Scottish court rules UK government veto of gender recognition bill lawful – The Guardian

Posted December 8th, 2023 in bills, devolution, devolution issues, equality, gender, news, Scotland, transgender persons by michael

‘In a ruling that will disappoint LGBTQ+ campaigners and offers a boost to Rishi Sunak at the end of a difficult week, Lady Haldane rejected the Scottish government’s petition to rule the UK government’s section 35 veto – contained in the 1998 Scotland Act, which created the devolved parliament – as unlawful.’

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The Guardian, 8th December 2023

Source: www.theguardian.com

Housing Ombudsman issues report setting out key learning and guidance on service charges – Local Government Lawyer

Posted December 8th, 2023 in housing, landlord & tenant, local government, news, ombudsmen, service charges by michael

‘The Housing Ombudsman has provided updated guidance on the “often contentious” area of service charges in its latest Insight report.’

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Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

High Court finds council in breach of duties to disabled child – Local Government Lawyer

Posted December 8th, 2023 in children, disabled persons, families, local government, news, statutory duty by michael

‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’

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Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Police still victim blaming in grooming gang cases, watchdog finds – The Guardian

Posted December 8th, 2023 in child abuse, children, inquiries, news, ombudsmen, police, sexual grooming, sexual offences, victims by michael

‘The inquiry by HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) comes more than a decade after scandals in Rotherham and Rochdale came to light, revealing failings by the authorities that left gangs of men free to attack vulnerable young girls.’

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The Guardian, 8th December 2023

Source: www.theguardian.com

Prince Harry loses battle to get Mail on Sunday defence thrown out in libel case – BBC News

Posted December 8th, 2023 in defamation, freedom of expression, media, news, police, royal family by michael

‘Prince Harry has lost an attempt to get part of the Mail on Sunday publishers’ defence thrown out in a libel case.’

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BBC News, 8th December 2023

Source: www.bbc.co.uk

UK’s top mobile firms face £3.3bn class action lawsuit over ‘loyalty penalties’ – The Guardian

Posted December 8th, 2023 in class actions, compensation, consumer protection, news, telecommunications by michael

‘The UK’s biggest mobile phone companies face a £3.3bn class action lawsuit alleging that long-standing customers are being ripped off by “loyalty penalties”, under which the same services are offered to new customers at a better price to lure them from rivals.’

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The Guardian, 7th December 2023

Source: www.theguardian.com

Met Police: Ex-officers sentenced over racist WhatsApp posts – BBC News

Posted December 7th, 2023 in internet, news, police, racism, sentencing, suspended sentences, telecommunications by michael

‘Six former Metropolitan Police officers have been given suspended prison sentences for sending racist, sexist and homophobic messages on WhatsApp, after a BBC Newsnight investigation.’

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BBC News, 7th December 2023

Source: www.bbc.co.uk

‘Everything is in jeopardy’: how new UK visa rules are tearing families apart – The Guardian

Posted December 7th, 2023 in families, immigration, news, regulations, remuneration, visas by michael

‘Rebecca, 28, a full-time PhD student in biosciences from Liverpool, and her partner, an Australian national working in higher education, are among thousands of couples facing separation and financial uncertainty because of the government’s decision to overhaul immigration rules. Among those affected will be skilled workers, international students, health and care workers from overseas and their family members.’

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The Guardian, 7th December 2023

Source: www.theguardian.com

Grenfell firefighters to receive council compensation – BBC News

Posted December 7th, 2023 in compensation, fire, fire services, local government, news by michael

‘More than 100 firefighters who tackled the Grenfell Tower blaze will receive compensation from Kensington and Chelsea Council.’

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BBC News, 7th December 2023

Source: www.bbc.co.uk

Ruth Perry: ‘Intimidating’ Ofsted inspection contributed to headteacher’s death, coroner concludes – The Independent

Posted December 7th, 2023 in inquests, news, suicide, teachers by michael

‘A coroner has concluded that a “rude and intimidating” Ofsted inspection contributed to the death headteacher of Ruth Perry.’

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The Independent, 7th December 2023

Source: www.independent.co.uk

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Colin Pitchfork: Double child murderer denied prison release – BBC News

Posted December 7th, 2023 in children, dangerous offenders, murder, news, parole by michael

‘[The Parole Board] had ruled Pitchfork could be released in June, but concerns about the danger he posed caused Justice Secretary Alex Chalk to intervene, making what is known as an “application for reconsideration” in July.’

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BBC News, 7th December 2023

Source: www.bbc.co.uk

Can the new Rwanda bill work and what could stop it? – BBC News

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘Expert lawyers who have been involved in the Rwanda case – or supported the challenge to the policy – have described new legislation as potentially setting up a politically explosive fight with both the Supreme Court and European Court of Human Rights.’

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BBC News, 6th December 2023

Source: www.bbc.co.uk

Sunak’s bill aims to block UK human rights law to save Rwanda scheme – The Guardian

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘An emergency bill published on Wednesday will assert that ministers have the power to ignore judgments that come from Strasbourg while stopping short of leaving or “disapplying” the European convention on human rights.’

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The Guardian, 6th October 2023

Source: www.theguardian.com

Local plan legal challenge shot down by High Court over “hypercritical scrutiny” of planning inspector report – Local Government Lawyer

Posted December 6th, 2023 in covenants, interpretation, local government, news, planning by sally

‘A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’

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Local Government Lawyer, 5th December 2023

Source: www.localgovernmentlawyer.co.uk

No 10 finally to respond to 2017 report on Hillsborough injustices – The Guardian

‘Relatives of the 97 people killed at Hillsborough in 1989 will discover today how the government intends to respond to recommendations for widespread reform made in an official report six years ago into their experiences.’

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The Guardian, 6th December 2023

Source: www.theguardian.com

Tenants left ‘vulnerable’ over £10k unlawful fees – BBC News

Posted December 6th, 2023 in fees, housing, landlord & tenant, news by sally

‘A tenant said she and her family were left feeling “really vulnerable” after being charged unlawful fees totalling more than £10,000.’

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BBC News, 6th December 2023

Source: www.bbc.co.uk

Court of Appeal finds ‘flaws at all levels’ in ECAA case – EIN Blog

Posted December 6th, 2023 in appeals, immigration, judicial review, news by sally

‘The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to the European Community Association Agreement (or “ECAA”) between the UK and Turkey, the first instance decision-maker, the administrative reviewer and even the judge conducting a judicial review had all fallen into error in rejecting Mr Ozmen’s proposal on the basis of a superficial search resulting in wrong factual information about the viability of one potential customer. That flaw had undermined the decision-making at all levels. It was also quite irrational to reject the entire application on the basis of an analysis of evidence about the viability of one customer where the overall scheme of the evidence about four potential customers showed that there was broad demand for Mr Ozmen’s services. Mr Ozmen appealed against the dismissal of his claim for judicial review of the SSHD’s refusal to grant him leave to remain in the UK as a businessperson under the ECAA. He had arrived in the UK having been granted leave to enter as a short-term student in December 2019 and in May 2020, he applied for leave to remain here as a business person. His plan was to work as a mobile barber in and around the town of Glossop (Derbyshire) and he had submitted a detailed proposal with his application. On 15 March 2021, his application was refused and his administrative review application was unsuccessful on 7 February 2022 and he was advised to leave the country.’

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EIN Blog, 5th December 2023

Source: www.ein.org.uk

Section 21 and Gas Safety – post start of tenancy installations – Nearly Legal

Posted December 6th, 2023 in health & safety, housing, landlord & tenant, news, repairs, repossession by sally

‘The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023, in which I acted for the Defendants. This time, the questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for the section 21 notice to be valid.’

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Nearly Legal, 5th December 2023

Source: nearlylegal.co.uk

Most victims of domestic homicide have contacted police or NHS, review shows – The Guardian

‘A review of 302 domestic homicides recorded in a four-year period has found that the majority of those killed had been “hiding in plain sight”, having made contact with the police, health services and other public agencies before their death.’

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The Guardian, 6th December 2023

Source: www.theguardian.com