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

New video platform to be rolled out across civil courts – Litigation Futures

‘The new video platform enabling more remote cases to be heard in the criminal courts will rolled out to the civil courts over the coming months, the Ministry of Justice confirmed yesterday.’

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Litigation Futures, 2nd July 2020

Source: www.litigationfutures.com

Drunken barrister reprimanded for threatening colleague – Legal Futures

‘A drunken barrister who threatened a fellow member of chambers in a bid to have them accede to a tenancy application has been reprimanded by a Bar disciplinary tribunal.’

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Legal Futures, 2nd July 2020

Source: www.legalfutures.co.uk

5 Things You Should Know About Local Lockdowns – Each Other

‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’

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Each Other, 3rd July 2020

Source: eachother.org.uk

Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian

Posted July 3rd, 2020 in appeals, China, colonies, foreign jurisdictions, Hong Kong, judiciary, news by sally

‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

High court set to rule on humanist wedding recognition in England and Wales – The Guardian

‘Although the government was authorised by parliament to legally recognise humanist weddings in 2013, it has not done so. More than 6,000 couples who have gone through humanist ceremonies since then have faced a choice between having a second civil ceremony at a registry office or having no legal recognition of their marriage.’

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The Guardian, 1st July 2020

Source: www.theguardian.com

Rights of UK citizens in EU at risk as member states’ legislation not yet in place – The Guardian

Posted July 1st, 2020 in brexit, EC law, freedom of movement, news by sally

‘British citizens living in the EU may face significant work and travel hurdles from next year because member states have failed to get to grips with the impact of Brexit on their rights, MPs have been told.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Rental e-scooters to be made legal on roads in Great Britain from Saturday – BBC News

Posted July 1st, 2020 in coronavirus, local government, news, road safety, road traffic, transport by sally

‘Rental e-scooters will become legal on roads in Great Britain from Saturday, in a bid to ease pressure on public transport amid the coronavirus crisis.’

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BBC News, 30th June 2020

Source: www.bbc.co.uk