Mental health tests in the presence of counter-terror units ‘unethical’, says charity – The Guardian

‘Mental health assessments are being conducted in the presence of police in little-known hubs that embed nurses and psychologists with counter-terrorism units, raising “serious ethical concerns”, a medical charity has said.’

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The Guardian, 19th May 2021

Source: www.theguardian.com

Councils could be owed “hundreds of millions of pounds” in business rates following Supreme Court ruling – Local Government Lawyer

Posted May 19th, 2021 in appeals, leases, local government, news, rates, statutory interpretation by sally

‘Local authorities could be in line for hundreds of millions of pounds in business rates following last week’s landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.’

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Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

Misdiagnosis case update – Transparency Project

‘The purpose of this judgment is to approve and formalise the local authority’s decision to withdraw its application for care orders, following receipt of medical evidence that the baby did not suffer any non-accidental injury. As the judge points out, the local authority acted correctly in taking proceedings when it did, on the basis of earlier medical evidence (now known to be mistaken), and has also acted correctly in asking the court to agree to end the proceedings on the basis of the new, more specialist, evidence.’

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Transparency Project, 18th May 2021

Source: www.transparencyproject.org.uk

Ex-prosecutor Nazir Afzal to lead Catholic Church child abuse body – BBC News

‘The former chief crown prosecutor in the Rochdale grooming gang cases has been appointed as the chairman of the Catholic Church’s new safeguarding body in England and Wales.’

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BBC News, 18th May 2021

Source: www.bbc.co.uk

Anger as Patel delays publication of report into private detective’s murder – The Guardian

‘The home secretary has ordered that an independent report on claims murderers were shielded by police corruption and claims of corruption in Rupert Murdoch’s media empire must be vetted by her department before its publication.’

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The Guardian, 18th May 2021

Source: www.theguardian.com

Domestic abuse: Swansea man jailed for murdering partner – BBC News

Posted May 18th, 2021 in domestic violence, murder, news, sentencing by sally

‘A man has been jailed for life for battering his partner to death in a “ferocious and merciless” attack.’

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BBC News, 17th May 2021

Source: www.bbc.co.uk

Extortionist visa application fees caused “colossal interference” with Windrush victim’s right to family life – EIN Blog

Posted May 18th, 2021 in families, fees, human rights, immigration, news, visas by sally

‘Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 but was forcibly removed by her father to Trinidad in 1977. The Home Office’s failure to document her lawful immigration status meant that she was unable to return to the UK for 41 years, when she was finally granted leave to remain pursuant to the Windrush scheme in 2018. However, the Home Office demanded £22,909 in application fees from her husband and five children (including two minors) and refused to consider their entry visa applications under the Windrush scheme. But the family did not have the £22,909 to pay the Home Office. Sitting as a Deputy High Court Judge, Mr Tim Smith held that the SSHD committed “a colossal interference” in Mrs Mahabir’s right to family life because she either had to forego the remedies the executive had put in place with the express intention of remedying the injustice suffered by her and others like her, or else she had to break up the family. Notably, she broke up the family, hoping that it was only temporary, but in the process she suffered the “colossal interference” with her right to family life identified by Lord Wilson in R (Quila) v SSHD [2012] 1 AC 621. The court noted that by 2018 heartbreaking accounts of the Windrush scandal were reported in the media. The plight of Windrush victims was well known indeed, and these events marked a racist epoch in British history.’

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EIN Blog, 17th May 2021

Source: www.ein.org.uk

Babes in Wood: Killer’s ex-partner delays justice with lie – BBC News

Posted May 18th, 2021 in murder, news, perjury, perverting the course of justice by sally

‘The “Babes in the Wood” murders of nine-year-old schoolgirls Karen Hadaway and Nicola Fellows cast a shadow over a Brighton estate for decades, but the fight for justice didn’t end with Russell Bishop’s conviction in 2018. It is now known his ex-partner Jennifer Johnson lied to keep him out of jail.’

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BBC News, 18th May 2021

Source: www.bbc.co.uk

Court rejects appeal from solicitor struck off for gross overcharging – Legal Futures

Posted May 18th, 2021 in costs, disciplinary procedures, executors, news, remuneration, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off after charging an estate where he was sole executor over eight times the reasonable remuneration to which he was entitled under the will.’

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Legal Futures, 18th May 2021

Source: www.legalfutures.co.uk

University lecturer jailed for sex assault on student – BBC News

Posted May 18th, 2021 in assault, guilty pleas, news, sentencing, sexual offences by sally

‘A university lecturer has been jailed for sexually assaulting a student as she walked home from a pub.’

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BBC News, 18th May 2021

Source: www.bbc.co.uk

Divisional Court hands down key ruling on interaction of diplomatic immunity and child protection – Local Government Lawyer

Posted May 18th, 2021 in care orders, children, diplomats, human rights, immunity, local government, news by sally

‘The Divisional Court has rejected an application by a council concerned about the welfare of children of a diplomat for a declaration that the Vienna Convention on Diplomatic Relations (VCDR) breaches Articles 3 or 6 of the European Convention on Human Rights.’

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Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

High Court upholds judgment on law firms’ unpaid fees – Legal Futures

Posted May 18th, 2021 in default judgments, fees, law firms, news by sally

‘The High Court has rejected a challenge to a judgment in default obtained by two law firms whose retainers were terminated by a Swiss company, leaving Carpmaels & Raynsford with unpaid fees of €201,000 (£172,000) and Collyer Bristow with £320,000.’

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Legal Futures, 18th May 2021

Source: www.legalfutures.co.uk

Jonathan Plummer: PCSO jailed over indecent images of children – BBC News

‘A police community support officer has been jailed for making, possessing and distributing indecent images of children.’

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BBC News, 17th May 2021

Source: www.bbc.co.uk

Judicial guidance on DBAs – Law Society’s Gazette

Posted May 17th, 2021 in appeals, costs, damages, fees, legal representation, news, solicitors by sally

‘In Zuberi v Lexlaw Ltd [2021] EWCA Civ 16, the Court of Appeal has provided important guidance on the nature of damages-based agreements (DBAs). By way of reminder, a DBA is a funding arrangement between a lawyer and a client whereby the lawyer’s fees are dependent upon the success of the case and are determined as a percentage of the damages received by the client. Under a DBA, a lawyer may not recover costs more than the total amount chargeable to the client under the DBA, and will not receive anything in the event that the case is unsuccessful. It should be noted that regulation 4(1) of the Damages-Based Agreements Regulations 2013 does not permit legal representatives to charge costs and expenses if the client terminates the retainer, whereas regulation 8 (which applies only to employment matters) does. This apparent conflict was considered in Zuberi.’

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Law Society's Gazette, 17th May 2021

Source: www.lawgazette.co.uk

New Judgment: Hurstwood Properties (A) Ltd and Ors v Rossendale Borough Council and Anor [2021] UKSC 16 – UKSC Blog

Posted May 17th, 2021 in appeals, local government, news, rates, Supreme Court by sally

‘The Supreme Court has unanimously allowed this appeal concerning liability to pay non-domestic rates for periods when unoccupied properties have been leased to special purpose vehicle companies (“SPVs”).’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

LB Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) – Radcliffe Chambers

‘On 12 May Nicklin J handed down judgment in LB Barking and Dagenham & Ors v Persons & Ors [2021] EWHC 1201 (QB), in which Traveller Injunctions and the issue of whether final injunctions against Persons Unknown bind only the parties to the proceedings and not ‘newcomers’ was considered. Caroline Bolton and Natalie Pratt appeared on behalf of eight of the Claimant Local Authorities.’

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Radcliffe Chambers, 13th May 2021

Source: radcliffechambers.com

‘Significant development’ need not be specific for budget revision – Litigation Futures

Posted May 17th, 2021 in budgets, case management, compensation, damages, news, personal injuries by sally

A ‘significant development’ in litigation requiring a budget to be revised need not be a specific event at a specific time, a Queen’s Bench master has ruled.

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Litigation Futures, 14th May 2021

Source: www.litigationfutures.com

Rape victims in England and Wales to give video evidence to boost convictions – The Guardian

‘Rape victims in England and Wales will be able to provide their evidence on video prior to a trial to help improve conviction rates, it is understood.’

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The Guardian, 17th May 2021

Source: www.theguardian.com

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Tooth [2021] UKSC 17 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning issues surrounding the Taxes Management Act 1970.’

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UKSC Blog, 14th May 2021

Source: ukscblog.com

Barrister reprimanded for talking to lay opponent without their lawyer – Legal Futures

‘A barrister whose actions in speaking to the opposing lay client in the absence of their lawyer led a court to adjourn a hearing has been sanctioned by a disciplinary tribunal.’

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Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk