Author: sally

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

Posted February 24th, 2021 in constitutional law, coronavirus, criminal justice, disclosure, emergency powers, forgery, government departments, imprisonment, news, parliament, rule of law, sentencing by sally

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

Victims of human trafficking: can they be criminals as well? – EIN Blog

Posted February 24th, 2021 in appeals, children, criminal justice, drug offences, human rights, immigration, news, trafficking in human beings, victims, young offenders by sally

‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

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EIN Blog 24th February 2021

Source: www.ein.org.uk

Birmingham anti-crime worker jailed for sex offences – BBC News

Posted February 24th, 2021 in abuse of position of trust, child abuse, children, imprisonment, indecent photographs of children, news, school children, sentencing, sexual offences by sally

‘A man who worked in schools to steer young people away from crime has been jailed for sexual offences against children.’

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BBC News, 23rd February 2021

Source: www.bbc.co.uk

The PPE procurement case: transparency missed in both politics and law – Transparency Project

Posted February 24th, 2021 in coronavirus, government departments, judicial review, news, public procurement by sally

‘Last week the High Court made a widely publicised decision declaring that a government minister and his department had acted unlawfully in relation to the award of PPE procurement contracts in the early weeks of the pandemic. The case is called R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin). It’s of particular interest to us because it’s all about transparency.’

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Transparency Project, 23rd February 2021

Source: www.transparencyproject.org.uk

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

Posted February 24th, 2021 in appeals, criminal justice, disclosure, foreign jurisdictions, fraud, investigatory powers, news, Serious Fraud Office, Supreme Court by sally

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

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UKSC Blog, 24th February 2021

Source: ukscblog.com

Rape social media posts: How speaking out got twin sisters sued – BBC News

Posted February 24th, 2021 in anonymity, damages, defamation, disclosure, Ministry of Justice, news, rape, sexual offences, victims by sally

‘Two sisters say they’ve been silenced by the man they reported for sexual assault after he sued them for talking about what happened.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

Man who sent antisemitic tweets on holiday avoids UK prosecution – The Guardian

Posted February 24th, 2021 in bills, foreign jurisdictions, internet, Judaism, malicious communications, news, racism by sally

‘A trainee teacher has avoided a criminal record for sending antisemitic tweets to a Jewish journalist because he was on holiday abroad at the time, with the judge declaring that “the law prohibits me from punishing you”.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

Solicitor failed to check whether jailed client wanted to sell property – Legal Futures

Posted February 24th, 2021 in disciplinary procedures, families, fines, imprisonment, land registration, news, prisons, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A veteran solicitor did not confirm that his imprisoned client had given instructions to transfer a £300,000 property to his mother, with the client claiming after it happened that he knew nothing about it, a tribunal has heard.’

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Legal Futures, 24th February 2021

Source: www.legalfutures.co.uk

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

Posted February 24th, 2021 in abuse of process, appeals, bereavement, claims management, disclosure, families, land registration, news by sally

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

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Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Victims’ law call amid falling confidence in criminal justice – BBC News

Posted February 24th, 2021 in codes of practice, criminal justice, Ministry of Justice, news, victims by sally

‘The victims’ commissioner for England and Wales has called for a law to ensure people affected by crime are treated properly as they wait for justice.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

Ex-MP cleared of sexual harassment after complainant’s appeal dismissed – The Guardian

Posted February 24th, 2021 in appeals, disciplinary procedures, harassment, news, parliament, professional conduct, sexual offences by sally

‘A former MP has been cleared of sexual harassment alleged to have taken place several years ago in a House of Commons bar, in the first ruling by a new body set up to investigate potential misbehaviour by parliamentarians.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

High Court strikes out bid by councils to rescind loans from Barclays following ‘LIBOR’ rigging affair – Local Government Lawyer

Posted February 24th, 2021 in banking, damages, fraud, loans, local government, misrepresentation, news, striking out by sally

‘A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Covid: Scarborough woman jailed for coughing at police – BBC News

Posted February 24th, 2021 in assault, compensation, coronavirus, emergency services, imprisonment, news, police, sentencing by sally

‘A woman who deliberately coughed at police investigating a breach of coronavirus restrictions has been jailed for four months.’

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BBC News, 23rd February 2021

Source: www.bbc.co.uk

Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour – Garden Court Chambers

Posted February 19th, 2021 in chambers articles, children, families, housing, judicial review, local government, news by sally

‘The Claimant lived with her three adult children, one of whom (Zakiya) had cerebral palsy and learning difficulties. Due to her disabilities, Zakiya needed to live in a property with various adaptations, including a level-access shower, access to stairs with bilateral handrails, and (preferably) a downstairs toilet.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Committal for contempt: CPR Part 81 and recent cases – Guildhall Chambers

Posted February 19th, 2021 in chambers articles, civil procedure rules, contempt of court, news by sally

‘As Foxton J observed in Integral Petroleum SA v Petrogat FZE [2020] EWHC 558 (Comm) at [26], applications for committal for contempt of court have become an increasingly common feature of High Court litigation, particularly in the Business and Property Courts.’

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Guildhall Chambers, 12th February 2021

Source: www.guildhallchambers.co.uk

Contentious Wills & Probate Part III – Parklane Plowden Chambers

Posted February 19th, 2021 in chambers articles, forfeiture, news, probate, wills by sally

‘Last year there were two reported decisions in respect of the forfeiture rule. These are worth mention given the rarity of reported cases in this area.’

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Parklane Plowden Chambers, 17th February 2021

Source: www.parklaneplowden.co.uk

Environmental Law News Update – Six Pump Court

Posted February 19th, 2021 in bills, chambers articles, delay, energy, environmental health, environmental protection, news, waste by sally

‘In this latest Environmental Law News Update, Charles Morgan, Noémi Byrd and Mark Davies consider a recent case involving the application of Energy National Policy Statements to nationally significant infrastructure projects, developments on legislation to curb sewage overflows and further delays for the Environment Bill.’

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Six Pump Court, 5th February 2021

Source: www.6pumpcourt.co.uk

Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers

Posted February 19th, 2021 in appeals, benefits, chambers articles, expert witnesses, government departments, news, trafficking in human beings, victims by sally

‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Directors’ duties to disclose conflicts of interest: Fairford Water Ski Club v Cohoon & Craig Cohoon Watersports [2021] EWCA Civ 143 – Guildhall Chambers

Posted February 19th, 2021 in appeals, chambers articles, company directors, conflict of interest, disclosure, fees, news, statutory interpretation by sally

‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’

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Guildhall Chambers, 15th February 2021

Source: www.guildhallchambers.co.uk

Contentious Wills & Probate Case Law Roundup 2020: Part II – Parklane Plowden Chambers

Posted February 19th, 2021 in chambers articles, news, probate, wills by sally

‘Two validity cases in particular stood out last year and both turned on whether or not a testator suffered from “insane delusions” rendering their wills invalid. There are fewer reported cases giving guidance on this strand of the Banks v Goodfellow test (most cases I deal with revolve around old age psychiatry) so these recent cases are worth some scrutiny.’

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Parklane Plowden Chambers, 12th February 2021

Source: www.parklaneplowden.co.uk