or otherwise) that doing so is consistent with the United Kingdom’s obligations under the Convention”. There is an implicit recognition here that, in its current form, implementing clause 14 would not be compatible with the UK’s ECHR obligations and that it would need something else to happen to make it compatible. There are three possible options here.’

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UK Constitutional Law Association, 6th September 2022

Source: ukconstitutionallaw.org

Liz Truss: The New Prime Minister’s Human Rights Record – Each Other

‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’

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Each Other, 5th September 2022

Source: eachother.org.uk

Barrister strike: Criminal law is not dying, it’s dead, says barrister – BBC News

Posted September 6th, 2022 in barristers, criminal justice, industrial action, legal aid, news, remuneration by sally

‘Criminal law is “not dying, it’s pretty much dead” one barrister has claimed.’

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BBC News, 6th September 2022

Source: www.bbc.co.uk

Emily Maitlis stalker jailed for eight years over letters sent from prison – The Guardian

Posted September 6th, 2022 in news, restraining orders, sentencing, stalking by sally

‘A stalker who has had a three-decade fixation with the former BBC Newsnight presenter Emily Maitlis has been jailed for eight years after attempting to breach a restraining order for the 20th time.’

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The Guardian, 5th September 2022

Source: www.theguardian.com

First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

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23 Essex Street, 25th August 2022

Source: www.23es.com

Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row

‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’

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33 Bedford Row, 17th August 2022

Source: www.33bedfordrow.co.uk

What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’

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Constitutional Law Matters, 24th August 2022

Source: constitutionallawmatters.org

What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’

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Constitutional Law Matters, 23rd August 2022

Source: constitutionallawmatters.org

How can parents minimise the impact of separation on children with SEND? – 3PB

Posted September 1st, 2022 in chambers articles, children, divorce, news, special educational needs by sally

‘Anthony Collins Solicitors’ associate solicitor Kadie Bennett and 3PB’s specialist family and education law barrister Aimee Fox look at Children Act proceedings and the considerations that parents of a child with SEND may find helpful.’

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3PB, September 2022

Source: www.3pb.co.uk

Planning Court rejects judicial review challenge over permission for redevelopment of former brewery site in Brick Lane – Local Government Lawyer

Posted September 1st, 2022 in judicial review, listed buildings, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge against the London Borough of Tower Hamlets’ grant of planning permission for redevelopment of part of the site of a former brewery.’

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Local Government Lawyer, 31st August 2022

Source: www.localgovernmentlawyer.co.uk

Should Shamima Begum be allowed to return to the UK to argue her case? – The Guardian

‘It is not new – although it is eyecatching – to report that Shamima Begum, then 15, was helped to travel to Syria and join Islamic State by a Canadian agent. Mohammed al-Rashed was picked up by the Turkish authorities in March 2015, and said at the time he was an informant for Canadian intelligence, and had helped Begum travel from Istanbul airport to the Syrian border a few days earlier.’

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The Guardian, 31st August 2022

Source: www.theguardian.com

Ryan Giggs trial: Jury discharged after failing to reach verdicts – BBC News

‘The jury in the trial of former Manchester United player Ryan Giggs has been discharged after failing to reach verdicts on any of the charges.’

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BBC News, 31st August 2022

Source: www.bbc.co.uk

Construction of sports facility paused following judicial review challenge to council approval – Local Government Lawyer

Posted August 31st, 2022 in judicial review, local government, news, planning, sport by sally

‘The High Court has given the go-ahead for a judicial review challenge over West Berkshire Council’s decision to grant planning permission for the development of a new sports hub in Newbury.’

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Stephen Port: murder victims’ families say Met ‘insensitive’ to make settlements public – The Guardian

‘The Metropolitan police have been accused of “insensitivity” over their announcement that they have settled compensation claims with relatives of some of the victims murdered by the serial killer Stephen Port.’

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The Guardian, 30th August 2022

Source: www.theguardian.com

Half of all court cases over breach of anti-social behaviour injunction end with defendant imprisoned, new data shows – Local Government Lawyer

“Almost half of all cases concerning civil injunction breaches brought to court by social housing providers and councils since the first lockdown have resulted in a prison sentence, according to a report from the Bureau of Investigative Journalism.”

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Persil advert banned for misleading green claims – BBC News

Posted August 31st, 2022 in advertising, complaints, environmental protection, news, ombudsmen by sally

‘Unilever’s advert for one of its laundry detergents, Persil, has been banned for being misleading about its environmental benefits.’

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BBC News, 31st August 2022

Source: www.bbc.co.uk

Immigrants And Asylum Seekers Locked In Cells For Up To 24 hrs Without Legal Representation – Each Other

Posted August 31st, 2022 in asylum, detention, immigration, legal representation, news, prisons by sally

‘People held in Immigration Removal Centres (IRC) have long been entitled to 30 minutes of free immigration legal advice but this does not extend to people held under the immigration act in prisons.’

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Each Other, 30th August 2022

Source: eachother.org.uk

Conservationists seek judicial review of UK sewage discharge plan – The Guardian

‘The UK government’s plan to cut millions of hours of raw sewage discharges by water companies each year is facing a judicial review on the grounds that it is unlawful.’

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The Guardian, 31st August 2022

Source: www.theguardian.com