Tribunal rejects appeal over refusal by district council to disclose all information requested on Code of Conduct review panel hearing – Local Government Lawyer

‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’

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Local Government Lawyer, 24th June 2024

Source: www.localgovernmentlawyer.co.uk

Let us lead on equality, Bar Council chair tells BSB – Legal Futures

Posted June 25th, 2024 in barristers, diversity, equality, news by sally

‘The chairman of the Bar Council has urged the Bar Standards Board (BSB) to let it lead work on improving equality, diversity and inclusion (EDI) in the profession.’

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Legal Futures, 25th June 2024

Source: www.legalfutures.co.uk

A lawyer has been imprisoned for defrauding the Legal Aid Agency – Crown Prosecution Service

Posted June 25th, 2024 in barristers, fees, judges, legal aid, news, sentencing by sally

‘A barrister and part-time immigration tribunal judge has been jailed for defrauding the Legal Aid Agency, along with other lawyers, by falsely claiming defence legal costs.’

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Crown Prosecution Service, 21st June 2024

Source: www.cps.gov.uk

Curbs on expert cross-examination could lead to wrongful removals, family silks warn – Law Society’s Gazette

‘Senior family lawyers have warned that a little-known pilot project centring on the role and use of expert evidence will see children wrongly taken from their families. The Department for Education-funded pilot is up and running at NHS trusts in Manchester, Sheffield and Birmingham with little information available to either the public or family law specialists.’

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Law Society's Gazette, 24th June 2024

Source: www.lawgazette.co.uk

Planning, Environment and Property Newsletter – Summer 2024 Edition – 39 Essex Chambers

‘Welcome to the Summer 2024 edition of the 39 Essex Chambers’ Planning, Environment and Property newsletter. With the general election campaign underway and focusing more on national service than national planning policy frameworks, Paul Stinchcombe KC topically kicks off this edition by considering the grant of planning permission for 721 dwellings in Green Belt land and whether politics really plays that much part in the process.’

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39 Essex Chambers, 10th June 2024

Source: www.39essex.com

Supreme Court allows Mueen-Uddin appeal – 5RB

‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’

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5RB, 20th June 2024

Source: www.5rb.com

Time-limits in asset forfeiture proceedings – high time for clarity? – 2 Hare Court

Posted June 25th, 2024 in chambers articles, forfeiture, news, proceeds of crime, time limits by sally

‘Since the jurisdiction to freeze bank accounts and seize specific listed assets was introduced to the Magistrates’ Court by the Criminal Finances Act 2017, there has been a considerable increase in the recovery of money alleged to be the proceeds of crime or intended for use in crime by the authorities. Money recovered in civil forfeiture proceedings has increased from £42.5m in 2017/18, to £193.4m in 2021/22 and £97.2m in 2022/23. Account forfeiture orders made up 70% and 67% of those more recent receipts from civil forfeiture proceedings.’

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2 Hare Court, 20th June 2024

Source: www.2harecourt.com

Compensation process broken, says RAF veteran – BBC News

Posted June 25th, 2024 in armed forces, compensation, complaints, health, news, ombudsmen, personal injuries by sally

‘Any veteran who has an injury or illness as a result of service can apply for financial compensation from one of two schemes run by Veterans UK, a veterans service managed by the Ministry of Defence (MoD). The Armed Forces Compensation Scheme is in place for injuries on or after 6 April 2005. Anything before, is handled by the War Pension Scheme. Veterans have long criticised both schemes. Some say they reject claims unfairly, and are slow to resolve them.’

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BBC News, 25th June 2024

Source: www.bbc.co.uk

NHS confirms patient data stolen in cyber attack – BBC News

Posted June 25th, 2024 in computer crime, data protection, health, medical records, news by sally

‘NHS England has confirmed its patient data managed by blood test management organisation Synnovis was stolen in a ransomware attack on 3 June.’

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BBC News, 24th June 2024

Source: www.bbc.co.uk

Julian Assange leaves UK after striking deal with US justice department – The Guardian

Posted June 25th, 2024 in freedom of expression, guilty pleas, news, plea bargaining, spying by sally

‘Julian Assange has been released from a British prison and is expected to plead guilty to violating US espionage law, in a deal that would allow him to return home to his native Australia.’

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The Guardian, 25th June 2024

Source: www.theguardian.com

Different treatment for other boroughs – discriminatory policy – Nearly Legal

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

CA rules police disablement gratuity not occupational pension scheme – Pensions Barrister

‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

Dentons’ breach of AML rules was “inadvertent” – Legal Futures

‘A breach of the anti-money laundering (AML) rules by Dentons, the world’s largest law firm, was “inadvertent” and did not amount to professional misconduct, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 24th June 2024

Source: www.legalfutures.co.uk

FRJ – AT v BT: The Return of Compensation – Financial Remedies Journal

‘In AT v BT [2023] EWHC 3531 Francis J considered what he described (at [4]) as “the proper approach of the court to the sharing principle and to the principle of compensation” given that “the husband maintains that this is a pure needs case and the wife asserts that this is a full sharing case”. This led H to offer a lump sum of £3.545m and W to seek a lump sum of £9.145m (with W to retain a property with an agreed value of £195,000 (£190,000 net of notional costs of sale)).’

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Financial Remedies Journal, 20th June 2024

Source: financialremediesjournal.com

Fee earner guilty of contempt over pre-departure emails – Law Society’s Gazette

‘A fee earner who sent confidential information to his personal email address days before leaving his firm has been given an ultimatum to show the material had been deleted in compliance with a court order.’

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Law Society's Gazette, 21st June 2024

Source: www.lawgazette.co.uk

MoD accused of burying admission that UK special forces had power over Afghan sanctuary claims – The Independent

‘The Ministry of Defence has been accused of trying to bury an admission that the special forces had power over the UK sanctuary applications of Afghan allies amid an ongoing inquiry into potential war crimes in Afghanistan.’

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The Independent, 22nd June 2024

Source: www.independent.co.uk

Nurse struck off after claiming for shifts he did not work – BBC News

Posted June 24th, 2024 in disciplinary procedures, employment, fraud, hospitals, news, nurses by sally

‘A senior nurse who fraudulently claimed for shifts that he did not work has been struck off.’

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BBC news, 23rd June 2024

Source: www.bbc.co.uk

Police pay legal fees over parking ticket – BBC News

Posted June 24th, 2024 in fees, news, parking, police, prosecutions by sally

‘Police have agreed to pay the £1,500 legal fees of a driver they wrongly prosecuted for a parking offence.’

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BBC News, 24th June 2024

Source: www.bbc.co.uk

MoD failed soldier killed in training, family say – BBC News

Posted June 24th, 2024 in armed forces, bereavement, families, government departments, inquests, news by sally

‘The Ministry of Defence failed a soldier killed in a crash during a training exercise, his family have said.’

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BBC News, 22nd June 2024

Source: www.bbc.co.uk