Unconvicted terrorism suspects face indefinite controls under UK bill – The Guardian

‘Terrorism suspects who have not been convicted of any offence face expanded and potentially never-ending measures to control their lives under proposed counter-terrorism laws unveiled by the UK government.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

“Repugnant to Ordinary Notions of Fairness”? The Crime of Leaving Your House – The 36 Group

‘On a sunny afternoon in April 2020, a couple sit on the grass in Finsbury Park, North London. A police officer approaches them. A month later, they plead Not Guilty at Highbury Corner Magistrates’ Court to an offence of Leaving/Being Outside Home Without Reasonable Excuse, contrary to Regulations 9(1) and 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (as amended). Two months later, they attend court again for trial.’

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The 36 Group, 24th April 2020

Source: 36group.co.uk

Upper Tribunal rules on burden of proof when statutory defence to HMO offence is pleaded – Local Government Lawyer

‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’

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Local Government Lawyer, 25th March 2020

Source: www.localgovernmentlawyer.co.uk

‘How do I convince the Home Office I’m a lesbian?’ – BBC News

‘More than 1,500 people seek asylum in the UK on sexuality grounds every year.

The Home Office’s decision on whether to grant or refuse it depends on whether the interviewer finds the asylum-seeker’s account authentic and believable – but each interviewer may have his or her own assumptions about what an authentic and believable account should look like.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Certainty of delivery of notices – Upper Tribunal on the burden of proof – Nearly Legal

‘A quick note on a Upper Tribunal (LC) appeal concerning whether services charge demands had been delivered. At first instance, the FTT had reached a decision about the reasonableness of the service charge demands, but in respect of the respondent, it held that the charges were not payable by the respondent because she had not received the demands.’

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Nearly Legal, 22nd February 2020

Source: nearlylegal.co.uk

Onus of Proof in Business Rates Complaints – 33 Bedford Row

Posted February 21st, 2020 in burden of proof, chambers articles, complaints, local government, news, rates by sally

‘Where a Local Authority (the ‘Billing Authority) applies by way of complaint to the Magistrates Court for a liability order against an alleged ratepayer, for allegedly due but unpaid, national non-domestic rates (‘Business Rates’), the Magistrates Court will issue a summons requiring the alleged ratepayer to attend the Magistrates Court to answer the complaint (the ‘Complaint’).’

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33 Bedford Row, 16th February 2020

Source: www.33bedfordrow.co.uk

The new SRA Standards and Regulations: Greater freedom for solicitors? – 4 New Square

‘In this article, Helen Evans and Clare Dixon of 4 New Square review whether the new principles, codes of conduct and disciplinary procedure rules wholeheartedly reflect a relaxation of the SRA’s grip, or whether competing forces are apparent. They also consider whether one of the unintended consequence of some of the liberalisation is to introduce a two-tier regulatory system for solicitors practising within regulated entities (such as firms) and those outside that structure. Finally, they reflect on the likely impact of the new rules and relaxed burden of proof on the troublesome issues of dishonesty and lack of integrity- an issue that the Divisional Court was still picking apart as recently as last week in the matter of SRA v Siaw.’

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4 New Square, 21st October 2019

Source: www.4newsquare.com

Home Office ‘doomed to repeat the mistakes of Windrush’ – The Guardian

Posted September 19th, 2019 in asylum, burden of proof, government departments, immigration, news, statistics, torture by tracey

‘The mistakes made by the Home Office over the Windrush scandal are doomed to be repeated unless the department completely overhauls its systems, according to a report about its approach to processing immigration applications.’

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The Guardian, 18th September 2019

Source: www.theguardian.com

Court of Appeal quashes convictions for unlawfully obtaining personal data – Local Government Lawyer

Posted January 25th, 2019 in burden of proof, data protection, human rights, news, statutory interpretation by tracey

‘The Court of Appeal has quashed the conviction of a defendant for unlawfully obtaining personal data. At issue in Shepherd v The Information Commissioner [2019] EWCA Crim 2 was whether s.55 (2) of the Data Protection Act 1998 imposes a legal or evidential burden of proof on a defendant; and, if the former, whether the outcome is compatible with Article 6 of the European Convention on Human Rights (the right to a fair trial).’

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Local Government Lawyer, 25th January 2019

Source: www.localgovernmentlawyer.co.uk

When Coroners are unsure – Park Square Barristers

‘The Court held that a Coroner was entitled to remain unsure about the particulars of the death of an individual who was shot by a member of the Royal Ulster Constabulary.’

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Park Square Barristers, 16th November 2018

Source: www.parksquarebarristers.co.uk

Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com

Posted December 10th, 2018 in burden of proof, negligence, news, shipping law, Supreme Court by sally

‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’

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OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Courts uphold ‘ground breaking’ UK first unexplained wealth order – OUT-LAW.com

‘The High Court has upheld the UK’s first unexplained wealth order (UWO), dismissing a legal challenge to the order obtained by the National Crime Agency (NCA) earlier this year.’

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OUT-LAW.com, 16th October 2018

Source: www.out-law.com

Supreme Court to hear appeal from firm blamed for missed claim – Law Society’s Gazette

Posted September 13th, 2018 in appeals, burden of proof, law firms, negligence, news, Supreme Court by tracey

‘A long-running dispute about the rights of a client to sue his former solicitors will come to the Supreme Court later this year. The court confirmed today that it will hear the appeal of defunct claimant firm Raleys Solicitors against the ruling of the Court of Appeal from May 2017.’

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Law Society's Gazette, 13th September 2018

Source: www.lawgazette.co.uk

Change to evidential standard could lead to more suicide verdicts – OUT-LAW.com

Posted September 7th, 2018 in burden of proof, inquests, news, standard of proof, suicide by tracey

‘A recent decision on the evidential standard of proof required for a coroner or jury to return a conclusion of suicide could lead to an increased number of “suicide” conclusions being upheld, and a change in the rules surrounding the burden of proof applied at inquests in the future.’

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OUT-LAW.com, 7th September 2018

Source: www.out-law.com

Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith Chambers

Posted March 20th, 2018 in burden of proof, expert witnesses, health, negligence, news by sally

‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Legal bar for convicting healthcare professionals of manslaughter is ‘too low’, medical organisation warns – Daily Telegraph

Posted March 13th, 2018 in burden of proof, doctors, health, homicide, negligence, news, nurses by sally

‘The legal bar for convicting healthcare professionals of manslaughter is currently “too low”, a medical defence organisation has said.’

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Daily Telegraph, 13th March 2018

Source: www.telegraph.co.uk

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’

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Zenith PI, 6th March 2018

Source: zenithpi.wordpress.com

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

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Employment Blog, 27th November 2017

Source: employment11kbw.com

Why so many sexual harassment cases in US, not UK? – BBC News

‘There are huge differences between UK and US media law – does this explain why more Americans are being accused of sexual harassment?’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk