Paul Lamb: Paralysed Leeds man urges government inquiry – BBC News

Posted November 26th, 2020 in assisted suicide, disability discrimination, disabled persons, inquiries, news by tracey

‘A paralysed former builder has called for an inquiry into assisted dying after losing the latest in a series of bids to challenge the law on the issue.’

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BBC News, 25th November 2020

Source: www.bbc.co.uk

Eton teacher found guilty of sexually touching students on night-time visits to bedrooms – The Independent

Posted November 26th, 2020 in child abuse, news, sexual offences, teachers by tracey

‘A former Eton College teacher has been found guilty of sexually touching students during night-time visits to their bedrooms.’

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The Independent, 25th November 2020

Source: www.independent.co.uk

The cart before the horse when requesting an adjudicator: Land End Developments Construction Limited v Kingstone Civil Engineering Limited [2020] EWHC 2338 – Hardwicke Chambers

‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (“the Scheme”). Lane End Developments Construction Limited (“Lane End”) was the main contractor on a housing development (“the Development”) and Kingstone Civil Engineering Limited (“Kingstone”) was sub-contracted to carry out enabling works for the Development. On 2nd March 2020, Kingstone issued Interim Payment Application No. 17 in the sum of £356,439.19, but Lane End did not serve a Pay Less Notice nor, until 26th March, did it serve a Payment Notice.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

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CrimeCast.Law, 24th November 2020

Source: crimecast.law

The Nature of Demurrage: K Line Pte Ltd v Priminds Shipping (Hk) Co. Ltd. m.v. “Eternal Bliss” [2020] EWHC 2373 (Comm) – 33 Bedford Row

Posted November 25th, 2020 in appeals, arbitration, chambers articles, charterparties, compensation, damages, news by sally

‘An important point regarding the nature of demurrage may, finally, have been conclusively determined by the High Court in this recent case, which came before Mr Justice Andrew Baker. It is however presently the subject of an appeal to the Court of Appeal (leave having been granted by the learned judge), so a definitive answer is awaited.’

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33 Bedford Row, 12th November 2020

Source: www.33bedfordrow.co.uk

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

Racism and Football – What are the possible solutions? – Church Court Chambers

Posted November 25th, 2020 in chambers articles, diversity, employment, equality, news, race discrimination, racism, sport by sally

‘This two-part series of articles written by Yasin Patel (barrister and director of SLAM) looks at the question of “racism in football”. The first article outlined the arguments as to why discrimination and racism is “alive and kicking” in the game and the many forms in which it is prevalent throughout the whole structure of the game.’

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Church Court Chambers, November 2020

Source: churchcourtchambers.co.uk

Domestic abuse victims with ‘trapped capital’ should not be denied legal aid, court rules – The Guardian

‘Victims of domestic abuse should not be denied legal aid because they have assets trapped in a home, the high court has ruled.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

Supreme Court reduces standard of proof for suicide and unlawful killing in inquest conclusions – Park Square Barristers

‘The Supreme Court has on 13 November 2020 handed down the judgment in this case concerning the appropriate standard of proof for conclusions at inquests.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Legal Services Act a decade on: Much to celebrate but much to do – Legal Futures

Posted November 25th, 2020 in criminal justice, diversity, legal aid, legal services, Legal Services Board, news by sally

‘There is “much to celebrate” from the first decade of the Legal Services Act but the basic legal needs of many citizens are still not being met, the Legal Services Board (LSB) said today.’

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Legal Futures, 25th November 2020

Source: www.legalfutures.co.uk

As a victim of undercover police spying, this inquiry has left me bruised, but buoyed – The Guardian

Posted November 25th, 2020 in deceit, demonstrations, inquiries, investigatory powers, news, police, victims by sally

‘Uncovering that my partner was ‘Mark Kennedy’ was traumatic, but there’s hope in being part of something bigger than myself.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

When is suitable? – Nearly Legal

Posted November 25th, 2020 in appeals, housing, local government, news, statutory duty, statutory interpretation by sally

‘When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal in this second appeal by Bromley from a s.204 appeal which had quashed Bromley’s decision that the accommodation offered was suitable.’

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Nearly Legal, 23rd November 2020

Source: nearlylegal.co.uk

Home Office broke equalities law with hostile environment measures – The Guardian

‘The Home Office broke equalities law when it introduced its hostile environment immigration measures, a critical report from the Equality and Human Rights Commission (EHRC) has concluded.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Carbon neutrality and the consistory courts – Law & Religion UK

‘The practical issues of reducing GHG emissions were considered in Re St. Mark Mitcham [2020] ECC Swk5, which concerned the replacement of an existing gas fuelled heating system. Mindful of Synod’s commitment, Chancellor Philip Petchey expressed a hope that those who involved in achieving the carbon reduction targets would find the judgment helpful.’

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Law & Religion UK, 24th November 2020

Source: lawandreligionuk.com

‘Antiquated process’: data regulator on obtaining Cambridge Analytica warrant – The Guardian

Posted November 25th, 2020 in auditors, data protection, fines, internet, news, privacy, select committees, warrants by sally

‘The information commissioner has criticised the “antiquated process” that led to Facebook getting hold of Cambridge Analytica’s servers before the UK regulator itself, and renewed calls for an international approach to data privacy to tackle the emerging threat of data havens.’

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The Guardian, 24th November 2020

Source: www.theguardian.com

Richard Huckle: Prisoner jailed over ‘poetic justice’ murder – BBC News

Posted November 25th, 2020 in child abuse, imprisonment, murder, news, prisons, sentencing, sexual offences by sally

‘A psychopathic prisoner who murdered paedophile Richard Huckle in an act of “poetic justice” has been sentenced to a minimum of 34 years in jail.’

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BBC, 24th November 2020

Source: www.bbc.com

Judge issues second ruling sharply criticising lack of suitable regulated placement for vulnerable 16-year-old woman with complex needs – Local Government Lawyer

‘A High Court judge has sent a second judgment in less than a month – this time “more in exasperated hope than expectation” – to the Children’s Commissioner for England, the Secretary of State for Education, the Minister for Children and others over the lack of regulated accommodation for vulnerable children.’

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Local Government Lawyer, 24th November 2020

Source: www.localgovernmentlawyer.co.uk

Report questions equality initiatives that “set women apart” – Legal Futures

Posted November 24th, 2020 in diversity, equality, law firms, news, reports, women by sally

‘Some of the measures used by law firms to tackle a lack of gender diversity in senior roles could be “ineffective or even counter-productive”, a report has found.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk