Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

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Law & Religion UK, 26th October 2023

Source: lawandreligionuk.com

Indi Gregory: European judges reject appeal over ill baby’s case – BBC News

Posted October 27th, 2023 in appeals, children, doctors, hospitals, human rights, medical treatment, news by sally

‘European judges have rejected a bid by the parents of a critically ill baby to have her life-support treatment continued.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

English court issues reminder of burden of proof in product liability cases – OUT-LAW.com

Posted October 27th, 2023 in appeals, burden of proof, causation, damages, news by sally

‘The English Court of Appeal has reminded claimants that, where there are competing explanations for causation in an action for damages, it is for them to prove their case on the balance of probabilities.’

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OUT-LAW.com, 26th October 2023

Source: www.pinsentmasons.com

Shamima Begum faces wait for appeal decision in citizenship case – The Independent

‘Shamima Begum will face a wait to find out whether she has won a Court of Appeal bid over the removal of her British citizenship.’

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The Independent, 25th October 2023

Source: www.independent.co.uk

Pub murder conviction quashed over procedural error – BBC News

Posted October 25th, 2023 in appeals, Crown Court, imprisonment, jurisdiction, murder, news, sentencing by sally

‘A man who was jailed for murdering another man outside a pub has had his conviction quashed because of a procedural error.’

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BBC News, 25th October 2023

Source: www.bbc.co.uk

Indi Gregory: Legal challenge from critically ill baby’s parents dismissed – BBC News

Posted October 24th, 2023 in appeals, children, consent, hospitals, medical treatment, news, parental rights by tracey

‘The parents of a critically ill baby have had a legal challenge against a ruling to end life-support treatment dismissed.’

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BBC News, 23rd October 2023

Source: www.bbc.co.uk

Three-day hearing on Shamima Begum’s legal fight set to begin in Court of Appeal – The Independent

Posted October 24th, 2023 in appeals, citizenship, news, proscribed organisations, terrorism by tracey

‘Shamima Begum’s legal fight over the decision to deprive her of her British citizenship is set to reach the Court of Appeal.’

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The Independent, 24th October 2023

Source: www.independent.co.uk

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

Court of Appeal judges set to consider critically ill baby’s case – The Independent

Posted October 23rd, 2023 in appeals, children, doctors, families, medical treatment, news by tracey

‘The parents of a critically ill baby are preparing to stage an appeal after losing a High Court fight. A High Court judge recently ruled that doctors could lawfully limit the treatment they provide to Indi Gregory – against the wishes of her parents, Dean Gregory and Claire Staniforth.’

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The Independent, 23rd October 2023

Source: www.independent.co.uk

Courts increase sentences for child sex offenders – Attorney General’s Office

‘Figures released as part the Unduly Lenient Sentence (ULS) scheme annual statistics for 2022 show there were 23 child sex offence sentence increases. This was followed by 10 sentences increased for rape offences and 7 for cases involving grievous bodily harm.’

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Attorney General's Office, 17th October 2023

Source: www.gov.uk

Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

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Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

Child sex offenders top list for increased sentences – BBC News

Posted October 18th, 2023 in appeals, child abuse, imprisonment, news, sentencing, sexual offences, statistics, victims by sally

‘Twenty-three child sex offenders had their sentences increased in England and Wales last year, new figures show.’

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BBC News, 18th October 2023

Source: www.bbc.co.uk

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

‘Major milestone’: CAT to rule on collective action settlement – Law Society’s Gazette

Posted October 13th, 2023 in appeals, class actions, competition, news, tribunals by tracey

‘A “pioneering” £1.5m settlement has been agreed in a car delivery charges opt-out claim which the Competition Appeal Tribunal will now need to approve – potentially a first for the tribunal in a collective action.’

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Law Society’s Gazette, 12th October 2023

Source: www.lawgazette.co.uk

Just Stop Oil pair jailed over bridge protest lose Supreme Court appeal bid – The Independent

Posted October 12th, 2023 in appeals, demonstrations, news, nuisance, road traffic, sentencing, Supreme Court by sally

‘Two Just Stop Oil protesters jailed after scaling a bridge at the Dartford Crossing have lost a bid to challenge their sentences at the Supreme Court.’

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The Independent, 11th October 2023

Source: www.independent.co.uk

Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong” – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

Judge wrong to block reporting of ‘highly contentious’ family case – Law Society’s Gazette

‘A family judge was wrong to make an order preventing the reporting of a case, an appeal judgment has ruled in a significant step for the opening of proceedings to the press.’

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Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

I was innocent – but it cost me £500,000 to prove it – BBC News

‘Each year, thousands of people in England and Wales are accused of crimes for which they are later acquitted. While their names may be cleared, they are often left emotionally and financially devastated – as Brian Buckle, who was wrongfully convicted of sexually abusing a child, discovered first-hand.’

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BBC News, 6th October 2023

Source: www.bbc.co.uk

Government to progress stayed ordinary residence disputes after Supreme Court judgment – Local Government Lawyer

‘The Department of Health and Social Care (DHSC) has set out its position on the determination of ordinary residence disputes in light of the outcome of a recent landmark Supreme Court ruling.’

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Local Government Lawyer, 6th October 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers

Posted October 9th, 2023 in appeals, arbitration, chambers articles, news, Privy Council, Supreme Court by sally

‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’

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Wilberforce Chambers, 25th September 2023

Source: www.wilberforce.co.uk