Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian

‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’

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The Guardian, 4th July 2020

Source: www.theguardian.com

Lord chancellor seeks views on post-Brexit court powers – Law Society’s Gazette

Posted July 6th, 2020 in brexit, courts, EC law, lord chancellor, Ministry of Justice, news by sally

‘The Ministry of Justice is seeking lawyers’ views on which British courts should have the power to depart from retained EU case law after the Brexit transition period ends.’

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Law Society's Gazette, 2nd July 2020

Source: www.lawgazette.co.uk

Why victims can sometimes inherit from their abusers- even if they kill them – OUP Blog

‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’

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OUP Blog, 3rd July 2020

Source: blog.oup.com

Evidencing a joint tenancy – Nearly Legal

Posted July 6th, 2020 in appeals, housing, landlord & tenant, news, repossession by sally

‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’

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Nearly Legal, 5th July 2020

Source: nearlylegal.co.uk

Leicester residents could be fined up to £3,200 for breaching new lockdown laws – The Guardian

Posted July 6th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by sally

‘The government has published its local lockdown rules for Leicester, which will see most businesses shutting their doors once again.’

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The Guardian, 3rd July 2020

Source: www.theguardian.com

Solicitor amended form of authority not knowing client was dead – Legal Futures

Posted July 6th, 2020 in deceit, disciplinary procedures, documents, news, solicitors by sally

‘A solicitor who amended a client’s form of authority when he could not contact her and then sent it to her former employer – not knowing she had died – has been struck off for dishonesty.’

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Legal Futures, 6th July 2020

Source: www.legalfutures.co.uk

Ian Paterson: Inquests into ‘unnatural deaths’ of surgery patients – BBC News

Posted July 6th, 2020 in doctors, inquests, medical treatment, news, wounding by sally

‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’

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BBC News, 4th July 2020

Source: www.bbc.co.uk

Trial collapses of three Britons accused of aiding man to go to fight in Syria – The Guardian

Posted July 6th, 2020 in Crown Prosecution Service, news, terrorism by sally

‘A controversial terror trial of three Britons accused of helping a fourth to travel to Syria to fight with the Kurdish YPG has collapsed at the Old Bailey after the Crown Prosecution Service abandoned the case.’

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The Guardian, 3rd July 2020

Source: www.theguardian.com

Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer

‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

Case Comment: Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – UKSC Blog

Posted July 3rd, 2020 in appeals, company law, insolvency, news, Supreme Court by sally

‘In this case comment, Adrian Bell, Nigel Lewis, Steven Bell and Shona Frame, all partners within the CMS Infrastructure, Construction and Energy Disputes Group, comment on the decision handed down in June 2020 in the matter of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25.’

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UKSC Blog, 1st July 2020

Source: ukscblog.com

Samuel Ley: Consistency and Conceptual Confusion – UK Constitutional Law Association

Posted July 3rd, 2020 in constitutional law, judicial review, news, Supreme Court by sally

‘This post seeks to explain and clarify the status of “consistent/equal treatment” in UK judicial review. The status of consistency in judicial review was recently considered by the UK Supreme Court in Gallaher, but the meaning of ‘consistency’ was not clearly explained. The main aim of this post is therefore one of clarification. This author hopes to put consistency on a sure conceptual footing which has otherwise been lacking in the discourse on consistency.’

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UK Constitutional Law Association, 3rd July 2020

Source: ukconstitutionallaw.org

Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog

Posted July 3rd, 2020 in appeals, intellectual property, news, patents, Supreme Court by sally

‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’

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UKSC Blog, 2nd July 2020

Source: ukscblog.com

New UK law could challenge China over Hong Kong, but will it go far enough? – The Guardian

‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Altruistic cell donation: Court of Protection – UK Human Rights Blog

‘How to determine “best interests” in the case of an adult lacking capacity, where a proposed medical donation for the benefit of a close relative may cause lasting harm to the donor?’

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UK Human Rights Blog, 2nd July 202

Source: ukhumanrightsblog.com

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

Stop and search stats may thwart diversity push, UK police warned – The Guardian

‘Efforts to improve diversity among police officers are at risk of being thwarted by the disproportionate use of stop-and-search powers against black men, a senior policing watchdog has warned.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Figures reveal low level of negligence claims against barristers – Legal Futures

Posted July 3rd, 2020 in barristers, negligence, news, professional conduct, statistics by sally

‘The average barrister only makes one notification of a possible professional negligence claim every 20 years, figures from the Bar Mutual Indemnity Fund (BMIF) have revealed.’

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Legal Futures, 3rd July 2020

Source: www.legalfutures.co.uk

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

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Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

High court hears legal challenge to England’s lockdown restrictions – The Guardian

‘The government’s lockdown, which has closed schools, premises and companies while limiting free movement, is the “most sweeping and far-reaching” restriction on fundamental rights since the second world war, the high court has been told.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com