Allegation of Fundamental Dishonesty? No Interim Payment Permitted – Parklane Plowden Chambers

‘In this case, the claimant brought a claim for serious injuries arising from a RTA in January 2019. As a consequence, the claimant suffered severe brain injury which he alleged caused a lack of capacity.’

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Parklane Plowden Chambers, 8th May 2024

Source: www.parklaneplowden.co.uk

Illiquid SASSs: A way forward? – Pensions Barrister

Posted June 27th, 2024 in news, pensions, sale of land, trusts by sally

‘This week, Paul Newman KC looks at the problems that arise when small self-administered schemes holding commercial property need to liquidate the asset to pay pension benefits.’

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Pensions Barrister, 27th June 2024

Source: www.pensionsbarrister.com

Zara Aleena murder: agencies’ failures contributed to death, inquest finds – The Guardian

Posted June 27th, 2024 in inquests, murder, news, police, prisons, probation by sally

‘Failures by the police and prison and probation services contributed to the death of Zara Aleena, who was murdered as she walked home from a night out in east London, an inquest jury has found.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Pornography, the Online Safety Act 2023 and the need for further reform – Journal of Media Law

Posted June 27th, 2024 in child abuse, children, internet, media, news, obscenity, pornography by sally

‘The UK’s Online Safety Act 2023 regulates pornography in a range of new ways which could radically alter both how pornography is accessed and the nature of the content available. However, while the Act ostensibly represents a new form of regulation focusing on the systems and processes of online platforms, in practice it is content-based. Our analysis reveals that the Act generates eight new classifications of pornography, each associated with a distinct legal framework, thereby creating a confusing and unnecessarily complex regulatory regime. Accordingly, we recommend further reforms to fortify and clarify the regulatory regime, as well as a more comprehensive review of pornography regulation in general, with the overall aim of reducing the harms of pornography.’

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Journal of Media Law, 5th June 2024

Source: www.tandfonline.com

Government hit with judicial review after excluding onshore wind from energy policy – Local Government Lawyer

‘The High Court has granted the Good Law Project permission to challenge the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Ads for menopause supplements banned by regulator – The Independent

Posted June 26th, 2024 in advertising, health, menopause, news, ombudsmen, women by sally

‘Ads for supplements claiming they could treat and cure menopause symptoms such as hot flushes and weight gain have been banned by the regulator.’

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The Independent, 26th June 2024

Source: www.independent.co.uk

The Care Quality Commission’s New Inspection and Regulation Regime – Kingsley Napley Regulatory Blog

‘The Care Quality Commission (CQC) has implemented a new inspection and regulation regime which is pegged to enhance the regulation of health and social care services. This blog will detail the key changes, their rationale, practical applications, and any early signs of difficulties.’

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Kingsley Napley Regulatory Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection? – Mental Capacity Law and Policy

‘In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His discomfort arose from the fact that the local authority was having to have recourse to the Court of Protection to respond to a situation where the man in question was posing a (largely self-reported, but on the face of it non-trivial) sexual threat to others, but whether neither mental health services nor the criminal justice system could respond.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

A view from the Bar: Agricultural Landlord and Tenant Code of Practice for England – practical considerations for litigators – Tanfield Chambers

‘The Agricultural Landlord and Tenant Code of Practice for England was launched on the 8 April 2024, and has been endorsed by numerous organisations across the agricultural sector. Whilst the Code will be of interest to all of those involved with agricultural tenancies, this article, written by Annie Higgo, focuses in particular on the predicted areas of impact that the Code will have for litigators.’

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Tanfield Chambers, 20th May 2024

Source: www.tanfieldchambers.co.uk

Housing association defeats High Court claim for wrongful eviction – Local Government Lawyer

Posted June 20th, 2024 in evidence, housing, news, repossession by sally

‘A tenant who alleged wrongful eviction by Clarion Housing Association has lost a High Court action in which His Honour Judge Simpkiss said he could not rely on any evidence given by the claimant unless backed up by “some other solid evidence”.’

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Local Government Lawyer, 20th June 2024

Source: www.localgovernmentlawyer.co.uk

Woman who sued therapist for sexual assault wins £217,000 damages – The Guardian

Posted June 20th, 2024 in damages, negligence, news, personal injuries, prosecutions, rape by sally

‘A woman who claimed she was raped by a therapist who said penetration could help ease her trauma has been awarded more than £200,000 in damages in a high court ruling after she sued him over the alleged assaults.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

Gang made millions selling fake Xanax pills on dark web – BBC News

‘A drugs gang produced millions of counterfeit Xanax pills in garden sheds and garages, selling them to customers across the UK and US.’

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BBC News, 19th June 2024

Source: www.bbc.co.uk

Risk-taking, best interests and health and welfare deputies – Mental Capacity Law and Policy

‘AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning disability, and visual and hearing impairments. At heart, it was a dispute between his mother, who had (in her own words) brought him in a “very alternative way”, and the local authority responsible for his care and placement in a supported living placement. His mother, who described how she had moved away from South Yorkshire some years previously, having experienced harassment, wished him to move to south west England to live with her; Sheffield City Council resisted this.’

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Mental Capacity Law and Policy, 20th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Landmark ruling could threaten future UK oil drilling – BBC News

Posted June 20th, 2024 in climate change, local government, news, oil wells, planning, Supreme Court by sally

‘The Supreme Court has ruled a local council should have considered the full climate impact of burning oil from new wells – a landmark decision that could put future UK oil and gas projects in question.’

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BBC News, 20th June 2024

Source: www.bbc.co.uk

Judge rejects housing claim brought by refugee against council and Home Secretary – Local Government Lawyer

‘A Sudanese refugee has failed in a High Court case brought against the London Borough of Haringey over whether he should have been found accommodation and against the Home Office over how it gives notice of the cessation of their asylum support.’

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Local Government Lawyer, 19th June 2024

Source: www.localgovernmentlawyer.co.uk

Solicitor fired after announcing pregnancy awarded £26k damages – Legal Futures

‘A solicitor has been awarded damages of £26,475 after her law firm withdrew an offer of promotion and four weeks later summarily dismissed her because she was pregnant’

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Legal Futures, 20th June 2024

Source: www.legalfutures.co.uk

Finance Act 2024 – new lump sum rules – Pensions Barrister

Posted June 20th, 2024 in income tax, news, pensions by sally

‘Philip Simpson KC and Rebecca Sheldon of Old Square Tax Chambers have written an article on the new lump sum rules, and in particular the rules on pension commencement lump sums.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com