Council wins Court of Protection appeal over ruling on capacity of 20-year-old man – Local Government Lawyer

Posted April 18th, 2024 in Court of Protection, learning difficulties, local government, news by sally

‘The Court of Protection has allowed an unnamed local authority’s appeal against a court decision that a 20-year-old man, ZZ, has capacity to make decisions about residence, engage in sexual relations and marriage.’

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Local Government Lawyer, 18th April 2024

Source: www.localgovernmentlawyer.co.uk

Banning ritual prayers in school: Michaela Schools Trust – Law & Religion UK

‘In R (TTT, by her mother and litigation friend UUU) v Michaela Community Schools Trust & Anor [2024] EWHC 842 (Admin), the school’s governing body decided in 2023 to prohibit its pupils from performing prayer rituals on its premises after the Headteacher had banned them as an interim measure. That policy applied to all prayer rituals, regardless of religion, but there was no evidence that pupils of any religion other than Islam wished to perform prayer rituals during the school day. Muslims are required to pray five times a day. The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time”.’

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Law & Religion UK, 17th April 2024

Source: lawandreligionuk.com

Whistleblower protection and proposals for reform – Kingsley Napley Criminal Law Blog

Posted April 18th, 2024 in bills, employment, news, whistleblowers by sally

‘When an individual raises concerns regarding suspected wrongdoing, important legal considerations arise for organisations: it can lead to an internal investigation, the interest of regulatory authorities or litigation. A huge range of issues can arise in such situations and the rights of the whistleblower and available protections are key considerations. In addition, the approach and expectations of the authorities in the UK are changing, particularly with support being voiced for the idea of introducing financial rewards for whistleblowers.’

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Kingsley Napley Criminal Law Blog, 17th April 2024

Source: www.kingsleynapley.co.uk

CrossCountry Trains advert banned over ‘insufficient’ free food and drink claims – The Independent

Posted April 18th, 2024 in advertising, complaints, food, news, railways, standards by sally

‘An ad for CrossCountry Trains has been banned for over-promising on the availability of complimentary food and drink for passengers.’

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The Independent, 17th April 2024

Source: www.independent.co.uk

Mohammed Abbkr sentenced for setting worshippers alight – BBC News

Posted April 18th, 2024 in attempted murder, hospital orders, mental health, news, sentencing by sally

‘A man who set two worshippers on fire as they left mosques has been sentenced to an indefinite hospital order.’

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BBC News, 17th April 2024

Source: www.bbc.co.uk

Lee Marsons: Developing an Ombuds Human Rights Practice – Essex Constitutional and Administrative Justice Initiative

Posted April 17th, 2024 in complaints, human rights, local government, maladministration, news, ombudsmen by sally

‘The core function of public services ombuds is to investigate complaints from individuals about “maladministration” by public bodies which has caused injustice. But ombuds have developed several other important functions designed to improve people’s experiences of public services. For example, as seen in the Council of Europe’s 2019 Venice Principles, ombuds are developing a role ensuring that public bodies do not neglect human rights.’

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Essex Constitutional and Administrative Justice Initiative, 15th April 2024

Source: essexcaji.org

Yvonne Fletcher: ex-colleague to bring private action against suspect in 1984 killing – The Guardian

Posted April 17th, 2024 in extradition, Libya, murder, news, police, private prosecutions by sally

‘A retired police officer who was on duty with PC Yvonne Fletcher when she was shot dead outside the Libyan embassy in London 40 years ago today is to bring a private prosecution against one of her alleged killers.’

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The Guardian, 17th April 2024

Source: www.theguardian.com

Man who murdered grandfather feigned mental illness – judge – BBC News

Posted April 17th, 2024 in families, imprisonment, mental health, murder, news, sentencing by sally

‘A man who murdered a grandfather tried to manipulate his psychiatric assessment in order to evade justice, a judge has said.’

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BBC News, 16th April 2024

Source: www.bbc.co.uk

The Curious Case of Computer-Generated Works (CGW) in THJ Systems v Sheridan – City Law Forum

Posted April 17th, 2024 in appeals, computer programs, copyright, intellectual property, news by sally

‘In December 2023, the Court of Appeal decided THJ Systems v Sheridan [2023] EWCA Civ 1354 and in doing so, illustrated my point nicely. That case involved a software which generated visual ‘risk and pie charts’. A representative example appears below. Both Mr Mitchell (the software developer) and Mr Sheridan (the software user) claimed to own the resulting visual images under section 9(3). This argument appeared in both the re-re-re- amended particulars of the claim (para 38.2) and the re-re-amended defence (para 49). The approved list of issues for trial (question 25) also explicitly directed the courts to determine who the author of the works was under section 9(3). With that in mind, one might expect the judgments of the High Court and Court of Appeal to interpret and apply s9(3).’

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City Law Forum, 17th April 2024

Source: blogs.city.ac.uk

Sanctions imposed for illegal boiler installation – Law & Religion UK

Posted April 17th, 2024 in Church of England, faculties, news by sally

‘In Re St. Mary Stalbridge [2024] EC Sal 1, Willink Dep. Ch. set out the circumstances in which an oil-fired boiler was installed in the church without a faculty; explained his decision to grant a confirmatory faculty; and the conditions under which this was granted. In the same judgment, the Deputy Chancellor gave directions requiring the provision of further evidence on the circumstances in which the boiler was unlawfully installed. Those directions are included as an annex to the subsequent judgment Re St. Mary Stalbridge [2024] EC Sal 2 which considers how the illegal act occurred and determines the court’s response.’

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Law & Religion UK, 17th April 2024

Source: lawandreligionuk.com

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer

‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Paedophiles could be stripped of parental rights under new law – BBC News

‘Paedophiles convicted of serious sexual offences could lose parental rights over their children under a new law.’

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BBC News, 17th April 2024

Source: www.bbc.co.uk

Serious care failings were a factor in son killing his father, coroner in Wales rules – The Guardian

Posted April 17th, 2024 in families, homicide, hospital orders, hospitals, inquests, mental health, news, sentencing by sally

‘A string of serious failings in the care provided for a man with schizophrenia who killed his father an hour after absconding from a psychiatric ward contributed to the death, a coroner has ruled.’

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Th Guardian, 16th April 2024

Source: www.theguardian.com

What is a deepfake and why does the government want to make them illegal? – The Independent

‘The creation of sexually explicit “deepfake” images is to be made a criminal offence under new legislation, the Ministry of Justice has announced.’

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The Independent, 16th April 2024

Source: www.independent.co.uk

Joe Tomlinson, Angela Paul, and Jed Meers: Are Statutory Duties to Protect the ‘Vulnerable’ a Good Idea? – UK Constitutional Law Association

Posted April 17th, 2024 in benefits, constitutional law, government departments, news, statutory duty by sally

‘The Work and Pensions Committee is conducting an inquiry on a highly important matter: how vulnerable welfare claimants are safeguarded by the Department of Work and Pensions (DWP), and whether changes ought to be made. In the course of this work, it has raised this important question: should the DWP be placed under a statutory duty for safeguarding vulnerable claimants?’

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UK Constitutional Law Association, 16th April 2024

Source: ukconstitutionallaw.org

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

High court upholds top London school’s ban on prayer rituals – The Guardian

Posted April 17th, 2024 in equality, human rights, Islam, news, religious discrimination, school children by sally

‘A high court decision to uphold a prayer ban at one of the highest performing state schools in England has been welcomed by Rishi Sunak and Kemi Badenoch, who described it as a “victory against activists trying to subvert our public institutions”.’

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The Guardian, 16th April 2024

Source: www.theguardian.com

Tribunal ruling is a step forward in understanding code disputes – OUT-LAW.com

Posted April 16th, 2024 in codes of practice, landlord & tenant, news, telecommunications, tribunals by tracey

‘A recent decision by the Upper Tribunal (Lands Chamber) on a reference under the Electronic Communications Code (the code) helpfully clarifies some of the outstanding issues in this area, property disputes experts have said.’

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OUT-LAW.com, 15th April 2024

Source: www.pinsentmasons.com

Concerns over violence and threatening behaviour sees robing pilot introduced for judges in Central Family Court – Local Government Lawyer

‘Judges sitting at the Central Family Court will wear robes during proceedings from this week (15 April 2024), in a pilot intended to explore the impact of increased formality in family courts.’

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Local Government Lawyer, 15th April 2024

Source: www.localgovernmentlawyer.co.uk

Pupil registration and attendance – Local Government Lawyer

‘Victoria Guest examines recent changes to the legal duties on schools regarding pupil registration and attendance.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk