Crime: Thieves, robbers and burglars to be fitted with GPS tags – BBC News
‘Prolific burglars, robbers and thieves are to be tagged with GPS trackers in a bid to stop them reoffending.’
BBC News, 17th March 2021
Source: www.bbc.co.uk
Author: sally
Court can order solicitor to attend wasted costs cross-examination – Litigation Futures
‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’
Litigation Futures, 11th March 2021
Source: www.litigationfutures.com
Sarah Everard: Court challenge over Clapham vigil ban – BBC News
‘Organisers of a vigil in response to the disappearance of Sarah Everard are going to the High Court after police said gatherings would be “unlawful”.’
BBC News, 12th March 2021
Source: www.bbc.co.uk
Convicted robber jailed for murdering woman he met on dating site – The Guardian
‘A convicted armed robber who strangled, battered and stabbed a woman to death after meeting her on a dating site has been sentenced to life in prison.’
The Guardian, 11th March 2021
Source: www.theguardian.com
Stonehenge, religious manifestation and the ECHR: Halcrow – Law & Religion UK
‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’
Law & Religion UK, 11th March 2021
Source: lawandreligionuk.com
High court rejects bid to extend UK’s EU settlement scheme – The Guardian
‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’
The Guardian, 11th March 2021
Source: www.theguardian.com
The UK’s new medicines and medical devices regime – next steps – Mills & Reeve
‘The Medicines and Medical Devices Act has now become law. Much of the legislation simply sets up powers and frameworks for development of the UK’s regulatory system for medicines, veterinary medicines and medical devices. Importantly, Part 4 of the Act introduces a new enforcement regime for medical devices, replacing provisions currently scattered across other legislation.’
Mills & Reeve, 5th March 2021
Source: www.mills-reeve.com
Judge says recent case shows how exceptional circumstances must be if court is to use its power to dismiss care proceedings without having heard all the evidence – Local Government Lawyer
‘A Family Court judge has refused applications to dismiss care proceedings at a half-way stage made by a number of people accused of sexual offences against children.’
Local Government Lawyer, 12th March 2021
Source: www.localgovernmentlawyer.co.uk
Matthew Topham: Lottery winner sentenced over fatal crash – BBC News
‘A lottery winner who caused a fatal Christmas Day crash when he took his eyes off the road to find his young son’s teddy bear has avoided jail.’
BBC News, 11th March 2021
Source: www.bbc.co.uk
Insolvency Team – Recent Insolvency Case Update – Hardwicke Chambers
‘These case summaries first appeared in LexisNexis’ Insolvency Case Alerter. They represent some of the more interesting insolvency decisions to have been published recently.’
Hardwicke Chambers, 4th March 2021
Source: hardwicke.co.uk
Pondering the Imponderables: Future Loss of Earnings Claims Post-COVID – Ropewalk Personal Injury Blog
‘The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying the pre-COVID guidance, the extraordinary nature of those uncertainties creates too many imponderables for assessment using the standard multiplier/multiplicand basis. Conversely, the same uncertainties may make it easier for claimants to obtain Smith v Manchester awards and in higher amounts than before.’
Ropewalk Personal Injury Blog, 3rd March 2021
Source: www.ropewalk.co.uk
Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers
‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
Partners and Confiscation – Carmelite Chambers
‘Data from 2019 suggests that 26% of prosecutions brought against women, of which only 10% are for indictable offences. The same data indicates that women account for just 5% of the prison population.’
Carmelite Chambers, March 2021
Source: www.carmelitechambers.co.uk
Splitting liability between transferees: McTear & Mitie v Amey & Others – Cloisters
‘In McTear & Mitie v Amey & Others the Employment Appeal Tribunal held that the controversial decision of the CJEU in Govaerts applies in domestic law – including to Service Provision Changes (‘SPCs’) under TUPE. This means that the contract of employment of a given employee who transfers pursuant to a SPC may as a matter of law be split between multiple transferees.’
Cloisters, 2nd March 2021
Source: www.cloisters.com
Councils and other public bodies to be put under legal duty to share data and intelligence in cases of serious violence – Local Government Lawyer
‘A new legal duty is to be imposed on local authorities, the police, criminal justice agencies, health and fire and rescue services to share data and intelligence in cases concerning serious violence.’
Local Government Lawyer, 11th March 2021
Source: www.localgovernmentlawyer.co.uk
Max Taylor: Parliamentary Confirmation of Ministerial Nominations – UK Constitutional Law Association
‘In terms of government formation, there are two kinds of parliamentary system: “…countries where the government needs to win an investiture vote are said to have positive parliamentarism, while countries in which the government just needs to be tolerated by parliament are said to have negative parliamentarism”. By this definition, the UK has a negative parliamentary system (excepting s. 2(5), Fixed-Term Parliaments Act 2011): the Queen appoints the Prime Minister by inviting him to form a Government; and subsequent ministers are appointed by the Queen on the advice of the PM; but the House of Commons may move that it has no confidence in HM Government. Compared to a positive parliamentary system – e.g. Spain, where the appointment of the King’s prime ministerial nominee requires a successful vote of confidence by an absolute majority of the Congress of Deputies – a negative one has three disadvantages. These are that there is a democratic deficit in the Government; obscurity in a Government’s democratic mandate, under hung parliaments; and that there are inadequate checks and balances between the Government and Parliament.’
UK Constitutional Law Association, 11th March 2021
Source: ukconstitutionallaw.org
Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld – Garden Court Chambers
‘The comparators for damages for unlawful deprivation of liberty of persons lacking mental capacity are few. In Essex County Council v RF & others [2015] EWCOP 1, DJ Mort made a distinction between procedural and substantive breaches and where he found the local authority ‘totally inadequate and their failings significant’, assessed monthly damages between £3000 – £4000 over a period of at least 13 months. In the case of Emile, DJ Beckley awarded damages against the London Borough of Haringey for a period of almost 8 years’ unlawful deprivation of liberty in the sum of £143,000.00. The local authority was granted permission, out of time, to appeal. The decision of HHJ Saggerson was handed down on 18 December 2020.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer
‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’
Local Government Lawyer, 10th March 2021
Source: www.localgovernmentlawyer.co.uk
Fairness and Adjournments: Guidance from the Court of Appeal – No. 5 Chambers
‘In Bilta (UK) Ltd (in liquidation) & Others v Tradition Financial Services Ltd [2021] EWCA Civ 221 the Court of Appeal examined the principles to be applied when a party seeks an adjournment because a witness is unable to attend the trial due to ill-health.’
No. 5 Chambers, 4th March 2021
Source: www.no5.com
