Supreme Court: clients must agree specific costs deductions – Legal Futures

Posted October 25th, 2024 in appeals, costs, damages, fees, law firms, news, solicitors, Supreme Court by sally

‘Solicitors cannot deduct their costs from a client’s damages without their agreement to the precise amount, the Supreme Court ruled today.’

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Legal Futures, 23rd October 2024

Source: www.legalfutures.co.uk

Digital advancement at forefront of UK immigration law developments – OUT-LAW

‘Digital advancement including artificial intelligence (AI), automation, and biometric recognition are at forefront of new border security and immigration measures in the UK.’

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OUT-LAW, 23rd October 2024

Source: www.pinsentmasons.com

Anticipatory declarations and supporting P in her wish to protect herself – Mental Capacity Law and Policy

Posted October 25th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision.’

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Mental Capacity Law and Policy, 24th October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Developer wins High Court challenge after inspector misinterpreted policy in neighbourhood plan – Local Government Lawyer

Posted October 25th, 2024 in appeals, housing, interpretation, local government, news, planning by sally

‘Housebuilder Cora Homes has won on one of four grounds in a planning appeal, with Mr Justice Mould ruling he could not say the decision of the inspector concerned would have been the same without the error made.’

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Local Government Lawyer, 24th October 2024

Source: www.localgovernmentlawyer.co.uk

Parenthood and parental responsibility: legal messaging and the power of law – Journal of Social Welfare and Family Law

Posted October 25th, 2024 in children, families, news, parental responsibility by sally

‘In this paper I will engage with a position Felicity Kaganas has often elaborated upon, and with which I agree, namely, that lawmakers often mistake law’s messaging for law’s power. In doing so I will focus on the law’s management of parental status and the performance of parental responsibility. I will argue that English law’s disaggregation of parental status and parental function should have enabled law to distance itself from involvement-by-presumption in the particularities of the disputes between parents and other carers about children, and enabled it to perform a better, more situation-sensitive role in the management of those disputes. It should have allowed for a more pragmatic, less ideological and generalised, decision-making process for particular disputes, and paid better attention to the actual children at the heart of those disputes. I argue that, given the limits of the power of law in resolving family disputes (which I also elaborate in the paper), law has a limited role in these situations. There are other orders of power – beyond law – which affect the way in which legal power works and may misdirect (or, at least, redirect) its ambitions.’

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Journal of Social Welfare and Family Law, 17th October 2024

Source: www.tandfonline.com

Far-right extremist jailed for terrorist offences – BBC News

Posted October 25th, 2024 in firearms, imprisonment, internet, news, sentencing, terrorism by sally

‘A far-right extremist has been jailed for 12 years after posting videos of an extreme right-wing nature on social media.’

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BBC News, 24th October 2024

Source: www.bbc.co.uk

Man faces jail over AI-generated child abuse images – BBC News

‘A graphic design student used artificial intelligence to create child abuse images that he then sold to other paedophiles.’

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BBC News, 23rd October 2024

Source: www.bbc.co.uk

Court of Appeal refuses certification challenge in Gormsen v Meta – OUT-LAW.com

‘The Court of Appeal in London has dismissed arguments that the Competition Appeal Tribunal (CAT) erred in law by permitting an “unfair pricing” argument and in its assessment of the “unfair trading conditions” argument.’

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OUT-LAW.com, 23rd October 2024

Source: www.pinsentmasons.com

Legal rights charity wins tribunal case demanding Government transparency on determination of adult social care funding – Local Government Lawyer

‘The Information Tribunal has ordered HM Treasury and the Ministry of Housing, Communities and Local Government to reveal information requested by legal rights charity Access Social Care around the decision-making processes which determine funding for adult social care.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Manchester Arena survivors win case against man who claimed there was ‘no bomb’ – The Guardian

Posted October 24th, 2024 in children, data protection, explosives, harassment, news, terrorism, victims by sally

‘Two survivors of the Manchester Arena bombing have won a high court harassment case against a former television producer who claimed the attack had been staged.’

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The Guardian, 23rd October 2024

Source: www.theguardian.com

“Safe access zones” at abortion clinics: legislation – Law & Religion UK

Posted October 24th, 2024 in abortion, Christianity, harassment, news by sally

‘On 21 October 2024, the Secretary of State made The Public Order Act 2023 (Commencement No. 5) (England and Wales) Regulations 2024 which extend to England and Wales; this provides that Section 9 of the Public Order Act 2023 (offence of interference with access to or provision of abortion services) will come into force on 31 October 2024.’

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Law & Religion UK, 23rd October 2024

Source: lawandreligionuk.com

Extra time – Kingsley Napley Employment Law Blog

Posted October 24th, 2024 in appeals, chambers articles, employment, news, Supreme Court, taxation by sally

‘Waqar Shah and Andy Norris analyse the latest decision of the Supreme Court in the case of Professional Game Match Officials Ltd, which has been referred back to the First-tier Tribunal.’

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Kingsley Napley Employment Law Blog, 22nd October 2024

Source: www.kingsleynapley.co.uk

Form FM5 and MIAM’s – Becket Chambers

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

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Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Testamentary capacity: warning signs and professional best practice – Wilberforce Chambers

Posted October 18th, 2024 in chambers articles, expert witnesses, news, probate, wills by sally

‘The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and contentious alike. The validity of a will was disputed on the grounds of lack of testamentary capacity and want of knowledge and approval. The case stands out for its unusual facts, of how warning signs were missed, of how a professional will drafter failed to comply with repeated client instructions for a simple will, and of how the court will be aided (or not) by ex post facto expert evidence.’

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Wilberforce Chambers, 30th September 2024

Source: www.wilberforce.co.uk

Damages as an adequate remedy in Employee Competition claims – Blackstone Chambers

Posted October 18th, 2024 in chambers articles, competition, damages, employment, injunctions, news by sally

‘Much ink will be spilt over the Supreme Court’s decision in Tesco Stores v USDAW [2024] UKSC 28 relating to an implied contractual term preventing Tesco from firing (and then rehiring) employees in order to remove guaranteed retained pay, and consequential injunctive relief to prevent the same. Here, I consider only one issue from that decision that impacts on applications for injunctions in the employee competition sphere: the question of damages as an adequate remedy.’

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Blackstone Chambers, 23rd September 2024

Source: www.employeecompetition.com

Practice Direction 12J, fact find hearings and child arrangements – E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 – Becket Chambers

‘E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 was a recent appeal brought by the Mother on 2 grounds; the first in respect of a child arrangements order made for unsupervised contact and the second regarding an adjournment due to a Qualified Legal Representative (‘QLR’) not being available for the fact find hearing. This article will focus on the first ground in respect of the child arrangements order.’

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Becket Chambers, 30th September 2024

Source: becket-chambers.co.uk

Home Office hires 200 staff to clear huge backlog of UK modern slavery cases – The Guardian

Posted October 18th, 2024 in delay, forced labour, government departments, immigration, news, victims by sally

‘The Home Office has recruited 200 staff to clear a backlog of 23,300 modern slavery cases left by the last government, a minister has told the Guardian.’

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The Guardian, 18th October 2024

Source: www.theguardian.com

Woman living in UK for 22 years faces deportation – BBC News

‘A woman who has been living in the UK for 22 years said she has been left “traumatised” after being told she could be deported.’

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BBC News, 18th October 2024

Source: www.bbc.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Wife of Tory councillor jailed for stirring racial hatred after Southport attack – The Guardian

‘A childminder married to a Conservative councillor has been jailed after calling for hotels housing asylum seekers to be set on fire after the Southport attacks.’

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The Guardian, 17th October 2024

Source: www.theguardian.com