Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Lawyers can recover costs of attending rehab meetings “in principle” – Legal Futures

Posted March 18th, 2024 in appeals, case management, costs, damages, news, personal injuries, solicitors by tracey

‘The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

High Court upholds wasted costs order against law firm – Legal Futures

‘A circuit judge was entitled to make a wasted costs order against a firm of solicitors that failed to translate their client’s statement and pleadings for use at trial, the High Court has ruled.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

News focus: Dr Bitcoin case comes to an abrupt end – Law Society’s Gazette

Posted March 18th, 2024 in cryptocurrencies, forgery, news by tracey

‘Dr Craig Wright was accused of “forgery on an industrial scale” in a case that ended yesterday when the High Court ruled he is not the inventor of bitcoin. The judge found his adversaries’ evidence “overwhelming.”’

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Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk

Court of Appeal delivers boost for claimant lawyers on costs principle – Law Society’s Gazette

Posted March 18th, 2024 in appeals, case management, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Claimant lawyers will breath a sigh of relief today after the Court of Appeal ruled that costs of attending rehabilitation case management meetings could in principle be recovered.’

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Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk

‘It’s an excuse to overreach’: families’ anger over UK police restraint deaths blamed on disputed condition – The Guardian

‘Acute behavioural disturbance and excited delirium have been cited in police watchdog reports and inquests into 44 deaths – but campaigners say it is pseudoscience.’

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The Guardian, 17th March 2024

Source: www.theguardian.com

Two jailed for trying to smuggle migrants out of UK – BBC News

Posted March 18th, 2024 in immigration, imprisonment, news, sentencing, trafficking in human beings by tracey

‘Two men have been jailed for a total of 12 years for trying to smuggle migrants out of the UK in a refrigerated lorry.’

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BBC News, 15th March 2024

Source: www.bbc.co.uk

HMP Woodhill: Prison staff made insufficient checks on inmate found dead – BBC News

‘Prison staff failed to properly check on a prisoner the morning he was found dead, the prisons ombudsman has ruled.’

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BBC News, 18th March 2024

Source: www.bbc.co.uk

How sex abusers who target their own children keep parental rights – and the mothers fighting back – The Independent

‘A mother is desperate to change her child’s surname – so that they no longer share it with their criminal father. But Emily* is being blocked from doing so by her ex, despite the fact that he is a convicted child sex offender. Her predicament is not unique. Under English and Welsh law, child sex abusers are able to keep their parental rights in the UK, even if they target their own children. This allows them to retain influence over where the child lives, as well as their healthcare and education.’

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The Independent, 17th March 2024

Source: www.independent.co.uk

Woman whose baby was stillborn in HMP Styal praises sentencing changes – The Guardian

‘A former prisoner who gave birth to a stillborn baby in a jail toilet has welcomed changes that campaigners hope will reduce the number of pregnant women locked up, as a “legacy” for the daughter she lost.’

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The Guardian, 18th March 2024

Source: www.theguardian.com

Sentencing Council to make changes to manslaughter guidelines and introduce new guidance for sentencing pregnant offenders – Sentencing Council

‘Changes to a number of sentencing guidelines have been published by the Sentencing Council following a consultation on miscellaneous amendments. The changes, which will come into effect on 1 April 2024, include amendments to the manslaughter guidelines made in response to recommendations in the Domestic Homicide Sentencing Review and the introduction of a new, dedicated mitigating factor providing guidance for courts on sentencing pregnant offenders and new mothers.’

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Sentencing Council, 18th March 2024

Source: www.sentencingcouncil.org.uk

Courting controversy: the use of trigger warnings in teaching human rights law – The Law Teacher

Posted March 15th, 2024 in education, human rights, legal education, mental health, news, universities by sally

‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’

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The Law Teacher, 1st March 2024

Source: www.tandfonline.com

How has UK extremism definition changed and why is it attracting criticism? – The Guardian

‘The communities secretary, Michael Gove, has laid out a new definition of extremism. Here the Guardian examines what has changed and why, and the reason it is attracting criticism.’

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The Guardian, 14th March 2024

Source: www.theguardian.com

High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

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Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

The UK and the ECHR After Brexit: The Challenge of Immigration Control – EIN Blog

Posted March 15th, 2024 in asylum, brexit, EC law, human rights, immigration, news by sally

‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’

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EIN Blog, 14th March 2024

Source: www.ein.org.uk

Kaylea Titford had no care plan in place when she died, review finds – The Guardian

‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’

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The Guardian, 14th March 2024

Source: www.theguardian.com

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

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UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

Former Lord Chief cautions against regulation of litigation funding – Legal Futures

Posted March 15th, 2024 in bills, civil justice, Civil Justice Council, news, third parties by sally

‘Regulation may not be answer for the future of the third-party litigation funding market, a former Lord Chief Justice has cautioned ahead of the Civil Justice Council (CJC) review of the sector.’

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Legal Futures, 15th March 2023

Source: www.legalfutures.co.uk

Jailed bankers appeal against interest rate ‘rigging’ convictions – BBC News

‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’

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BBC News, 14th March 2024

Source: www.bbc.co.uk