Breach of PSED and consequences for possession – Nearly Legal

‘The Court of Appeal considers the effect of an admitted breach of the Public Sector Equality Duty under s.149 Equality Act 2010 on possession proceedings.’

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Nearly Legal, 18th August 2019

Source: nearlylegal.co.uk

Solicitor jailed for 14 months for contempt – Legal Futures

Posted August 20th, 2019 in client accounts, contempt of court, news, sentencing, solicitors, undertakings by sally

‘A solicitor has been jailed for 14 months after being found guilty on four counts of contempt of court for breaching undertakings given to the court about missing client money.’

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Legal Futures, 20th August 2019

Source: www.legalfutures.co.uk

Mend law and save tragic kids? – Transparency Project

‘It’s a common mistake for journalists (and others) to refer to the Children’s Act. Pedantic family lawyers bristle at this (it’s the Children Act). But pedantry aside, this error is often a clue that something has been written without much input from a lawyer. And so it seems with the Sunday Mirror’s various campaign pieces published today about the law on protecting children from violent parents, which feature far worse mistakes than punctuation.’

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Transparency Project, 18th August 2019

Source: www.transparencyproject.org.uk

Parents win funding to mount legal challenge over school closure – The Guardian

Posted August 20th, 2019 in legal aid, news, school children, special educational needs by sally

‘Parents shocked by the sudden closure of a residential unit at a special needs school in Bristol, which resulted in children with severe and complex learning difficulties having to move out, have won legal aid funding to investigate a possible challenge to the lawfulness of the decision.’

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The Guardian, 19th August 2019

Source: www.theguardian.com

Woman detained unlawfully who suffered miscarriage granted £50,000 payout – Daily Telegraph

‘A woman who suffered a miscarriage while unlawfully detained has been granted a £50,000 payout from the Home Office.’

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Daily Telegraph, 19th August 2019

Source: www.telegraph.co.uk

Stop and search: What are your rights? – BBC News

Posted August 20th, 2019 in news, police, stop and search by sally

‘Boris Johnson has promised to expand stop and search powers.’

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BBC News, 19th August 2019

Source: www.bbc.co.uk

Home Office names independent reviewer of Prevent programme – Local Government Lawyer

Posted August 20th, 2019 in news, proscribed organisations, terrorism by sally

‘The Government has appointed Lord Carlile as the Independent Reviewer of the Prevent programme that is intended to safeguard vulnerable people from being drawn into terrorism.’

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Local Government Lawyer, 19th August 2019

Source: www.localgovernmentlawyer.co.uk

Judge condemns “embarrassing” expert who used expletive – Litigation Futures

Posted August 20th, 2019 in evidence, expert witnesses, hospitals, news, personal injuries by sally

‘A High Court judge has taken to task an “embarrassing” medical expert who made “continual apologies” and used “an expletive” during his evidence.’

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Litigation Futures, 20th August 2019

Source: www.litigationfutures.com

‘Authorities say my 15-year-old client is 27 and want to deport him’: my job as a legal aid lawyer – The Guardian

Posted August 20th, 2019 in asylum, children, deportation, legal aid, legal profession, news by sally

‘I go home each night worrying about my clients. I wonder who would know if something bad ever happened to them.’

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The Guardian, 19th August 2019

Source: www.theguardian.com

Expert Evidence on Share Valuations: When to use hot tubbing in unfair prejudice petitions – 4 New Square

‘A critical part of any unfair prejudice petition is the valuation of the minority shareholding. Paul Mitchell QC and Nigel Burroughs of 4 New Square were counsel on different sides in Swain v Swains Plc, a case in which the expert share valuation evidence was taken concurrently. They look at the pros and cons of hot tubbing, and offer practical advice on how to approach the way experts should give their evidence.’

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4 New Square, 22nd July 2019

Source: www.4newsquare.com

Shareholder Disputes in Sport – 4 New Square

‘As the law of unfair prejudice in the conduct of companies’ affairs has developed, sports clubs (particularly football and rugby clubs) have proved to be fertile sources of disputes between shareholders. In this article, we examine unfair prejudice petitions which have concerned the sports sector to look at the effects of those decisions and at what we can learn not just about the sorts of shareholder disputes which arise in sports clubs but also what we can learn from those decisions and apply to shareholder disputes in other contexts.’

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4 New Square, 24th July 2019

Source: www.4newsquare.com

British Airways issued with notice of intention to fine £183m for passenger data breach. – 4 KBW

Posted August 1st, 2019 in airlines, data protection, fines, news, notification by sally

‘British Airways (‘BA’) are facing a historic fine of £183m following a major data breach reported by the Information Commissioner’s Office (‘ICO’) on 6th September 2018 in which hackers successfully stole customers’ personal data consisting of passenger login details, card details, addresses and travel booking information. The ICO had previously reported that the personal data of around 500,000 passengers was stolen from BA’s website and the mobile app in a different data breach which purportedly started in June 2018.’

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4 KBW, 11th July 2019

Source: www.4kbw.net

Too late to waive – Nearly Legal

Posted July 31st, 2019 in landlord & tenant, news, repossession, time limits by sally

‘Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and how this can be done. This was the Court of Appeal judgment on an appeal from an appeal to a circuit judge of a first instance possession order. At issue was the effect of an application to dispense with the requirement for a notice seeking possession (via s.83(1)(b) Housing Act 1985) on the statutory time limits.’

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Nearly Legal, 29th July 2019

Source: nearlylegal.co.uk

Man jailed for 50 minutes in ‘shortest ever prison sentence’ – The Independent

‘A man has been given what is believed to be Britain’s shortest jail sentence of just 50 minutes.’

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The Independent, 31st July 2019

Source: www.independent.co.uk

Forthcoming JCPC challenge to same-sex marriage prohibition in Bermuda – Law & Religion UK

‘Does a law prohibiting same-sex marriage violate the right to manifest one’s religion or belief? This novel argument will soon be tested in the Judicial Committee of the Privy Council (JCPC), where the Government of Bermuda will be appealing against successive decisions by the island’s first instance and appellate courts to strike down legislation which prohibited same-sex marriage.’

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Law & Religion UK, 30th July 2019

Source: www.lawandreligionuk.com

Robert Thomas and Joe Tomlinson: How Immigration Judicial Review Works – UK Constitutional Law Association

Posted July 31st, 2019 in human rights, immigration, judicial review, news, reports by sally

‘Two years ago on this blog, we drew attention to the immigration judicial review system—by far the most active area of judicial review litigation and the vast majority of all judicial reviews in England and Wales. In that post, we identified why there was a pressing need for further empirical exploration of the topic: not only was there a lack of understanding of litigation patterns but, on the basis of the evidence available, it seemed there was an issue of whether disputes were being channelled appropriately to judicial review (Paul Daly’s reflections on this post are available here). Since then, we have set about trying to build the evidence base that we argued was necessary to advance understanding. We collected data on the types of immigration judicial review claims and the views and experiences of people involved in the system. Our approach to the research was to collect both quantitative and qualitative data. We then combined the data gathered through these methods to inform our analysis. Our data included case-file analysis of Upper Tribunal judicial review cases and interviews with judges, representatives, users of the system, and others. We also undertook observations. Our full findings are set out in a detailed report, which we are publishing today. In this post, we provide a summary of our key conclusions.’

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UK Constitutional Law Association, 1st July 2019

Source: ukconstitutionallaw.org

SRA considers ditching skills testing from first part of SQE – Legal Futures

‘The Solicitors Regulation Authority (SRA) is considering whether to abandon the skills element of the first stage of the Solicitors Qualifying Exam (SQE), meaning it would consist entirely of multiple-choice questions.’

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Legal Futures, 31st July 2019

Source: www.legalfutures.co.uk

Cambridge sexual misconduct rule change branded ‘unlawful’ – The Guardian

Posted July 31st, 2019 in complaints, news, rape, sexual offences, universities by sally

‘Lawyers and women’s groups have condemned a decision by Cambridge University to not investigate some students’ complaints of sexual misconduct, including rape, warning it was potentially unlawful.’

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The Guardian, 31st July 2019

Source: www.theguardian.com

Ladbrokes Coral fined after customer lost £98,000 – BBC News

Posted July 31st, 2019 in consumer protection, fines, gambling, money laundering, news by sally

‘The owner of Ladbrokes Coral has been fined £5.9m for not protecting vulnerable customers and for failings in its anti-money laundering measures.’

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BBC News, 31st July 2019

Source: www.bbc.co.uk

Only 3% of rape claims in London result in convictions, study says – The Guardian

Posted July 31st, 2019 in London, news, police, privacy, prosecutions, rape, statistics, telecommunications, victims by sally

‘Only 3% of rape allegations in London result in convictions, a study has found, prompting the capital’s victims’ commissioner to call for an end to the “excessive intrusion into personal data” demanded when a person makes an allegation.’

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The Guardian, 31st July 2019

Source: www.theguardian.com