Mirchandani– some good news for Private Prosecutors – 2 Hare Court

Posted October 27th, 2020 in confiscation, costs, news, private prosecutions by sally

‘It is well established that private prosecutors may pursue confiscation proceedings in the Crown Court and that confiscation proceedings, as part of the sentencing process, are properly classified as part of the criminal proceedings. As such, if successful, a private prosecutor can expect to recover from central funds costs incurred in such proceedings, under s.17 of the Prosecution of Offences Act 1985, which, as amended, provides that a court may award such costs in “any” proceedings “in respect of an indictable offence”; and, in any proceedings before a Divisional Court of the QBD or the Supreme Court “in respect of a summary offence”.’

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2 Hare Court, 13th October 2020

Source: www.2harecourt.com

CVA – 3 Hare Court

Posted October 27th, 2020 in company law, compromise, insolvency, news by sally

‘In this article Richard Bottomley gives an overview of what Company Voluntary Arrangements (“CVAs”) are, when they are used and the advantages and disadvantages to the company and creditors.’

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3 Hare Court, October 2020

Source: www.3harecourt.com

Is a philosophical belief in Stoicism a protected belief under section 10 of the Equality Act? Yes it is, says London South Employment Tribunal – 3PB

‘C was dismissed for refusing to apologise for offending his colleagues. C’s position was that he had mixed up his words due to his dyslexia. The offence that he had caused was unintentional. He had refused to apologise, or to apologise sufficiently, for that reason. He asserted that he was being required to communicate in a way that could not be misinterpreted, and that as a Stoic this was something that he could not do.’

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3PB, 7th October 2020

Source: www.3pb.co.uk

Taking a Cut? Reflections on Belsner v Cam Legal Services Ltd – 4 New Square

Posted October 27th, 2020 in costs, damages, news, personal injuries, solicitors by sally

‘The latest case on solicitors deducting costs from damages in fixed costs cases is causing a stir, but Rob Marven QC and Ben Williams QC of 4 New Square argue that it is a decision on unusual facts, and that some key issues went unexplored.’

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4 New Square, 22nd October 2020

Source: www.4newsquare.com

The Perils of Zoom: the Court allows an appeal against a judge’s refusal to recuse herself after she was inadvertently overheard making negative comments about a party during a Zoom hearing – 1 GC: Family Law

Posted October 27th, 2020 in appeals, internet, judges, news, recusal, remote hearings by sally

‘The Court of Appeal allowed an appeal against a judge’s refusal to recuse herself after she was overheard making pejorative comments about a party during a break in a Zoom hearing, and brings the perils of a remote hearing into sharp focus. Tahmina Rahman, barrister at 1 GC Family Law, examines the issues.’

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1 GC: Family Law, 21st October 2020

Source: 1gc.com

Court of Appeal upholds ruling that council overcharged tenants for water – Local Government Lawyer

Posted October 27th, 2020 in agreements, appeals, interpretation, landlord & tenant, local government, news, water by sally

‘The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water.’

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Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk

Claire Parry death: PC Timothy Brehmer cleared of murder – BBC News

Posted October 27th, 2020 in coercive & controlling behaviour, guilty pleas, homicide, murder, news by sally

‘A police officer who strangled his long-term lover after she exposed their affair to his wife has been cleared of murder.’

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BBC News, 27th October 2020

Source: www.bbc.co.uk

Fourth High Court judge this year hits out at lack of secure accommodation for vulnerable young person – Local Government Lawyer

Posted October 27th, 2020 in children, detention, mental health, news, young persons by sally

‘A fourth High Court judge this year has sent a copy of their judgment to the Secretary of State for Education in a case concerning the lack of secure accommodation for a vulnerable young person.’

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Local Government Lawyer, 27th October 2020

Source: www.localgovernmentlawyer.co.uk

Fijian-born British soldiers lose latest legal fight to stay in UK – The Guardian

Posted October 27th, 2020 in armed forces, citizenship, immigration, judicial review, medical treatment, news by sally

‘Eight Fijian-born soldiers who served with the British army in Iraq and Afghanistan have been rebuffed in their initial attempt to seek a judicial review of the handling of their immigration claims.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Part 1: Expert evidence – Additional expert evidence following a Joint Report. – Parklane Plowden Chambers

Posted October 27th, 2020 in evidence, expert witnesses, news, noise, personal injuries by sally

‘The recent case of Hinson v Hare [2020] EWHC 2386 QB provides further clarification on the circumstances in which a court may allow one party permission to rely on a further expert report, when the conclusions reached by the single joint expert are not to their liking. Whilst the specific claim was for noise induced hearing loss (NIHL) the principles expounded can be applied generally.’

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Parklane Plowden Chambers, 2nd October 2020

Source: www.parklaneplowden.co.uk

Home Office Removals Policy Unlawful, holds Court of Appeal – UK Human Rights Blog

Posted October 27th, 2020 in deportation, human rights, immigration, ministers' powers and duties, news by sally

‘On 21/10/2020, the Court of Appeal ruled that the Home Office’s removal window policy (‘the Policy’) was unlawful. The Policy incorporated an unacceptable risk of interference with the right of access to court by exposing a category of irregular migrants — including those who have claims in respect of their right to life and/or freedom from torture and inhuman or degrading treatment — to the risk of removal without any proper opportunity to challenge a relevant decision in a court or tribunal.’

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UK Human Rights Blog, 27th October 2020

Source: ukhumanrightsblog.com

We can work it out: Understanding the new sponsored worker scheme and options for employing migrant workers post-Brexit – EIN Blog

Posted October 27th, 2020 in brexit, immigration, migrant workers, news, regulations, sponsored immigrants by sally

‘On 22 October 2020 new Immigration Rules were published which will fundamentally change how UK business recruits and retains migrant talent. Here we look at 10 key things to know about these changes, and how they may affect individuals and employers.’

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EIN Blog, 27th October 2020

Source: www.ein.org.uk

Convictions for rapes in London less likely than in 2015, research shows – The Guardian

Posted October 27th, 2020 in London, news, prosecutions, rape, sexual offences by sally

‘The London assembly’s police and crime committee has written to the lord chancellor, Robert Buckland, amid concerns over a “toxic combination” of falling convictions in rape and sexual offence cases despite a rise in reports and a backlog of cases in the courts.’

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The Guardian, 26th October 2020

Source: www.theguardian.com

Individual privacy versus national security: where is the line? – Lamb Chambers

‘Oscar Davies discusses the recent Privacy International case and its wider implications, in which the CJEU held that UK law went too far in permitting ‘general and indiscriminate’ access of bulk communications data to MI5, MI6 and GCHQ.’

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Lamb Chambers, October 2020

Source: www.lambchambers.co.uk

US evangelical group takes legal action against UK venues – The Guardian

Posted October 27th, 2020 in contracts, freedom of expression, news, religious discrimination by sally

‘A conservative US evangelical organisation is taking legal action against UK entertainment venues that cancelled appearances by Franklin Graham, a preacher who has expressed homophobic and Islamophobic views, earlier this year.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Alfie Gildea: ‘Danger signs missed’ before baby’s death – BBC News

Posted October 27th, 2020 in child abuse, domestic violence, inquests, news, police, social services by sally

‘Mistakes made by police and other agencies “probably” contributed to the death of a baby boy who was killed by his violent father, an inquest ruled.’

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BBC News, 23rd October 2020

Source: www.bbc.co.uk

Legal loophole allows children to get free vape samples – The Guardian

Posted October 27th, 2020 in advertising, children, consumer protection, health, news, smoking by sally

‘Health campaigners have expressed alarm after it emerged that a loophole in the law means it is legal for marketing companies to hand out vapes to children for free.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

UK faces new legal challenge over arms sales to Saudi Arabia – The Guardian

Posted October 27th, 2020 in international trade, judicial review, licensing, news, Saudi Arabia, weapons by sally

‘Campaigners have filed for a judicial review of the UK government’s decision to renew arms sales to Saudi Arabia.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Traveller families win court battle over living on land they own – BBC News

Posted October 27th, 2020 in appeals, housing, local government, news, planning, travellers by sally

‘Six Traveller families have won a High Court appeal against a decision which would stop them living on land they own in Newark-on-Trent, Nottinghamshire.’

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BBC News, 27th October 2020

Source: www.bbc.co.uk

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org