Victims of human trafficking: can they be criminals as well? – EIN Blog

‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

Full Story

EIN Blog 24th February 2021

Source: www.ein.org.uk

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

Full Story

UKSC Blog, 24th February 2021

Source: ukscblog.com

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

Full Story

Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Ex-MP cleared of sexual harassment after complainant’s appeal dismissed – The Guardian

‘A former MP has been cleared of sexual harassment alleged to have taken place several years ago in a House of Commons bar, in the first ruling by a new body set up to investigate potential misbehaviour by parliamentarians.’

Full Story

The Guardian, 23rd February 2021

Source: www.theguardian.com

Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures

‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’

Full Story

Litigation futures, 19th February 2021

Source: www.litigationfutures.com

Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers

‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’

Full Story

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Directors’ duties to disclose conflicts of interest: Fairford Water Ski Club v Cohoon & Craig Cohoon Watersports [2021] EWCA Civ 143 – Guildhall Chambers

‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’

Full Story

Guildhall Chambers, 15th February 2021

Source: www.guildhallchambers.co.uk

Legal action begins against climate lawyer in Heathrow expansion row – The Independent

‘Court proceedings have been launched against a climate charity lawyer for leaking a decision to expand Heathrow Airport.’

Full Story

The Independent, 18th February 2021

Source: www.independent.co.uk

Court refuses former Met Police officer’s appeal against indecent image conviction – The Independent

‘A disgraced former police officer has had an appeal against an indecent image conviction refused.’

Full Story

The Independent, 18th February 2021

Source: www.independent.co.uk

UK’s £1,000 child citizenship fee ruled unlawful by appeal court – The Guardian

Posted February 19th, 2021 in appeals, children, citizenship, fees, government departments, news by tracey

‘Home Office fees of £1,000 for children to register as British citizens are unlawful, the court of appeal has upheld in a landmark ruling.’

Full Story

The Guardian, 18th February 2021

Source: www.theguardian.com

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

Full Story

5SAH, 16th February 2021

Source: www.5sah.co.uk

Local Authority and Children’s Guardian fail in appeal against judge’s refusal to support a plan of adoption for children aged 2 and 3: T and R (Refusal of Placement Order) [2021] EWCA Civ 71 – Transparency Project

‘T & R involved an appeal against a decision to refuse to approve a plan of adoption in respect of two children, T (a 3 year old boy) and R (a 2 year old girl) and accordingly, refuse to make placement orders.’

Full Story

Transparency Project, 15th February 2021

Source: www.transparencyproject.org.uk

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

Full Story

UKSC Blog, 12th February 2021

Source: ukscblog.com

Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

Full Story

Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Supreme Court upholds registration of land in working port as town and village green – Local Government Lawyer

‘An area of concrete in a working commercial port was validly registered by a county council as a town and village green, the Supreme Court has ruled.’

Full Story

Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 – UKSC Blog

‘This case concerns the registration of land as a town and village green. The use of the phrase “town or village green” (“TVG”) conjures up a bucolic image of an area of grass where local inhabitants can walk and play. However, the land in this case is an area of concrete (the “Land”) in a working commercial port. The question for the Supreme Court is, has the Land been validly registered as a TVG?’

Full Story

UKSC Blog, 12th February 2021

Source: ukscblog.com

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

Full Story

No. 5 Chambers, 8th February 2021

Source: www.no5.com

The powers being used to disrupt a terror group – BBC News

Posted February 11th, 2021 in appeals, news, terrorism, terrorism prevention & investigation measures by sally

‘Two members of the banned group al-Muhajiroun have lost an appeal against terrorism measures used by the government to limit their activities. The BBC has investigated how the measures are being employed to disrupt the organisation’s leadership.’

Full Story

BBC News, 11th February 2021

Source: www.bbc.co.uk

Case Preview: R (on the application of A) v Secretary of State for the Home Department – UKSC Blog

‘On 10 February, the Supreme Court will hear the appeal in R (A) v SSHD. The case concerns the legality of guidance issued under the Multi Agency Public Protection Arrangements (“MAPPA”).’

Full Story

UKSC Blog, 8th February 2021

Source: ukscblog.com

Client sued over unpaid fees loses appeal against contempt sentence – Legal Futures

Posted February 8th, 2021 in appeals, contempt of court, fees, law firms, news, suspended sentences by tracey

‘A man sued by a Kent law firm for unpaid fees has lost his appeal against a suspended sentence handed out for contempt over his failure to comply with court orders.’

Full Story

Legal Futures, 8th February 2021

Source: www.legalfutures.co.uk