sally – Page 374 – Current Awareness

R(Ncube) v Brighton: “Everyone In” does exactly what it says on the tin – Nearly Legal

Posted March 17th, 2021 in asylum, benefits, homelessness, housing, local government, news by sally

‘The much-anticipated decision in R(Ncube) v Brighton and Hove City Council (2021) EWHC 578 (Admin) has arrived, confirming that in an emergency, “Everyone In” really does mean everyone. Mr Ncube was a rough sleeper and refused asylum seeker from Zimbabwe who sought accommodation from Brighton. The council found Mr Ncube ineligible for assistance because of his NRPF status, applying s.185 of the 1996 Act and the relevant secondary legislation. “NRPF” meaning someone with “no recourse to public funds” including the provision of temporary accommodation under Part VII of the Housing Act 1996 (the 1996 Act). From 30th November 2020 Mr Ncube was accommodated by the Home Office under s.4 of the Immigration and Asylum Act 1999 (the 1999 Act). Those powers state that the Secretary of State may provide accommodation where an asylum application has been refused, but there is an obstacle to the applicant returning to their country of origin.’

Nearly Legal, 15th March 2021

Source: nearlylegal.co.uk

CoP says vulnerable man should have Covid vaccine despite father’s objection – Law Society’s Gazette

Posted March 17th, 2021 in coronavirus, Court of Protection, disabled persons, families, learning difficulties, news, vaccination by sally

‘The Court of Protection has rejected pleas from a father that his clinically vulnerable son not be given the Covid-19 vaccine, in one of the first reported cases of its type.’

Law Society's Gazette, 15th March 2021

Source: www.lawgazette.co.uk

Police watchdog expands inquiry into death of Mohamud Hassan – The Guardian

Posted March 17th, 2021 in death in custody, disciplinary procedures, inquiries, news, ombudsmen, police, professional conduct by sally

‘The police watchdog has begun an investigation into another four police officers as part of its inquiry into the sudden death of a man shortly after being released from custody.’

The Guardian, 16th March 2021

Source: www.theguardian.com

Bill that curtails ability to protest in England and Wales passes second reading – The Guardian

Posted March 17th, 2021 in bills, criminal justice, demonstrations, news, parliament, police by sally

‘A landmark government crime bill has passed its first parliamentary hurdle, even as some Conservative MPs served notice that they might subsequently support amendments to water down controversial restrictions against protests.’

The Guardian, 16th March 2021

Source: www.theguardian.com

Crime: Thieves, robbers and burglars to be fitted with GPS tags – BBC News

Posted March 17th, 2021 in burglary, electronic monitoring, Ministry of Justice, news, pilot schemes, recidivists, robbery, statistics, theft by sally

‘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

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘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

Posted March 12th, 2021 in coronavirus, demonstrations, human rights, murder, news, women by sally

‘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

Posted March 12th, 2021 in imprisonment, murder, news, recidivists, robbery, sentencing by sally

‘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

Posted March 12th, 2021 in appeals, historic buildings, human rights, monuments, news, proportionality, religious discrimination, trespass by sally

‘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

Posted March 12th, 2021 in brexit, citizenship, deportation, EC law, government departments, immigration, judicial review, news by sally

‘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

Posted March 12th, 2021 in chambers articles, enforcement, medicines, news by sally

‘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

Posted March 12th, 2021 in care orders, child abuse, children, evidence, families, family courts, local government, news, sentencing by sally

‘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

Posted March 12th, 2021 in dangerous driving, news, sentencing, suspended sentences, unlawful killing by sally

‘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

Posted March 11th, 2021 in bankruptcy, chambers articles, insolvency, news by sally

‘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

Posted March 11th, 2021 in chambers articles, coronavirus, damages, news, personal injuries by sally

‘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

Posted March 11th, 2021 in chambers articles, coronavirus, Court of Protection, elderly, mental health, news, vaccination by sally

‘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

Posted March 11th, 2021 in chambers articles, confiscation, families, news, proceeds of crime, statistics, women by sally

‘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

Posted March 11th, 2021 in appeals, chambers articles, contract of employment, employment, employment tribunals, news, transfer of undertakings by sally

‘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

Posted March 11th, 2021 in bills, emergency services, government departments, investigatory powers, local government, Ministry of Justice, news, police, statutory duty by sally

‘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

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