District council forced to go to High Court to deal with planning permission errors – Local Government Lawyer

Posted November 23rd, 2020 in judicial review, local government, news, notification, planning by sally

‘South Cambridgeshire District Council is to commence proceedings in the High Court after discovering two planning permission errors.’

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Local Government Lawyer, 20th November 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Commissioners of Inland Revenue (1) [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this long-awaited appeal arising in the course of long-running proceedings known as the Franked Investment Income (“FII”) Group Litigation. The FII Group Litigation brings together many claims concerning the way in which advance corporation tax and corporation tax used to be charged on dividends received by UK-resident companies from non-resident subsidiaries. The respondents to this appeal are claimants within the FII Group Litigation whose cases have been selected to proceed as test claims on certain common issues (“the Test Claimants”). These issues are being determined in phases, with the courts’ decisions affecting not just the other claims within the FII Group Litigation, but potentially also a number of other sets of proceedings brought by corporate taxpayers against the appellant, the Commissioners for Her Majesty’s Revenue and Customs (“HMRC”).’

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UKSC Blog, 20th November 2020

Source: ukscblog.com

Youth court closures in England and Wales due to Covid ‘have almost doubled backlog’ – The Guardian

‘The temporary closure of youth courts due to Covid-19 has almost doubled the backlog of cases in some areas of England and Wales, increasing anguish for traumatised victims and creating more uncertainty for accused children, inspectors have found.’

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The Guardian, 20th November 2020

Source: www.theguardian.com

Deprivation of liberty: Unlawful placements of children – Transparency Project

‘Can an English family court order the unlawful detention of a Welsh child?’

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Transparency Project, 22nd November 2020

Source: www.transparencyproject.org.uk

Criminalise public sexual harassment in UK, charities say – The Guardian

Posted November 23rd, 2020 in charities, children, criminal justice, harassment, news, sexual offences, statistics, women by sally

‘Girls’ rights groups are calling for public sexual harassment to be criminalised in the UK after research suggested more than half of young women and girls were harassed on the street during the summer.’

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The Guardian, 22nd November 2020

Source: www.theguardian.com

Shamima Begum: Justice and the jihadi bride – BBC News

Posted November 23rd, 2020 in appeals, children, citizenship, government departments, Islam, news, Supreme Court, terrorism by sally

‘Shamima Begum ran away to Syria as a 15-year-old to join the self-proclaimed Islamic State. But when the terror group was defeated, she ended up in a refugee camp in Syria.’

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BBC News, 22nd November 2020

Source: www.bbc.co.uk

Trans teen in legal action over gender clinic wait – BBC News

‘A 14-year-old transgender boy is starting legal proceedings against NHS England over delays to gender reassignment treatment.’

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BBC News, 23rd November 2020

Source: www.bbc.co.uk

Judge wrong to find ‘subject to contract’ compromise binding – Litigation Futures

Posted November 23rd, 2020 in appeals, contracts, judges, loans, news, solicitors by sally

‘A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been “subject to contract”, the Court of Appeal has decided.’

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Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com

Criminal justice system is ‘on its knees’, says top English lawyer – The Guardian

‘Crown court cases are being delayed until 2023, the innocent penalised more than the guilty, and the under-funded, criminal justice system brought “on its knees”, according to the chair of the Criminal Bar Association in England and Wales.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Catterick man jailed for ambush murder of ex-girlfriend – BBC News

Posted November 23rd, 2020 in imprisonment, kidnapping, murder, news, sentencing by sally

‘A man who kidnapped and murdered his ex-girlfriend in a woodland hideout has been jailed for at least 25 years.’

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BBC News, 21st November 2020

Source: www.bbc.co.uk

Family who fear daughter was killed sue Leeds NHS trust after body decomposes – The Guardian

Posted November 23rd, 2020 in bereavement, coroners, damages, families, hospitals, inquests, negligence, news, unlawful killing by sally

‘The family of a woman who they suspect was killed is suing a health trust that allegedly stored her corpse incorrectly, allowing it to decompose to the point that experts were unable to rule out third-party involvement in her death, the Guardian can reveal.’

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The Guardian, 23rd November 2020

Source: www.theguardian.com

Facebook’s Instagram ‘failed self-harm responsibilities’ – BBC News

‘Children’s charity the NSPCC has said a drop in Facebook’s removal of harmful content was a “significant failure in corporate responsibility”.’

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BBC News, 19th November 2020

Source: www.bbc.co.uk

UK’s ‘no notice’ immigration policy unlawfully interfered with the right to access to justice, holds Court of Appeal – Oxford Human Rights Hub

Posted November 20th, 2020 in appeals, deportation, government departments, immigration, news, notification by sally

‘Until March 2019, the UK operated an immigration policy – set out in Chapter 60 of the General Instructions to Home Office caseworkers – that worked like this: if a migrant did not have leave to enter or remain in the UK (that is, if they were an “irregular migrant”), the Secretary of State for the Home Department could serve a “notice of removal window”. After a short notice period (usually just 72 hours), the “removal window” (usually 3 months) would open. During the removal window, the migrant could forcibly be removed at any time, without further warning.’

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Oxford Human Rights Hub, 16th November 2020

Source: ohrh.law.ox.ac.uk

Killer drug GHB ‘should be reclassified’, says official report – BBC News

Posted November 20th, 2020 in bereavement, drug abuse, families, homosexuality, murder, news, rape, sexual offences by sally

‘A drug that was weaponised by the UK’s most prolific rapist and the serial killer Stephen Port should be reclassified, says an official report.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Only 16% of British courts accessible for wheelchair users – Litigation Futures

Posted November 20th, 2020 in courts, disabled persons, equality, law firms, news, statistics by sally

‘Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users, research by a London personal injury firm has found.’

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Litigation Futures, 19th November 2020

Source: www.litigationfutures.com

Barristers aim to end “shocking” lack of diversity on Western Circuit – Legal Futures

Posted November 20th, 2020 in barristers, Crown Court, diversity, equality, judiciary, news, statistics by sally

‘A group of barristers has launched a bid to end what they describe as a “shocking” lack of diversity on the Western Circuit, where none of the full-time circuit judges are from Black, Asian or minority ethnic (BAME) backgrounds.’

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Legal Futures, 20th November 2020

Source: www.legalfutures.co.uk

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

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Each Other, 19th November 2020

Source: eachother.org.uk

Paul Cleeland case: Government reviews files on 1972 murder – BBC News

‘The Home Office is reviewing its archives to see if any files exist on Paul Cleeland, who has been fighting to clear his name of murder for 47 years.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Grieving daughter wins first stage of legal fight on Covid releases to care homes – The Guardian

‘A grieving daughter who lost her father to Covid-19 in an Oxfordshire care home has won the first stage of a high court challenge against the government’s policy of discharging hospital patients into care homes without tests.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers

Posted November 19th, 2020 in accounts, auditors, damages, duty of care, loss of chance, negligence, news by sally

‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’

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Hardwicke Chambers, 5th November 2020

Source: hardwicke.co.uk