news – Page 161 – Current Awareness

High Court dismisses judicial review against council after finding Bibby Stockholm barge lies outside area subject to planning control – Local Government Lawyer

Posted May 24th, 2024 in asylum, housing, immigration, judicial review, local government, news, planning by sally

‘The High Court has dismissed a judicial review claim brought by a local resident of Portland, who contended that the area of the seabed above which the Bibby Stockholm barge is moored forms part of the “land” that is subject to planning control under the Town and Country Planning Act (TCPA).’

Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Judge orders child to see mum accused of sex abuse – BBC News

Posted May 24th, 2024 in appeals, child abuse, children, families, indecent photographs of children, local government, news, social services, victims by sally

‘A judge in Liverpool ordered social services to arrange face-to-face contact between a “scared” toddler and a mother charged with sexually abusing her, a court has heard.’

BBC News, 24th May 2024

Source: www.bbc.co.uk

Court backlog target in England and Wales no longer achievable, says NAO – The Guardian

Posted May 24th, 2024 in criminal justice, Crown Court, delay, Ministry of Justice, news, statistics by sally

‘The Ministry of Justice’s ambition to reduce the backlog in crown courts in England and Wales to 53,000 by March next year is no longer achievable, a parliamentary watchdog has said.’

The Guardian, 24th May 2024

Source: www.theguardian.com

Bournemouth man guilty of murdering lodger and cutting up body – BBC News

Posted May 23rd, 2024 in drug abuse, murder, news, perverting the course of justice, preventing lawful & decent burial by sally

‘A man has been found guilty of murdering his lodger before scattering his severed body parts in packages and a suitcase.’

BBC News, 22nd May 2024

Source: www.bbc.co.uk

Grenfell bereaved and survivors must wait until 2027 for suspects to face trial – The Guardian

Posted May 23rd, 2024 in bereavement, delay, fire, homicide, inquiries, news, perverting the course of justice, trials by sally

‘The bereaved and survivors of Grenfell Tower must wait until at least 2027 – a decade after the blaze that killed 72 people – before those suspected of being responsible for the disaster could face criminal trials, it has emerged.’

The Guardian, 22nd May 2024

Source: www.theguardian.com

Litigation funding supports the public interest, major research finds – Legal Futures

Posted May 23rd, 2024 in champerty, civil justice, news, public interest, reports by sally

‘Litigation funding supports the public interest and access to justice but will remain niche in aiding consumers, according to major research which identified 44 cases in the last five years.’

Legal Futures, 23rd May 2024

Source: www.legalfutures.co.uk

Challenging FOS decisions: the Options case – Pensions Barrister

Posted May 23rd, 2024 in financial advice, judicial review, news, ombudsmen by sally

‘Paul Newman KC discusses Options UK Personal Pensions LLP v Financial Services Ombudsman Ltd, in which the Court of Appeal dismissed a judicial review claim brought by a SIPP provider challenging a decision by FOS that the provider had breached its duty to carry out proper due diligence in respect of an unsuitable pension investment.’

Pensions Barrister, 23rd May 2024

Source: www.pensionsbarrister.com

‘Missed opportunities’ to prevent paedophile’s murder – BBC News

Posted May 23rd, 2024 in murder, news, ombudsmen, prisons, reports by sally

‘The murder of a paedophile at HMP Full Sutton could have been avoided if reports on his killers’ cannibalistic fantasies had been acted upon, a report has found.’

BBC News, 22nd May 2024

Source: www.bbc.co.uk

Kate Roughley jailed for 14 years over death of baby at Stockport nursery – The Guardian

Posted May 23rd, 2024 in causing death of children or vulnerable adults, child abuse, homicide, news, sentencing by sally

‘A “callous” nursery worker has been jailed for 14 years for killing a nine-month-old girl who was strapped face down to a beanbag for more than 90 minutes.’

The Guardian, 22nd May 2024

Source: www.theguardian.com

Landlord who breached injunction preventing harassment of council staff handed suspended sentence and £75k costs order – Local Government Lawyer

Posted May 23rd, 2024 in costs, harassment, injunctions, landlord & tenant, local government, news, sentencing, suspended sentences by sally

‘A landlord in Kent has been sentenced to six months in prison, suspended for three years, and ordered to pay £75,000 in costs after being found in contempt of court.’

Local Government Lawyer, 22nd May 2023

Source: www.localgovernmentlawyer.co.uk

Lift-off for the Safety of Rwanda Act? – Law Society’s Gazette

Posted May 22nd, 2024 in asylum, bills, deportation, government departments, human rights, news, Rwanda by sally

‘On 25 April, the Safety of Rwanda (Asylum and Immigration) Act 2024 received royal assent and passed into law. This is the latest development relating to the government’s policy to stop small boat crossings via the implementation of a Rwanda asylum seeker removals scheme. After rounds of parliamentary ping-pong between the Commons and Lords, the government was able to push through the legislation. The final version of the act does not include any of the amendments passed by the Lords, such as a carve-out exemption to prevent removal to Rwanda of people who served with or for the British Armed Forces, such as Afghan translators.’

Law Society's Gazette, 21st May 2024

Source: www.lawgazette.co.uk

Children detained under little-known orders are speaking out after turning 18 – BBC News

Posted May 22nd, 2024 in children, deprivation of liberty safeguards, families, family courts, local government, news by sally

‘At the age of 14, Katy Baxter was detained alone under a court order, far from her Bournemouth home, supervised by two workers 24 hours a day, going for long periods without any contact with her family.’

BBC News, 22nd May 2024

Source: www.bbc.co.uk

Police chiefs say prison crisis in England and Wales is ‘unsustainable’ – The Guardian

Posted May 22nd, 2024 in criminal justice, delay, early release, Ministry of Justice, news, police, prisons by sally

‘Police chiefs have told ministers they fear that the crisis gripping the Prison Service in England and Wales is “unsustainable” and risks public safety, the Guardian has learned.’

The Guardian, 21st May 2024

Source: www.theguardian.com

The Basic Art of the Perfect Bundle – Pump Court Chambers

Posted May 22nd, 2024 in chambers articles, civil procedure rules, documents, news by sally

‘The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to be compared where needed and ensures that all evidence can be read and understood by those involved in the trial or hearing.’

Pump Court Chambers, 30th April 2024

Source: www.pumpcourtchambers.com

First trader to be jailed for rate rigging will go to the Supreme Court to clear his name – The Independent

Posted May 22nd, 2024 in appeals, banking, conspiracy, fraud, news, rates, Supreme Court by sally

‘The first trader jailed worldwide for Libor interest rate rigging has been left with a possible route clear his name, despite being refused permission to appeal against his conviction at the UK’s Supreme Court.’

The Independent, 21st May 2024

Source: www.independent.co.uk

Court of Appeal issues ruling on evidential value and reliability of hair strand drug testing – Local Government Lawyer

Posted May 22nd, 2024 in appeals, care orders, children, families, local government, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s decision to authorise the removal of three children from the care of their maternal grandmother and uncle, which was largely based upon three sets of hair strand testing reports.’

Local Government Lawyer, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Disavowing an Implied Term of Fairness – Industrial Law Journal

Posted May 22nd, 2024 in appeals, contract of employment, disciplinary procedures, employment, news by sally

‘In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In a recent article in this journal, Collins and Golding (the authors) endorse this direction of travel and explore what they see as a number of advantages that would accrue for employees (and other workers) should the courts hold that such a term is indeed part of the law of contract. This article seeks to argue that recognition of the term would be misguided.’

Industrial Law Journal, 13th May 2024

Source: academic.oup.com

Inquiry to begin into DWP’s treatment of ill and disabled people on benefits – The Guardian

Posted May 22nd, 2024 in benefits, disability discrimination, disabled persons, equality, Equality and Human Rights Commission, government departments, human rights, mental health, news by sally

‘The treatment of chronically ill and disabled people by welfare officials, including benefits decisions subsequently linked to the deaths of vulnerable claimants, is to be formally investigated by Britain’s human rights watchdog.’

The Guardian, 22nd May 2024

Source: www.theguardian.com

Sophie Phillips’ case comments on Birmingham City Council v Bravington [2023] EWCA Civ 308 – Park Square Barristers

Posted May 22nd, 2024 in appeals, chambers articles, housing, local government, news, repossession by sally

‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’

Park Square Barristers, 2nd April 2024

Source: www.parksquarebarristers.co.uk

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