PXT (A Child) v Atere-Roberts [2024] EWHC 1372 (KB) Costs Management: possible, and beneficial, even when the Claimant is a child – 12 King’s Bench Walk

Posted July 24th, 2024 in accidents, chambers articles, children, costs, damages, news, personal injuries by tracey

‘In this case Master Brown ordered that a case involving a child claimant should be subject to costs management, despite falling within an exception to automatic costs budgeting, and despite the medical prognosis not yet being finalised.’

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12 King's Bench Walk, 12th July 2024

Source: costsandlitigationfunding.com

What’s gone wrong with the law of contempt? – 4 New Square

‘In this article, Helen Evans KC, William Harman and Samuel Cuthbert of 4 New Square Chambers take a look at what has gone wrong with the law of contempt in proceedings involving frauds, or those embroiling professional advisers as defendants. They explain what the Law Commission is proposing to do, and consider how this will improve the present unsatisfactory state of the law.’

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4 New Square, 22nd July 2024

Source: www.4newsquare.com

Stronger competition penalties prompt CMA policy review – OUT-LAW.com

Posted July 23rd, 2024 in competition, consultations, enforcement, fines, news, ombudsmen, penalties by tracey

‘The UK’s Competition and Markets Authority (CMA) is updating its guidance on competition-related administrative penalties, to reflect the enforcer’s expanded fining powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA).’

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OUT-LAW.com, 22nd July 2024

Source: www.pinsentmasons.com

Sanjit Nagi: “A Mandate for Change!”: Popular Sovereignty and the Labour Party – UK Constitutional Law Association

Posted July 23rd, 2024 in constitutional law, elections, government departments, news, parliament by tracey

‘The recent general election saw the Labour Party being elected with a majority of 171 seats in Parliament. The following morning, in his first speech as Prime Minister, Sir Keir Starmer claimed the nation had given the Labour Party a “clear mandate”. Similarly, the new Chancellor of the Exchequer, Rachel Reeves, stated the British people had voted for change and she had “begun the work necessary to deliver on that mandate” by implementing the economic ideas set out in the Labour Party’s manifesto. Lastly, in one of his first acts as Secretary of State for Energy Security and Net Zero, Ed Miliband’s lifting of the onshore wind ban was justified on the grounds of the new Labour government being “elected with a mandate to take immediate action to boost Britain’s energy independence”. Overall, there has been a heavy emphasis on the direct relationship between the electoral mandate given by the British people and the implementation of policies.

Whether intentional or not, this speaks to a socialistic-constitutional tradition that developed within the Labour Party from 1900 to 1951. This tradition saw a reformulation of the Diceyan view of parliamentary sovereignty in the British constitution. More specifically, it departed from a legal notion of sovereignty and understood the authority of the elected majority in Parliament, its legislators, and its political and policy agenda as deriving from the citizenry themselves. As such, reframing sovereignty as popular sovereignty was the basis for implementing an uninhibited, electorally sanctioned, social and economic agenda. The short and simple aim of this post is to provide a legal-historical account of this reimagination of sovereignty by key figures within the Labour Party.’

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UK Constitutional Law Association, 22nd July 2024

Source: ukconstitutionallaw.org

Court of Appeal finds the National Crime Agency’s refusal to investigate human rights abuse-linked cotton imports from the Uyghur region unlawful – UK Human Rights Blog

‘R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715. This landmark decision was a successful appeal from the judgment of Dove J ([2023] EWHC 88 (Admin)) on the single issue of whether the National Crime Agency (“NCA”) misdirected itself when reaching the decision (i) not to investigate alleged offences under Part 7 of the Proceeds of Crime Act 2002 (“POCA”) and (ii) not to commence a civil recovery investigation under Part 5, in respect of certain cotton products brought into the UK alleged to be the product of forced labour and other human rights abuses.’

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UK Human Rights Blog,, 23rd July 2024

Source: ukhumanrightsblog.com

High Court judge stresses importance of resolving immigration status early in care proceedings – Local Government Lawyer

‘A High Court judge has highlighted the need to ensure that the immigration status of a child in public law proceedings before the Family Court is clarified at the “earliest opportunity”, and that any issues with respect to that child’s immigration status are dealt with before final orders are made.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Local authority loses judicial review over refusal by minister to revoke academy order for school council considered should close – Local Government Lawyer

Posted July 23rd, 2024 in judicial review, local government, ministers' powers and duties, news by tracey

‘The London Borough of Islington has lost a judicial review claim against a decision by the Secretary of State for Education to refuse to revoke an Academy Order for a school the council considered should close.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Family Court judge criticises “manifest delay” in case where new-born child remained in foster care for over two years – Local Government Lawyer

Posted July 23rd, 2024 in children, delay, fostering, guardianship, local government, news by tracey

‘A Family Court Judge has criticised the “manifest and wholly unconscionable” delay in a case where a new-born child remained in foster care for over two years.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Accusations fly amid “hostility” between LSB and Bar regulator – Legal Futures

Posted July 23rd, 2024 in barristers, legal services, Legal Services Board, news, standards by tracey

‘Relations between the Legal Services Board (LSB) and the Bar Standards Board (BSB) are close to breaking point over the speed of reform at the barrister regulator.’

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Legal Futures, 23rd July 2024

Source: www.legalfutures.co.uk

Arbitration Bill re-introduced to Parliament – Law Commission

Posted July 23rd, 2024 in arbitration, bills, Law Commission, news by tracey

‘The Arbitration Bill was introduced into Parliament today. The Bill enacts the recommendations of the Law Commission to reform arbitration law.’

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Law Commission, 18th July 2024

Source: lawcom.gov.uk

What Is a ‘Predicament of Real Need’? – Financial Remedies Journal

Posted July 23rd, 2024 in divorce, financial provision, news, prenuptial agreements by tracey

‘In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it unfair to hold the parties to an ante-nuptial agreement. In relation to the former this was because:
“[t]he parties are unlikely to have intended that their ante-nuptial agreement should result, in the event of the marriage breaking up, in one partner being left in a predicament of real need, while the other enjoys a sufficiency or more, and such a result is likely to render it unfair to hold the parties to their agreement.” But what is the meaning of “predicament of real need”?’

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Financial Remedies Journal, 16th July 2024

Source: financialremediesjournal.com

Insurers hail ruling that credit hire company was the ‘real instigator’ of claim – Law Society’s Gazette

Posted July 23rd, 2024 in accidents, claims management, costs, insurance, news, road traffic by tracey

‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’

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Law Society's Gazette, 22nd July 2024

Source: www.lawgazette.co.uk

‘Justice system complicit in stalking escalation’ – BBC News

Posted July 23rd, 2024 in criminal justice, London, news, police, reports, stalking by tracey

‘The criminal justice system is failing women on stalking, a review by London’s victims’ commissioner has found.’

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BBC News, 23rd July 2024

Source: www.bbc.co.uk

Disabled man was left without care after council failures – BBC News

Posted July 23rd, 2024 in community care, compensation, delay, disabled persons, local government, news by tracey

‘A disabled man suffered “significant distress” after a council’s failings left him without care, according to a report.’

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BBC News, 23rd July 2024

Source: www.bbc.co.uk

Head teacher suing parents over ‘harassment’ – BBC News

Posted July 23rd, 2024 in bullying, families, harassment, news, school children, teachers by tracey

‘A head teacher is suing the parents of two pupils over harassment claims.’

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BBC News, 22nd July 2024

Source: www.bbc.co.uk

Babies died after hospital neglect – inquest jury – BBC News

Posted July 23rd, 2024 in birth, child neglect, hospitals, inquests, news by tracey

‘Two premature babies died within weeks of each other after neglect by a hospital, an inquest jury has found.’

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BBC News, 22nd July 2024

Source: www.bbc.co.uk

Trafficking victims being turned down for compensation in ‘horrendous failing’ – The Independent

‘Trafficking victims are being turned down for compensation in a “horrendous and clear failing”, the anti-slavery commissioner has said, after new figures showed how few people can access support.’

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The Independent, 23rd July 2024

Source: www.independent.co.uk

Violence against women soars by 40% as police chief brands crime rate a ‘national emergency’ – The Independent

Posted July 23rd, 2024 in child abuse, domestic violence, news, police, reports, sexual offences, statistics, women by tracey

‘Crimes involving violence against women and girls have surged by almost 40 per cent in England and Wales in recent years, according to a new report.’

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The Independent, 23rd July 2024

Source: www.independent.co.uk

‘Not acceptable in a democracy’: UN expert condemns lengthy Just Stop Oil sentences – The Guardian

‘The lengthy multi-year sentences handed to Just Stop Oil activists are “not acceptable in a democracy”, a UN special rapporteur has said, as the government faced growing pressure to reverse the previous administration’s “hardline anti-protest” approach.’

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The Guardian, 19th July 2024

Source: www.theguardian.com

BT fined more than £17m over ‘catastrophic’ 999 call failure – The Guardian

Posted July 23rd, 2024 in emergency services, fines, news, telecommunications by tracey

‘BT has been fined more than £17m for missing 14,000 emergency calls after technical faults caused the emergency call handling service to be disrupted for nearly 11 hours last summer.’

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The Guardian, 22nd July 2024

Source: www.theguardian.com