New Judgment: Financial Conduct Authority v Arch Insurance (UK) Ltd and Ors [2021] UKSC 1 – UKSC Blog

‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’

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UKSC Blog, 15th January 2021

Source: ukscblog.com

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

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UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org

Solo 45 has jail term increased to 30 years on appeal – BBC News

Posted January 18th, 2021 in appeals, news, rape, sentencing, sexual offences, victims by sally

‘A grime artist convicted of repeatedly raping four women has had his jail sentence increased on appeal.’

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BBC News, 16th January 2021

Source: www.bbc.co.uk

Firms accused of putting workers’ lives at risk by bending lockdown trading rules – The Guardian

Posted January 18th, 2021 in coronavirus, employment, enforcement, health & safety, news, ombudsmen by sally

‘Irresponsible firms are exploiting looser lockdown regulations to bring thousands of non-essential workers into sometimes busy workplaces, with little chance of enforcement action by the nation’s safety watchdog.’

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The Guardian, 16th January 2021

Source: www.theguardian.com

Law Society calls for two-week pause of non-custodial Crown and Magistrates court work – Local Government Lawyer

‘The Law Society has called for urgent action including a possible two-week pause of non-custodial Crown and magistrates’ court work “amid escalating safety concerns”.’

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Local Government Lawyer, 15th January 2021

Source: www.localgovernmentlawyer.co.uk

Families of citizens dying after contact with police still await justice – The Guardian

‘Relatives of people who have died after contact with the police have told of their distrust in and dissatisfaction with the ability of the complaints system to help deliver justice.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

When is a wedding not a marriage? Exploring non-legally binding ceremonies – Law & Religion UK

Posted January 13th, 2021 in civil partnerships, Law Commission, marriage, news by sally

‘Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one?’

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Law & Religion UK, 12th January 2021

Source: lawandreligionuk.com

Drill and rap music on trial – BBC News

Posted January 13th, 2021 in artistic works, gangs, homicide, murder, news, violence by sally

‘Drill music has captured headlines since it started to emerge in the UK in 2012. With its often provocative lyrics, it’s been blamed by police for fuelling violence.’

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BBC News, 13th January 2021

Source: www.bbc.co.uk

‘Child spies’ bill could face Lords defeat as Tory peers rebel – The Guardian

‘Tory peers, bishops and crossbenchers could inflict defeat on the government after an outcry over new guidance which allows state agencies to use children as undercover spies as part of the government’s covert intelligence bill.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Criminal solicitors body warns members it is not safe to attend Magistrates’ courts – Local Government Lawyer

‘The London Criminal Courts Solicitors’ Association (LCCSA) has advised its members that it is not safe to continue to attend Magistrates’ courts.’

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Local Government Lawyer, 12th January 2021

Source: www.localgovernmentlawyer.co.uk

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

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Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

Mental Health Act reforms aim to tackle high rate of black people sectioned – The Guardian

‘Reforms to the Mental Health Act will help tackle the disproportionate number of black people sectioned, the government has announced.’

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The Guardian, 13th January 2021

Source: www.theguardian.com

Abuse of Process – Credit hire brought outside of the MOJ portal – Poku v Abedin – Park Square Barristers

Posted January 13th, 2021 in abuse of process, appeals, chambers articles, damages, news, personal injuries by sally

‘This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for credit hire was struck out on the grounds that the claim was as an abuse of process. The Claimant had previously raised and settled a personal injury claim through the RTA Portal not including the credit hire charges. The appeal was heard on the 8th October 2020 before Her Honour Judge Backhouse sitting in the RCJ.’

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Park Square Barristers, 6th January 2021

Source: www.parksquarebarristers.co.uk

Covid: Couple fined for seven-mile trip to care home – BBC News

Posted January 13th, 2021 in care homes, coronavirus, enforcement, families, fines, freedom of movement, news, police by sally

‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

Credit where credit’s due? A ‘likely’ story – Carmelite Chambers

‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers

‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’

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Hardwicke Chambers, 8th January 2021

Source: hardwicke.co.uk

Work Rights in the Nursery: Au pairs entitled to the NMW (but in respect of which hours?) – Littleton Chambers

Posted January 12th, 2021 in EC law, employment tribunals, equal pay, minimum wage, news, women, working time by sally

‘The employment tribunal has disapplied the “family worker” exemption, in effect holding that au pairs and other domestic workers who live in the home are entitled to the protections of the National Minimum Wage (“NMW”) regime. If this tribunal decision stands, it gives rise to another significant question: which hours should count towards the NMW for domestic workers?’

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Littleton Chambers, 4th January 2021

Source: littletonchambers.com

Anonymous witness evidence and the right to a fair trial – Carmelite Chambers

Posted January 12th, 2021 in anonymity, criminal procedure, evidence, news, witnesses by sally

‘Anonymous witness orders are most commonly sought by the prosecution in cases involving undercover police officers. There are outliers however, cases of complexity that call for closer attention, particularly those involving allegations or fears of witness intimidation.’

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Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers

Posted January 12th, 2021 in divorce, foreign jurisdictions, marriage, news, service, time limits by sally

‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’

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Pump Court Chambers, 8th January 2021

Source: www.pumpcourtchambers.com

Council provided “object lesson” in how not to respond to JR – Litigation Futures

Posted January 12th, 2021 in disabled persons, housing, judicial review, local government, news by sally

‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’

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Litigation Futures, 12th January 2021

Source: www.litigationfutures.com