Number of judicial review challenges lodged against councils continued downward trend in 2020: Ministry of Justice – Local Government Lawyer

Posted March 10th, 2021 in judicial review, local government, Ministry of Justice, news, statistics by sally

‘The number of judicial review applications received by local authorities in 2020 was down slightly (2.8%) on the previous 12 months, Ministry of Justice data has revealed.’

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Local Government Lawyer, 9th March 2021

Source: www.localgovernmentlawyer.co.uk

Tougher sentences on menu in ‘restore confidence’ bill – Law Society’s Gazette

Posted March 10th, 2021 in bills, criminal justice, investigatory powers, news, police, sentencing by sally

‘Legislation aimed at ‘restoring confidence in the criminal justice system’ is to be unveiled in parliament today. According to a government statement, the Police, Crime, Sentencing and Courts Bill will equip the police with the powers and tools they need to protect themselves and the public, while overhauling sentencing laws to keep serious sexual and violent offenders behind bars for longer, and placing greater emphasis on rehabilitation to better help offenders to turn their lives around.’

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Law Society's Gazette, 9th March 2021

Source: www.lawgazette.co.uk

Partners and Confiscation – Carmelite Chambers

‘Richard Furlong and Alexandra Scott provide a brief guide to defending wives and partners in confiscation proceedings.’

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Carmelite Chambers, 10th March 2021

Source: www.carmelitechambers.co.uk

Shamima Begum and The Humpty Dumpty Supreme Court – Oxford Human Rights Hub

‘On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court judgment in the high-profile case of the British woman who left the UK as a 15-year-old girl to travel to Syria to join the so-called Islamic State, however, resulted in the Court effectively washing its hands of the case staying it until a full hearing can occur in future—a remote possibility. In the judgment, Lord Reed held the Court of Appeal was in error by substituting its own view of the balance to be struck between national security and the applicant’s rights. In so doing, the Court of Appeal did not give the Secretary of State’s assessment due respect. In this brief post, I wish to focus on a principal aspect of the Supreme Court’s judgment: the concept of deference.’

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Oxford Human Rights Hub, 8th March 2021

Source: ohrh.law.ox.ac.uk

Cardiff doctor sentenced for £68,000 fraud on NHS – BBC News

Posted March 10th, 2021 in doctors, fraud, news, sentencing, suspended sentences by sally

‘A doctor has been given a suspended sentence after he admitted defrauding the NHS out of nearly £68,000.’

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BBC News, 9th March 2021

Source: www.bbc.co.uk

Buckland raises judicial retirement age to 75 – Litigation Futures

Posted March 10th, 2021 in consultations, judiciary, Ministry of Justice, news, retirement, statistics by sally

‘The mandatory retirement age (MRA) for judges is to be raised from 70 to 75 to deal with shortfalls in judicial recruitment, the government has decided.’

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Litigation Futures, 9th March 2021

Source: www.litigationfutures.com

Stalking protection orders: Police ‘not using’ new powers to protect victims – BBC News

Posted March 10th, 2021 in enforcement, harassment, news, police, stalking, statistics, victims by sally

‘New powers to protect stalking victims are not being used by police, a BBC Wales investigation has found.’

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BBC News, 10th March 2021

Source: www.bbc.co.uk

Interim report reveals 400 submissions over UK gymnastics abuse – The Guardian

‘A review into abuse in British gymnastics has received submissions from nearly 400 people, with 39 cases considered so serious they have been passed to local authorities because of child safeguarding reasons or concerns of ongoing criminal conduct.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

MI5 policy allowing agents to commit crimes was legal, say judges – The Guardian

‘MI5’s partially secret policy of allowing agents to participate in serious crimes in pursuit of intelligence was legal, three court of appeal judges have concluded.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

The Cab Rank Rule – Oxford Human Rights Hub

‘In his blog for the Human Rights Hub, Edwin Cameron criticised Ms Dinah Rose QC, the President of Magdalen, for accepting the brief, in the Privy Council, to defend the Cayman Islands government’s law against same-sex marriage. Having long been one of my few judicial heroes, it is not easy for me to disagree with Edwin. However, on this point he is, with the greatest of respect, wrong.’

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Oxford Human Rights Hub, 7th March 2021

Source: ohrh.law.ox.ac.uk

Ellie’s Law: Parents of murdered girl win sentencing fight – BBC News

‘A mother who fought to change the law around murder says her daughter would be “very proud”.’

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BBC News, 9th March 2021

Source: www.bbc.co.uk

Quarter of women and girls have been abused by a partner, says WHO – The Guardian

Posted March 10th, 2021 in children, domestic violence, news, sexual offences, statistics, women, young persons by sally

‘Largest such study finds domestic violence experienced by one-in-four teenage girls with worst levels faced by women in their 30s.’

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The Guardian, 9th March 2021

Source: www.theguardian.com

Repeat homelessness applications and local connection – Garden Court Chambers

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

“You have reached your destination…”; Uber v. Aslam – Parklane Plowden Chambers

‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’

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Parklane Plowden Chambers, 26th February 2021

Source: www.parklaneplowden.co.uk

Coercive and Controlling Behaviours: How are they to be dealt with in fact finding hearings after the recent case of F v M? – Becket Chambers

‘Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case.’

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Becket Chambers, 3rd March 2021

Source: becket-chambers.co.uk

Forensic Science – Codes of Practice and Joint Statements – 2 Hare Court

‘Two new publications were issued by the Forensic Science Regulator (“FSR”) in February 2021.’

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2 Hare Court, 25th February 2021

Source: www.2harecourt.com

Covid and sentencing: a round-up of the relevant authorities – Doughty Street Chambers

‘The pandemic has inarguably made custody more severe. Prisoners spend more time in their cell, have fewer visits, and face a heightened risk of infection. The higher courts have established that sentencing courts should account for such hardship. The below is a round-up of the relevant authorities.’

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Doughty Street Chambers, 4th March 2021

Source: insights.doughtystreet.co.uk

The Domestic Abuse Bill, a step in the right direction? – Garden Court Chambers

‘The Domestic Abuse Bill received its second reading stage in the House of Lords on 5 January 2021. The government has indicated a commitment to improving the justice system’s effectiveness in providing protection for victims of domestic abuse and bringing perpetrators to justice.’

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Garden Court Chambers, 1st March 2021

Source: www.gardencourtchambers.co.uk

The Cab Rank Rule: English Barristers in Foreign Courts – 3 Hare Court

Posted March 5th, 2021 in barristers, chambers articles, foreign jurisdictions, news by sally

‘When the cab rank rule is no longer a defence: Matthew Happold on considerations when accepting instructions overseas.’

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3 Hare Court, 26th February 2021

Source: www.3harecourt.com

Practice Direction 27A and its application to financial proceedings – 3PB

‘The courts are increasingly referring to PD 27A and the necessity for compliance.’

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3PB, 26th February 2021

Source: www.3pb.co.uk