‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’
Doughty Street Chambers, 19th July 2023
Source: insights.doughtystreet.co.uk
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’
Transparency Project, 1st August 2023
Source: transparencyproject.org.uk
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘Six environmental activists who underwent a retrial over charges related to tunnelling near Euston station in London in protest against HS2 have been sentenced.’
The Guardian, 1st August 2023
Source: www.theguardian.com
‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’
Garden Court Chambers, 31st July 2023
Source: www.gardencourtchambers.co.uk
‘Solicitors should get training in “soft skills/empathy” as part of their continuing professional development (CPD), research for the Legal Services Board (LSB) has suggested.’
Legal Futures, 2nd August 2023
Source: www.legalfutures.co.uk
‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’
Local Government Lawyer, 1st August 2023
Source: www.localgovernmentlawyer.co.uk
‘The UK’s product safety regime is to be overhauled to provide better protection for the public and make it “fit for the digital age”, ministers have announced.’
The Guardian, 2nd August 2023
Source: www.theguardian.com
‘A chart-topping singer has been handed a community order for hitting a police officer while drunk.’
BBC News, 1st August 2023
Source: www.bbc.co.uk
‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’
OUT-LAW, 1st August 2023
Source: www.pinsentmasons.com
‘Tens of thousands of children in England and Wales have been left in limbo by delays in the family court that have meant many waiting over a year for their future to be resolved.’
The Guardian, 1st August 2023
Source: www.theguardian.com
‘One of Britain’s biggest gym and leisure chains has been fined more than £2.5m after a three-year-old boy drowned in one of its swimming pools.’
The Guardian, 1st August 2023
Source: www.theguardian.com
‘Rebecca Tuck KC, Eleena Misra KC and Nadia Motraghi KC (with a contribution from Ijeoma Omambala KC) discuss the new Flexible Working Act 2023 and where we are now?’
Old Square Chambers, 19th July 2023
Source: oldsquare.co.uk
‘Public Law Newsletter July 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’
Spire Barristers, 27th July 2023
Source: www.spirebarristers.co.uk
‘Sidra Bilal, Hassaan Aziz Malik (Administrators on behalf of the estate of Mukhtar Malik, deceased) v St George’s University Hospital NHS Foundation Trust, [2023] EWCA Civ 605 provides an interesting insight into the post-Montgomery landscape. It provides further clarification on informed consent as well as reminding practitioners of the importance of tightly crafted pleadings in clinical negligence claims.’
3PB, 12th July 2023
Source: www.3pb.co.uk
‘On Friday 28 July, the Upper Tribunal (Tax and Chancery Chamber) published its decision in Shah v The Pensions Regulator [2023] UKUT 00183 (TCC), in which it upheld the issue by tPR’s Determinations Panel of a contribution notice under s.38 of the Pensions Act 2004.’
Pensions Barrister, 31st July 2023
Source: www.pensionsbarrister.com
‘Harassment is a criminal offence and a civil wrong, which means it can be resolved in the criminal or civil courts/employment tribunal. It is a serious offence that can have a lasting impact on those who experience it. Many of these types of harassment overlap – for example, sexual harassment might come in the form of verbal or physical harassment.’
St Pauls Chambers, 12th July 2023
Source: www.stpaulschambers.com
‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’
The Guardian, 31st July 2023
Source: www.theguardian.com
‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’
Nearly Legal, 31st July 2023
Source: nearlylegal.co.uk
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