Author: sally

Mark K Heatley: The Implications of the Hertfordshire County Council Case for Local Democracy – UK Constitutional Law Association

Posted June 2nd, 2021 in constitutional law, coronavirus, internet, local government, news, statutory interpretation by sally

‘The High Court recently delivered its judgment in the case of Hertfordshire County Council v Secretary of State for Housing, Communities and Local Government, finding that remote meetings of local councils could not continue after 7 May 2021. This article looks at the decision and considers its impact for future local democracy.’

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UK Constitutional Law Association, 2nd June 2021

Source: ukconstitutionallaw.org

Welwyn Garden City murder: Alex Staines jailed for life – BBC News

Posted June 2nd, 2021 in coercive & controlling behaviour, domestic violence, families, harassment, imprisonment, murder, news, sentencing by sally

‘An abusive and controlling man who stabbed his former partner to death in her home while her three children were in the house has been jailed for life.’

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BBC News, 1st June 2021

Source: www.bbc.co.uk

Officers accused of sexual abuse must face investigation, says police chief – The Guardian

Posted June 2nd, 2021 in conflict of interest, disciplinary procedures, domestic violence, news, police, professional conduct, sexual offences, statistics, women by sally

‘All serving police officers accused of domestic or sexual abuse should face misconduct hearings as well as criminal investigations, according to the most senior police officer for domestic abuse in England and Wales.’

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The Guardian, 2nd June 2021

Source: www.theguardian.com

Digital forensics experts prone to bias, study shows – The Guardian

Posted June 1st, 2021 in bias, computer programs, evidence, expert witnesses, news by sally

‘Devices such as phones, laptops and flash drives are becoming increasingly central to police investigations, but the reliability of digital forensics experts’ evidence has been called into question.’

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The Guardian, 31st May 2021

Source: www.theguardian.com

Court of Appeal tells parties: Don’t ignore our suggestion to mediate – Litigation Futures

Posted June 1st, 2021 in appeals, contracts, dispute resolution, news by sally

‘The Court of Appeal has criticised the failure of parties to heed its “strong” encouragement to resolve their dispute by mediation.’

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Litigation Futures, 28th May 2021

Source: www.litigationfutures.com

Social media and the law: Could your next tweet get you in trouble? – BBC News

Posted June 1st, 2021 in defamation, internet, malicious communications, news by sally

‘Some people use Twitter to live tweet Love Island. Others use it to complain that their Deliveroo order arrived cold.’

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BBC News, 29th May 2021

Source: www.bbc.co.uk

“An end to greedy opportunism” – whiplash reforms finally go live – Legal Futures

Posted June 1st, 2021 in electronic filing, news, personal injuries, road traffic, small claims by sally

‘The Civil Liability Act reforms went live yesterday with the government promising an end to “greedy opportunism” while claimant representatives deemed it a “sad day for justice”.’

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Legal Futures, 1st June 2021

Source: www.legalfutures.co.uk

Eviction ban: A million are in fear of losing their homes, charity says – BBC News

Posted June 1st, 2021 in coronavirus, news, rent, repossession, stay of proceedings by sally

‘As England’s coronavirus eviction ban comes to an end on Monday, around a million households fear losing their homes, a charity says.’

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BBC News, 31st May 2021

Source: www.bbc.co.uk

Refugee women and children ‘at risk of being abandoned’ in Home Office policy shift – The Guardian

Posted June 1st, 2021 in children, immigration, news, refugees, women by sally

‘Thousands of women and child refugees will be abandoned if the government’s New Plan for Immigration goes ahead, according to research.’

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The Guardian, 1st June 2021

Source: www.theguardian.com

Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 – Hardwicke Chambers

Posted May 26th, 2021 in appeals, chambers articles, company directors, company law, conflict of interest, disclosure, news by sally

‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’

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Hardwicke Chambers, 11th May 2021

Source: hardwicke.co.uk

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

Posted May 26th, 2021 in appeals, chambers articles, conspiracy, drug offences, drug trafficking, evidence, expert witnesses, forced labour, news, trafficking in human beings, victims by sally

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk

The COVID Inquiry … About Time? – Carmelite Chambers

Posted May 26th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘Facing mounting pressure from a number of critics that his delays in implementing lockdowns [the first being imposed in March 2020] cost thousands of lives, the Prime Minister, Rt Hon Boris Johnson MP, on 12th May 2021 announced plans for a public inquiry into the government’s handling of the Covid pandemic, under the powers of the Inquiries Act 2005. It is due to commence in the Spring of 2022. Its terms of reference will not be announced until closer to its start.’

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Carmelite Chambers, 18th May 2021

Source: www.carmelitechambers.co.uk

Concussion lawsuits could threaten sports’ viability, warns minister – The Guardian

Posted May 26th, 2021 in compensation, damages, health & safety, news, personal injuries, sport by sally

‘The rise in concussion lawsuits threatens the financial viability of some sports, the sports minister has said. Speaking to the digital, culture, media and sport select committee, Nigel Huddleston also suggested some sports would have to adapt their rules to make them safer to avoid more lawsuits in the future.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

English court has ‘broad jurisdiction’ to grant access to documents – OUT-LAW.com

Posted May 26th, 2021 in documents, fraud, freedom of information, jurisdiction, media, news, third parties by sally

‘A recent decision by the High Court of England and Wales highlights the breadth of its jurisdiction to grant access to documents that have been referred to in a public hearing, according to experts at Pinsent Masons, the law firm behind Out-Law.’

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OUT-LAW.com, 25th May 2021

Source: www.pinsentmasons.com

Maidenhead far-right ‘extremist’ jailed for terrorism offences – BBC News

Posted May 26th, 2021 in imprisonment, news, sentencing, terrorism by sally

‘A “right-wing extremist” has been jailed for possessing manuals on knife fighting and making explosives.’

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BBC News, 25th May 2021

Source: www.bbc.co.uk

‘Time to buy’ bitcoin adverts banned in UK for being irresponsible – The Guardian

Posted May 26th, 2021 in advertising, banking, complaints, cryptocurrencies, news, ombudsmen by sally

‘An ad campaign telling the public that “it’s time to buy” bitcoin has been banned after the advertising watchdog ruled that it was irresponsible and misleading.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

Too soon for a reasonable preference – Nearly Legal

Posted May 26th, 2021 in families, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

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Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

Posted May 26th, 2021 in appeals, indemnities, interpretation, jurisdiction, law firms, news, non-disclosure agreements, restraint of trade, solicitors, Supreme Court by sally

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

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UKSC Blog, 25th May 2021

Source: ukscblog.com

Option for online exams to become permanent, SRA decides – Legal Futures

Posted May 26th, 2021 in coronavirus, examinations, internet, legal education, news, solicitors, Solicitors Regulation Authority by sally

‘Emergency measures allowing legal practice course (LPC) students to take their exams at home during the pandemic are to become permanent where there is a “clear rationale” to do so, the Solicitors Regulation Authority (SRA) has decided.’

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Legal Futures, 25th May 2021

Source: www.legalfutures.co.uk

Deleted police records were on outdated 1970s IT system – BBC News

Posted May 26th, 2021 in computer programs, criminal records, government departments, news, police by sally

‘Urgent reforms are needed after thousands of crime records were wrongly deleted from an outdated IT system developed in the 1970s, a report says.’

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BBC News, 24th May 2021

Source: www.bbc.co.uk