Are LQCs independent (and do they want to be?) – UK Police Law Blog

‘A recent decision from the High Court in Chief Constable of Thames Valley v Police Misconduct Panel [2017] EWHC 923 (Admin) says that misconduct panels can now be judicially reviewed by Chief Constables – but gives rise to a number of new and potentially awkward questions.’

Full story

UK Police Law Blog, 22nd May 2017

Source: www.ukpolicelawblog.com

Comments Off on Are LQCs independent (and do they want to be?) – UK Police Law Blog

What can reasonably be expected of junior doctors – UK Human Rights Blog

Posted May 23rd, 2017 in appeals, doctors, negligence, news by tracey

‘FB v. Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, 12 May 2017, Court of Appeal. FB fell ill with meningitis when she was just one. The illness was diagnosed too late, and she suffered brain damage. This appeal was against the judge’s dismissal of the claim against the hospital, where she was seen, some time before she was admitted and the infection treated. All agreed that avoiding the time between being seen and being admitted could have led to the brain damage being avoided.’

Full story

UK Human Rights Blog, 22nd may 2017

Source: www.ukhumanrightsblog.com

Comments Off on What can reasonably be expected of junior doctors – UK Human Rights Blog

British Airways loses challenge against pensions payments – OUT-LAW.com

Posted May 23rd, 2017 in airlines, news, pensions, trusts by tracey

‘British Airways (BA) has lost a High Court case against a decision by pension scheme trustees to make discretionary payments to thousands of airline workers.’

Full story

OUT-LAW.com, 22nd May 2017

Source: www.out-law.com

Comments Off on British Airways loses challenge against pensions payments – OUT-LAW.com

National Minimum Wage – Local Government Law

Posted May 23rd, 2017 in appeals, employment, employment tribunals, minimum wage, news by tracey

‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’

Full story

Local Government Law, 22nd May 2017

Source: www.11kbw.com/blogs/local-government-law

Comments Off on National Minimum Wage – Local Government Law

Agent claiming to be unaware property was HMO, loses appeal over £20k fine – Local Government Lawyer

Posted May 23rd, 2017 in appeals, fines, housing, local government, news by tracey

‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’

Full story

Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Agent claiming to be unaware property was HMO, loses appeal over £20k fine – Local Government Lawyer

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by tracey

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

Full story

Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

Comments Off on Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Suicide jail failed to improve, says doctor – BBC News

Posted May 23rd, 2017 in mental health, news, prisons, psychiatrists, suicide by tracey

‘Safety improvements were not made at a prison with the highest suicide rate in England and Wales despite a spate of deaths, a psychiatrist has told the BBC.’

Full story

BBC news, 22nd May 2017

Source: www.bbc.co.uk

Comments Off on Suicide jail failed to improve, says doctor – BBC News

35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

Comments Off on 35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

‘Shabby racist’ kicked pregnant Muslim woman in the stomach causing her to miscarry – Daily Telegraph

Posted May 23rd, 2017 in assault, news, racism, sentencing, violent offenders by tracey

‘A pregnant Muslim woman suffered a miscarriage after a racist thug kicked her in the stomach during a supermarket row, a court heard. Jailing David Gallacher for three years and seven months for the attack , Judge Francis Sheridan described him as a “shabby racist” and told him “This country will not bow to the views of racists.” ‘

Full story

Daily Telegraph, 22nd May 2017

Source: www.telegraph.co.uk

Comments Off on ‘Shabby racist’ kicked pregnant Muslim woman in the stomach causing her to miscarry – Daily Telegraph

Co-op fined for wet floor slip death in Truro shop – BBC News

Posted May 22nd, 2017 in accidents, costs, fines, health & safety, news by tracey

‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’

Full story

BBC News, 22nd May 2017

Source: www.bbc.co.uk

Comments Off on Co-op fined for wet floor slip death in Truro shop – BBC News

No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

Posted May 22nd, 2017 in appeals, EC law, human rights, immigration, news, reasons, tribunals by tracey

‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’

Full story

Free Movement, 19th May 2017

Source: www.freemovement.org.uk

Comments Off on No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’

Full story

Free Movement, 22nd May 2017

Source: www.freemovement.org.uk

Comments Off on UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

Homeless duties, human rights and suitability decisions – Nearly Legal

‘Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36. Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her of when she was imprisoned in Iran (though she did say it would have been suitable as temporary accommodation). She had had a panic attack on viewing the property. RBKC found the property was suitable and reasonable to accept on review, upheld on appeal and in the court of appeal.’

Full story

Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Comments Off on Homeless duties, human rights and suitability decisions – Nearly Legal

Regrette rien – Nearly Legal

Posted May 22nd, 2017 in homelessness, housing, judicial review, local government, London, news by tracey

‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’

Full story

Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Comments Off on Regrette rien – Nearly Legal

Baby deaths linked to lack of basic midwife training – Daily Telegraph

Posted May 22nd, 2017 in birth, children, education, midwives, negligence, news, personal injuries by tracey

‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’

Full story

Daily Telegraph, 20th May 2017

Source: www.telegraph.co.uk

Comments Off on Baby deaths linked to lack of basic midwife training – Daily Telegraph

Rapist who fled to Pakistan is jailed for nine years – BBC News

Posted May 22nd, 2017 in fugitive offenders, news, Pakistan, rape, sentencing by tracey

‘A man who fled to Pakistan after raping a teenage girl has been jailed after he was caught trying to return to the UK.’

Full story

BBC News, 21st May 2017

Source: www.bbc.co.uk

Comments Off on Rapist who fled to Pakistan is jailed for nine years – BBC News

Afghanistan blast scientist Lee Peters receives MoD payout – BBC News

‘A scientist who lost three fingers when a suspicious package exploded as he handled it has been compensated by the Ministry of Defence.’

Full story

BBC News, 21st May 2017

Source: www.bbc.co.uk

Comments Off on Afghanistan blast scientist Lee Peters receives MoD payout – BBC News

Charities may face criminal sanctions as ‘gagging law’ backdated before election – The Guardian

Posted May 22nd, 2017 in charities, elections, legislation, lobbying, news, retrospectivity, sanctions by tracey

‘UK charities face a permanent “chilling effect” on their campaigns after the Electoral Commission said they must declare any work that could be deemed political over the past 12 months to ensure they are not in breach of the Lobbying Act.’

Full story

The Guardian, 21st May 2017

Source: www.guardian.co.uk

Comments Off on Charities may face criminal sanctions as ‘gagging law’ backdated before election – The Guardian

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

Full story

Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

Police failed to engage with public, Met knife campaign chief admits – The Guardian

Posted May 22nd, 2017 in London, news, police, statistics, violence, weapons, young persons by tracey

‘The head of the Metropolitan police’s anti-knife initiative, Operation Sceptre, has admitted past failures in engaging with communities most affected by youth violence, amid criticism of the force’s latest strategy to tackle the problem. But DCS Michael Gallagher said that for the latest phase of its strategy to reduce knife crime – launched after recent police figures showing a rise of 24% in the past year in London – the Met was ready to work with civil society groups to find joint solutions to the problem.’

Full story

The Guardian, 21st May 2017

Source: www.guardian.co.uk

Comments Off on Police failed to engage with public, Met knife campaign chief admits – The Guardian