Martin Bashir: Police take no action over Diana interview – BBC News

Posted September 16th, 2021 in BBC, deceit, media, news, police, prosecutions, reports, royal family by tracey

‘Detectives will take no further action over Martin Bashir’s BBC interview with Diana, Princess of Wales. The Metropolitan Police looked at an independent review of the methods used to obtain the 1995 interview, but had “not identified evidence of activity that constituted a criminal offence”.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

Will Cutting The Universal Credit Uplift Impact Human Rights? – Each Other

Posted September 15th, 2021 in benefits, coronavirus, government departments, human rights, news by tracey

‘Universal credit claimants are about to lose £20-a-week from their payments, equivalent to £1040 a year. Introduced as a temporary measure at the start of the coronavirus pandemic in 2020, Chancellor Rishi Sunak said the extra payment would stop in October. Removing the uplift, which has helped claimants make ends meet during the pandemic, could infringe on the right to a private life enshrined in Article 8 of the Human Rights Act.’

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Each Other, 15th September 2021

Source: eachother.org.uk

Injunction for re-entry and balance of convenience. – Nearly Legal

Posted September 15th, 2021 in appeals, housing, injunctions, landlord & tenant, mental health, news, repossession by tracey

‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Vernon Bogdanor: Reply to McHarg and Young – UK Constitutional Law Association

Posted September 15th, 2021 in brexit, constitutional law, devolution, human rights, London, news, parliament by tracey

‘Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested. The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the government of London which provided for Britain’s first directly elected mayor.’

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UK Constitutional Law Association, 14th September 2021

Source: ukconstitutionallaw.org

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by tracey

‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’

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UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

NDAs “cannot be controlled by professional regulators” – Legal Futures

‘The use of non-disclosure agreements (NDAs) cannot be effectively controlled by professional regulators like the Solicitors Regulation Authority (SRA) and legislation is needed, a law professor and campaigner for tougher restrictions has said.’

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Legal Futures, 15th September 2021

Source: www.legalfutures.co.uk

Watchdog criticises hospital bosses for widespread bullying – The Independent

‘Inspectors have rated the leadership of Nottingham University Hospitals Trust as inadequate after hearing of widespread bullying and staff fearful of raising concerns.’

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The Independent, 15th September 2021

Source: www.independent.co.uk

UK borders bill could criminalise Afghan refugees, UN representative warns – The Guardian

Posted September 15th, 2021 in Afghanistan, asylum, bills, government departments, immigration, news, refugees by tracey

‘The UN’s refugee chief in London has said the introduction of the new nationality and borders bill could criminalise Afghan people who manage to escape the Taliban.’

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The Guardian, 14th September 2021

Source: www.theguardian.com

Chertsey: Zane Gbangbola flood death site ‘to be investigated’ – BBC News

‘Investigations at a former landfill site behind a house where a seven-year-old boy died are to take place as soon as possible, councillors have said.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

Knives in court: Rise in blades found at London family courts – BBC News

Posted September 15th, 2021 in family courts, news, offensive weapons, statistics by tracey

‘The number of large blades brought to London family courtrooms has tripled in a year, official records obtained by the BBC show.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

BMA drops opposition to assisted dying and adopts neutral stance – The Guardian

Posted September 15th, 2021 in assisted suicide, bills, doctors, news, statistics, trade unions by tracey

‘The British Medical Association (BMA) has dropped its opposition to assisted dying and adopted a neutral stance on the issue.’

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The Guardian, 14th September 2021

Source: www.theguardian.com

Gleision: Call for inquest into mining disaster 10 years on – BBC News

Posted September 15th, 2021 in bereavement, families, health & safety, inquests, miners, news by tracey

‘The families of four miners who died in a south Wales colliery disaster 10 years ago are calling for an inquest.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

Revival of section 3C leave approved by Court of Appeal – EIN Blog

‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’

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EIN Blog, 13th September 2021

Source: www.ein.org.uk

Dwyer we not able to terminate our contract for COVID-19? – Practical Law: Construction Blog

Posted September 14th, 2021 in contracts, coronavirus, news by tracey

‘Since the COVID-19 pandemic began, a key question for practitioners has been whether COVID-19 constitutes a force majeure event and so entitles parties to relief under contracts that include force majeure provisions. Much has been written on how little case law there is on this topic and how English law does not recognise force majeure as a standalone concept.’

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Practical Law: Construction Blog, 8th September 2021

Source: constructionblog.practicallaw.com

Mastercard? That’ll do nicely! Do you need to issue a new claim if your amendment might be statute barred? – Practical Law: Construction Blog

Posted September 14th, 2021 in amendments, civil procedure rules, construction industry, limitations, news by tracey

‘It is no coincidence that construction cases play a prominent role in many of the leading decisions concerning limitation. It is the nature of our work that problems have a tendency to emerge some time after the work was completed and, more than occasionally, new problems come to light after proceedings have commenced.’

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Practical Law: Construction Blog, 7th September 2021

Source: constructionblog.practicallaw.com

Judge hands down ruling on children under 16, deprivations of liberty and inherent jurisdiction after amendment of statutory scheme for placements – Local Government Lawyer

Posted September 14th, 2021 in children, deprivation of liberty safeguards, jurisdiction, local government, news by tracey

‘It remains open to the High Court to authorise, under its inherent jurisdiction, the deprivation of liberty of a child under the age of 16 where the placement in which the restrictions that are the subject of that authorisation will be applied is prohibited by the terms of the amended statutory scheme introduced by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2021

Source: www.localgovernmentlawyer.co.uk

Insight: Is turning back migrants at sea compatible with international law? – House of Commons Library

Posted September 14th, 2021 in asylum, human rights, immigration, international law, news, treaties, United Nations by tracey

‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’

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House of Commons Library, 13th September 2021

Source: commonslibrary.parliament.uk

Angry and despairing criminal Bar to “draw a line in the sand” – Legal Futures

Posted September 14th, 2021 in barristers, coronavirus, criminal justice, news by tracey

‘The “prevailing mood” among criminal defence barristers is one of “visceral anger and despair” and it is time to draw a line in the sand, the new chair of the Criminal Bar Association warned yesterday.’

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Legal Futures, 14th September 2021

Source: www.legalfutures.co.uk

New guidelines published for legal professionals practising within the Coroners’ Courts – Bar Standards Board

Posted September 14th, 2021 in bereavement, coroners, legal profession, news, press releases, standards by tracey

‘The Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation have today published new guidance designed to ensure standards for solicitors, barristers and CILEX Advocates working in the Coroners’ Courts.’

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Bar Standards Board, 13th September 2021

Source: www.barstandardsboard.org.uk