Over-zealous barristers employing “ethically questionable” tactics – Legal Futures

Posted January 16th, 2025 in barristers, news, professional conduct, standards by sally

‘Barristers may “sometimes allow their zeal to advance a client’s interests to embrace tactics which are ethically questionable”, the Bar Standards Board (BSB) said yesterday.’

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Legal Futures, 16th January 2025

Source: www.legalfutures.co.uk

Government to appeal river pollution ruling – Local Government Lawyer

Posted January 16th, 2025 in appeals, fisheries, news, pollution, water by sally

‘Environment Secretary Steve Reed has appealed against a judicial review decision reached last year when Pickering Fishery Association successfully argued that the Environment Agency had failed in its legal duties to protect a former trout stream damaged by sewage pollution and runoff from fish farms.’

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Local Government Lawyer, 15th January 2025

Source: www.localgovernmentlawyer.co.uk

UK copyright reform ‘could expose AI developers to mass claims’ – OUT-LAW.com

Posted January 16th, 2025 in artificial intelligence, class actions, copyright, disclosure, news by sally

‘Plans to force AI developers to disclose what content they use to train their AI models could support a new wave of mass claims litigation by content creators, an expert in intellectual property law has said.’

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OUT-LAW.com, 15th January 2025

Source: www.pinsentmasons.com

Andrew Malkinson says miscarriage of justice watchdog should be ‘dissolved’ – The Guardian

Posted January 16th, 2025 in Criminal Cases Review Commission, miscarriage of justice, news, rape by sally

‘Andrew Malkinson has said the miscarriage of justice watchdog needs to be “completely dissolved” as it has become “infected with a culture of denial”.’

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The Guardian, 15th January 2025

Source: www.theguardian.com

A review on causation in the Coroner’s Court – St John’s Chambers

Posted January 16th, 2025 in causation, chambers articles, coroners, inquests, news by sally

‘At the recent inquest touching the death of Steve Dymond, HM Area Coroner Jason Pegg concluded there was no clear and reliable causal connection between Mr Dymond’s unfortunate death and his recent appearance on the ITV Jeremy Kyle Show. It was concluded that whilst “possible” the experience added to his distress it was not “probable”, reiterating the often-nuanced complexities of causation in the Coroner’s court.’

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St John's Chambers, 2nd December 2024

Source: www.stjohnschambers.co.uk

The Court of Protection and deprivation of liberty of those under 18 – Mental Capacity Law and Policy

‘The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National DOL List (“NDL”) to the Court of Protection. The Practice Guidance is based on the internal guidance used by judiciary and court staff with respect to such cases, which was referred to in the October 2023 NDL national listing protocol guidance.’

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Mental Capacity Law and Policy, 13th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

Manchester 21-year-old’s conviction quashed after rap video evidence refuted – The Guardian

‘An aspiring law student who addressed MPs in parliament has had his conviction for being part of a violent conspiracy quashed after new evidence showing he was wrongfully identified in a drill music video.’

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The Guardian, 15th January 2025

Source: www.theguardian.com

Take notice of these decisions – Gatehouse Chambers

‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Secretary can sue over mouldy cheese claim – judge – BBC News

‘A former secretary can take legal action over her claims she was penalised for complaining about being served mouldy cheese.’

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BBC News, 12th January 2025

Source: www.bbc.co.uk

Government announces reprieve for archive of historic wills – Law Society’s Gazette

Posted January 13th, 2025 in archives, consultations, Ministry of Justice, news, wills by sally

‘Controversial proposals to replace archived will documents with digital copies in order to save storage costs have been dropped, the Ministry of Justice has announced. In a move that will be welcomed by historians, a minister said the ‘indispensable bridge’ to the past would be preserved.’

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Law Society's Gazette, 10th January 2025

Source: www.lawgazette.co.uk

Mental Health Bill – Joint Committee on Human Rights call for evidence – Mental Capacity Law and Policy

‘The Joint Committee on Human Rights is undertaking scrutiny of the Mental Health Bill to assess its compatibility with international and domestic human rights standards. The Committee has a call for evidence closing on 24 January 2025.’

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Mental Capacity Law and Policy, 12th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Most violent or sexual offences went unsolved in crime hotspots in England and Wales last year – The Guardian

Posted January 13th, 2025 in criminal justice, news, police, sexual offences, victims, violence by sally

‘Victims are being “let down time and time again” by police, a minister has said, as almost every violent or sexual offence went unsolved in hundreds of crime hotspots last year.’

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The Guardian, 13th January 2025

Source: www.theguardian.com

Man given suspended jail term over fatal punch – BBC News

‘A man who punched and killed a man after watching a Euro 2024 England football match has been given a suspended prison term.’

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BBC News, 10th January 2025

Source: www.bbc.co.uk

High Court dismisses claim against council over hard drive containing password to £600m bitcoin wallet dumped at landfill site – Local Government Lawyer

Posted January 13th, 2025 in cryptocurrencies, local government, news, waste by sally

‘The High Court has dismissed a claim against Newport City Council concerning the ownership of a hard drive containing the password to a Bitcoin wallet worth more than £600m that was said to have been left in error at a landfill site, after finding “no reasonable grounds for bringing the case”.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Coroner issues warning about antidepressants after suicide of royal’s husband – The Guardian

Posted January 13th, 2025 in coroners, inquests, media, mental health, news, royal family, suicide by sally

‘A coroner has issued a warning about the effects of antidepressants prescribed by a Buckingham Palace doctor to the son-in-law of Prince and Princess Michael of Kent before his suicide.’

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The Guardian, 10th January 2024

Source: www.theguardian.com

Transparency board calls for judicial review hearings to be broadcast – Local Government Lawyer

‘The Transparency and Open Justice Board has recommended that Administrative Court hearings should be broadcast in an effort to boost open justice.’

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Local Government Lawyer, 10th January 2025

Source: www.localgovernmentlawyer.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Summary judgment – entire agreement and estoppel arguments in shareholder dispute – Littleton Chambers

Posted January 10th, 2025 in chambers articles, estoppel, law firms, news, shareholders, solicitors by sally

‘The High Court yesterday handed down judgment in JMW Solicitors LLP & Others v Injury Lawyers 4U & Others [2024] EWHC 3103 (Ch), a reverse summary judgment application on a shareholder dispute.’

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Littleton Chambers, 5th December 2024

Source: littletonchambers.com

A review on causation in the Coroner’s Court – St John’s Chambers

Posted January 10th, 2025 in causation, chambers articles, coroners, inquests, media, news, suicide by sally

‘At the recent inquest touching the death of Steve Dymond, HM Area Coroner Jason Pegg concluded there was no clear and reliable causal connection between Mr Dymond’s unfortunate death and his recent appearance on the ITV Jeremy Kyle Show. It was concluded that whilst “possible” the experience added to his distress it was not “probable”, reiterating the often-nuanced complexities of causation in the Coroner’s court.’

Full Story

St John's Chambers, 2nd December 2024

Source: www.stjohnschambers.co.uk