Harry Dunn’s family can appeal against High Court ruling – BBC News

Posted December 4th, 2020 in news by sally

‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Dolan’s latest lockdown defeat – UK Human Rights Blog

Posted December 4th, 2020 in news by sally

‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’

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UK Human Rights Blog, 3rd December 2020

Source: ukhumanrightsblog.com

Alison L Young: The Draft Fixed-term Parliaments Act 2011 (Repeal) Bill: Turning Back the Clock? – UK Constitutional Law Association

Posted December 4th, 2020 in news, Uncategorized by sally

‘Things were different in 2010. If schools closed and households found themselves stuck indoors, or unable to travel abroad, it was due to snowstorms and erupting Icelandic volcanoes, not because of a pandemic. Moreover, if the then Prime Minister wished to dissolve Parliament, he did not need to adhere to the requirements of the Fixed-term Parliaments Act 2011, which fixed parliamentary terms to five years, allowing for early parliamentary general elections either following a vote of two-thirds of the House of Commons in favour of an early parliamentary general election, or following a vote of no confidence. Instead, so the draft Fixed-term Parliaments Act 2011 (Repeal) Bill would have us believe, the Prime Minister could dissolve Parliament and instigate a new general election by use of a prerogative power, at a date of his choosing unchecked by the courts, subject only to ensuring Parliament did not exceed its maximum term of five years.’

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UK Constitutional Law Association, 4th December 2020

Source: ukconstitutionallaw.org

East Yorkshire hospital trust pays millions over child’s brain damage – BBC News

Posted December 4th, 2020 in news by sally

‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Indefinite sentences ‘the greatest single stain on justice system’ – The Guardian

Posted December 4th, 2020 in news by sally

‘A former supreme court justice has called for urgent action in dealing with prisoners languishing under indefinite sentences, branding the now defunct scheme “the greatest single stain on our criminal justice system”.’

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The Guardian, 3rd December 2020

Source: www.theguardian.com

Intervening but overcrowded accommodation – Nearly Legal

Posted December 3rd, 2020 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’

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Nearly Legal, 1st December 2020

Source: nearlylegal.co.uk

Nicholas Reed Langen: Reforming the Supreme Court – UK Constitutional Law Association

Posted December 3rd, 2020 in constitutional law, diversity, judiciary, news, Supreme Court by tracey

‘Fresh from inaugurating its Independent Review of Administrative Law, this government is still not finished with the judiciary, at least according to recent policy proposals leaked to the Sunday Telegraph. Downing Street has also turned its eye onto the Supreme Court and its structure and composition.’

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UK Constitutional Law Association, 1st December 2020

Source: ukconstitutionallaw.org

When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer

Posted December 3rd, 2020 in appeals, civil procedure rules, local government, news, planning by tracey

‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds adoption after rare hearing of substantive application for revocation – Local Government Lawyer

Posted December 3rd, 2020 in adoption, local government, news, placement orders by tracey

‘The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Ashbolt v HMRC [2020] STC 1813 – CrimeCast.Law

Posted December 3rd, 2020 in HM Revenue & Customs, income tax, loans, news, podcasts, search & seizure, tax avoidance by tracey

‘The case arose from the response of certain taxpayers and their professional advisers to the Treasury’s introduction of the so called ‘loan charge’ under the Finance Act (No 2) 2017, which was intended to enable HM Revenue and Customs to put an end to what had become a widespread practice of avoiding income tax by characterising payments as loans rather than income. HMRC commenced a criminal investigation into the conduct of a number of subscribers to a particular tax avoidance scheme and, in the course of that investigation, they obtained and executed search warrants relating to both residential and business premises. The question arose whether the first set of access conditions in paragraph 2 to Scheduled 1 of PACE, and whether the further condition in paragraph 14(d) of that schedule had been satisfied. It prompted the Divisional Court to issue a stern warning about the need for scrupulous care in presenting such an application and the court also gave guidance on how, in practical terms, the judge to whom the application is made should be assisted in focusing on the key issues which he or she needs to resolve …’

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CrimeCast.Law, 30th November 2020

Source: crimecast.law

Divorce in Later Life – Family Law

Posted December 3rd, 2020 in divorce, elderly, news by tracey

‘Karin Walker, Founder of KGW Family Law, explains the issues of specific concern for family lawyers acting for “silver splitters.”’

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Family Law, 2nd December 2020

Source: www.familylawweek.co.uk

Home Office urged to ensure better access to legal advice after Jamaicans taken off flight in eleventh hour – The Independent

Posted December 3rd, 2020 in deportation, immigration, Jamaica, legal representation, news by tracey

‘The Home Office is being urged to ensure people facing deportation have adequate access to legal advice prior to their removal after tens of Jamaican nationals were taken off a charter flight following a last-minute legal intervention.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk

A substantive review of the landmark decision in Taylor v Jaguar Land Rover Limited and the protection it provides for those who identify as non-binary and gender fluid under the Equality Act 2010 – Lamb Chambers

‘In September 2020, the Employment Tribunal ruled in Taylor v Jaguar Land Rover Limited that the definition of gender reassignment under section 7 Equality Act 2010 (“EA 2010”) covers employees who identify as non-binary and gender fluid. The Claimant, Ms Taylor, successfully claimed direct discrimination, harassment and victimisation on the grounds of gender reassignment.’

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Lamb Chambers, November 2020

Source: www.lambchambers.co.uk

Young black males in London ’19 times more likely to be stopped and searched’ – The Guardian

Posted December 3rd, 2020 in London, minorities, news, police, reports, statistics, stop and search, young persons by tracey

‘Young black males in London were 19 times more likely to be stopped and searched than the general population, a study of official data shows.’

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The Guardian, 3rd December 2020

Source: www.theguardian.com

Piers Corbyn guilty of lockdown protest restrictions breach – BBC News

Posted December 3rd, 2020 in coronavirus, demonstrations, news, regulations by tracey

‘Piers Corbyn has been found guilty of breaching coronavirus restrictions at an anti-lockdown gathering.’

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BBC News, 2nd December 2020

Source: www.bbc.co.uk

Covid-19: Do not resuscitate orders may have been used without consent – BBC News

Posted December 3rd, 2020 in consent, coronavirus, hospitals, medical treatment, news by tracey

‘Doctors may have made decisions about “do not resuscitate orders” without consent in the first wave of the pandemic, the care watchdog has warned. The Care Quality Commission said it saw a jump in complaints about such DNR orders between March and September.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Government plans ban on controversial live animal exports – The Independent

Posted December 3rd, 2020 in animals, brexit, consultations, EC law, news, slaughter by tracey

‘The government has said it is planning to ban the export of live animals for slaughter and fattening, as it seeks to “strengthen the UK’s position as a world leader on animal welfare”.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk

New criminal record disclosure rules take effect – UK Human Rights Blog

‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’

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UK Human Rights Blog, 1st December 2020

Source: ukhumanrightsblog.com

High Court rules out “retrospective” arbitration appeal – Litigation Futures

Posted December 2nd, 2020 in agriculture, appeals, arbitration, news, retrospectivity by tracey

‘The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.’

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Litigation Futures, 2nd December 2020

Source: www.litigationfutures.com

CPS says: How we’re working to overcome harmful rape myths and stereotypes – Crown Prosecution Service

‘As an experienced prosecutor of rape and serious sexual offences, I never underestimate the courage it takes for a victim to report such a deeply violating and distressing event to police. CPS staff, especially those on our RASSO teams are all too aware of the unique barriers many face when deciding whether to report offences relating to sexual assault; these include shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from the community.’

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Crown Prosecution Service, 29th November 2020

Source: www.cps.gov.uk