Author: sally

Perils of going against officer advice – Law Society’s Gazette

Posted July 20th, 2021 in agriculture, areas of outstanding natural beauty, environmental protection, news, planning, reasons by sally

‘Skiing off-piste is dangerous. Reasons include instability of snow, hidden rocks and cliff edges and inaccessibility. Similarly, if local authority planning committee members go ‘off-piste’ in determining an issue against officer recommendations, without giving intelligible and adequate reasons for doing so, their decision risks a fatal crash in the High Court. So on 21 May 2021 Mrs Justice Tipples quashed planning consent given by Cornwall County Council for the development of a detached two-storey agricultural dwelling with garage and parking in the Rame Head area of outstanding natural beauty (AONB) against officer recommendations. This was because the council ‘was under a common law duty to give reasons for the grant of planning permission’ and it was ‘a case where the defects in reasons go to the heart of the justification for permission and undermine its validity.’ The case in question was R (Cross) v Cornwall Council [2021] EWHC 1323 (Admin).’

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Law Society's Gazette, 19th July 2021

Source: www.lawgazette.co.uk

Ep147: Vicarious Trauma in the Legal Profession – Law Pod UK

Posted July 20th, 2021 in legal profession, mental health, news, podcasts by sally

‘In Episode 147 Emma-Louise Fenelon speaks to Rachel Francis and Joanna Fleck about their book Vicarious Trauma in the Legal Profession.’

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Law Pod UK, 19th July 2021

Source: audioboom.com

RROs – late payments, rent arrears and deposits considered by the Upper Tribunal – Nearly Legal

Posted July 20th, 2021 in deposits, landlord & tenant, news, rent, repayment by sally

‘An Upper Tribunal appeal decision on a Rent Repayment Order decision that raised three issue. t”he treatment of payments made by a tenant after the landlord has stopped committing the relevant housing offence, but in respect of rent arrears which fell due while the offence was being committed; secondly, the treatment of rent deposits; and thirdly, whether the failure of the tenant to pay rent and the existence of substantial arrears are matters of conduct which can properly be taken into account when considering the amount to be repaid.”’

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Nearly Legal, 18th July 2021

Source: nearlylegal.co.uk

Appeal court quashes 12 more convictions in Post Office IT scandal – The Guardian

Posted July 20th, 2021 in appeals, computer programs, false accounting, fraud, news, postal service by sally

‘The court of appeal has cleared 12 more former post office operators who were wrongly convicted of offences because of the Post Office’s defective Horizon IT system.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

With the Nationality and Borders Bill, the UK is choosing cruelty over morality – EIN Blog

Posted July 20th, 2021 in asylum, bills, citizenship, immigration, news, refugees by sally

‘Immigration is currently dominated by the effects of the ever-growing number of individuals being displaced from their home countries across the world. For countries such as the UK, we have a responsibility to aid these people and offer support for the simple reason that we have the capacity and resources to do so. Despite this, governments have turned the act of seeking refuge into the political zeitgeist of our time; forcing ministers to decide whether to assist the vulnerable or to close the gates to those who desperately need entry.’

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EIN Blog, 19th July 2021

Source: www.ein.org.uk

Inaccessible Venues Are Infringing On Disability Rights – Each Other

Posted July 20th, 2021 in disability discrimination, disabled persons, equality, human rights, news, theatre by sally

‘Popular West End musical Six has drawn criticism from disability activists after announcing that it is moving from the Lyric Theatre to the Vaudeville theatre, which lacks accessible facilities for disabled people.’

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Each Other, 16th July 2021

Source: eachother.org.uk

Writing fake online reviews could be made illegal – BBC News

Posted July 20th, 2021 in competition, consumer protection, electronic commerce, internet, news, unfair commercial practices by sally

‘A plan to crack down on online rip-offs including making it illegal for people to write or host fake reviews has been outlined by the government.’

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BBC News, 19th July 2021

Source: www.bbc.co.uk

UK bus privatisation breached basic rights, says ex-UN rapporteur – The Guardian

Posted July 20th, 2021 in contracting out, news, reports, transport by sally

‘Britain’s bus services outside London were so damaged by privatisation that people were unable to access basic needs such as work, education and healthcare, according to a scathing report by the former UN special rapporteur on human rights.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

Child sex offender loses appeal based on inadequate legal advice – Legal Futures

Posted July 8th, 2021 in appeals, child abuse, children, guilty pleas, internet, legal advice, news, police, sexual offences by sally

‘The Court of Appeal has rejected the claim that a man convicted of a sexual offence after a police officer posed online as a child was given inadequate legal advice.’

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Legal Futures, 8th July 2021

Source: www.legalfutures.co.uk

Family Court judge issues ruling to highlight successful use of “Resolutions Model” – Local Government Lawyer

Posted July 8th, 2021 in care orders, child cruelty, children, families, family courts, local government, news by sally

‘A mother and daughter have been reunited under the rarely used ‘Resolutions Model’ by the Family Court.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Police bill risks criminalising homeless people, warn UK charities – The Guardian

Posted July 8th, 2021 in bills, charities, criminal justice, government departments, homelessness, news, travellers, trespass by sally

‘Leading homelessness charities have made an unprecedented joint plea to UK ministers to reconsider the police and crime bill, warning it could in effect criminalise large numbers of people simply for being homeless.’

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The Guardian, 8th July 2021

Source: www.theguardian.com

Rebekah Vardy gets partial win in Coleen Rooney libel battle – BBC News

Posted July 8th, 2021 in damages, defamation, internet, media, news, sport by sally

‘Rebekah Vardy has successfully had parts of Coleen Rooney’s defence thrown out by a judge, in the latest stage of their libel battle.’

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BBC News, 7th July 2021

Source: www.bbc.co.uk

Changing the picture: diversity at silk level – Counsel

Posted July 8th, 2021 in barristers, diversity, equality, news, queen's counsel, race discrimination, statistics by sally

‘Exclusive statistical analysis: Barbara Mills QC outlines how the deeply unhelpful, homogenous BAME acronym is masking the true extent and systemic nature of the Bar’s diversity problem.’

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Counsel, July 2021

Source: www.counselmagazine.co.uk

The Lachaux libel case returns with an expensive result for the publishers – Transparency Project

Posted July 8th, 2021 in burden of proof, damages, defamation, domestic violence, families, family courts, media, news by sally

‘This post is not about family law; it’s about defamation law. It involves alleged behaviour by a husband (Bruno Lachaux) to his wife (Afsana Lachaux). Since their separation, Mr and Mrs Lachaux have been involved in litigation in the family court which we wrote about in September last year. That litigation involved both financial matters and children matters. There was also a separate ongoing libel case brought by Mr Lachaux regarding a number of publications about his marriage. Mrs Lachaux was not a party in the libel case.’

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Transparency Project, 7th July 2021

Source: www.transparencyproject.org.uk

Social Worker awarded damages in Strasbourg for unfair accusations of professional misconduct – UK Human Rights Blog

Posted July 8th, 2021 in appeals, child abuse, children, compensation, costs, damages, defamation, families, family courts, human rights, joint enterprise, local government, news, professional conduct, sexual offences, social services by sally

‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’

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UK Human Rights Blog, 7th July 2021

Source: ukhumanrightsblog.com

Stay of proceedings in consequence of restructuring plan – Mills & Reeve

Posted July 8th, 2021 in chambers articles, debts, housing, landlord & tenant, news, rent, stay of proceedings by sally

‘A restructuring plan to compromise certain landlord claims was allowed to proceed without being impeded by judgment being entered on a landlord’s claim for arrears.’

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Mills & Reeve, 7th July 2021

Source: www.mills-reeve.com

Epidemic of violence against women under way in England and Wales – report – The Guardian

Posted July 8th, 2021 in criminal justice, domestic violence, local government, news, police, sexual offences, statistics, victims, women by sally

‘Women and girls are being subjected to an epidemic of violence that requires a “radical and bold” shift in how authorities in England and Wales tackle crimes that disproportionately affect female victims, a police watchdog has warned.’

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The Guardian, 7th July 2021

Source: www.theguardian.com

Volume of laws makes it impossible for local authorities to enforce them, warn private landlords – Local Government Lawyer

Posted July 8th, 2021 in bills, building law, enforcement, health & safety, housing, landlord & tenant, local government, news by sally

‘Private landlords have complained that there will be 168 pieces of legislation governing their relations with tenants once the new Building Safety Bill passes through Parliament.’

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Local Government Lawyer, 8th July 2021

Source: www.localgovernmentlawyer.co.uk

Woman speaks out over Elvis performer rape ordeal – BBC News

Posted July 8th, 2021 in anonymity, imprisonment, news, rape, sentencing, sexual offences, victims, young persons by sally

‘A woman raped by an Elvis impersonator when she was a 15-year-old dancer has said “he no longer controls her life” after he was finally put behind bars.’

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BBC News, 7th July 2021

Source: www.bbc.co.uk

Three members of Stockwell Six cleared after nearly 50 years – The Guardian

Posted July 8th, 2021 in appeals, corruption, miscarriage of justice, misfeasance in public office, news, police, professional conduct, robbery by sally

‘Three innocent black men who were jailed nearly 50 years ago over a corrupt police officer’s claims they tried to rob him have had their convictions overturned by the court of appeal.’

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The Guardian, 6th July 2021

Source: www.theguardian.com