Alternative to cremation announced – Law & Religion UK

Posted July 5th, 2023 in burials and cremation, Church of England, news by sally

‘On 3 July 2023, Resomation Ltd (“Natural Water Cremation”) issued a Press Release which announced:

“In a move that is set to revolutionise the way we say goodbye to loved ones, the UK’s leading funeral provider, Co-op Funeralcare, is set to pioneer the introduction of Resomation in the UK later this year. It will mark a major shift in UK funerals for more than 120 years, as the first alternative to burial or cremation since the introduction of the Cremation Act of 1902.”’

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Law & Religion UK, 4th July 2023

Source: lawandreligionuk.com

Man found guilty of Nottingham arson murder of woman and two children – The Guardian

Posted July 5th, 2023 in arson, murder, news by sally

‘A man has been found guilty of murdering his nextdoor neighbour and her two young children by pouring petrol through their letterbox and setting fire to their flat while they were asleep.’

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The Guardian, 4th July 2023

Source: www.theguardian.com

Do the police owe potential victims a duty to warn? – Law Pod UK

Posted July 5th, 2023 in crime prevention, duty of care, news, podcasts, police, victims by sally

‘Traditionally, courts have declined to impose this liability, believing it would lead to defensive policing. A recent High Court ruling appears to have changed all that. Listen to Rosalind English in discussion with Conor Monaghan of 5 Essex Court on this decision with serious implications for all public authorities.’

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Law Pod UK, 5th July 2023

Source: audioboom.com

Ofcom to investigate GB News and TalkTV over impartiality rules – The Guardian

Posted July 5th, 2023 in complaints, media, news, ombudsmen, parliament, political parties by sally

‘Ofcom has launched investigations into GB News and TalkTV as the media regulator struggles to handle how rightwing television channels are employing serving politicians as presenters.’

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The Guardian, 3rd July 2023

Source: www.theguardian.com

Children’s Commissioner for England calls for “radical rehaul” of SEND system as demand for Education, Health and Care Plans reaches new highs – Local Government Lawyer

‘The Children’s Commissioner, Dame Rachel de Souza, has called for a “radical rehaul of the SEND system” and “swift implementation of the SEND Improvement Plan” after recent data from the Department for Education showed that nearly 1.2 million children in England have special educational needs support without an Education, Health and Care plan (EHCP), up 4.7% in 2022.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Man who befriended UK families jailed after failing to reveal rape conviction – The Guardian

‘A 71-year-old man convicted of raping an orphaned boy in Albania has been jailed in the UK for befriending families and children without telling them of his past.’

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The Guardian, 4th July 2023

Source: www.theguardian.com

Landlord claimed to be “lost at sea” ordered to pay £44k over housing offence – Local Government Lawyer

‘A South Gloucestershire landlord has been ordered to pay more than £44,000 after a court found him guilty of a serious housing offence and for contravening a Local Government Act.’

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Local Government Lawyer, 4th July 2023

Source: www.localgovernmentlawyer.co.uk

Migration Bill: Lords vote to keep child migrant detention limits – BBC News

Posted July 4th, 2023 in bills, children, detention, immigration, news, pregnancy by sally

‘The House of Lords has voted against government plans to weaken detention limits for children and pregnant women in its migration bill.’

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BBC News, 3rd July 2023

Source: www.bbc.co.uk

Man who murdered his wife and two young children in Kettering jailed for life – The Guardian

Posted July 4th, 2023 in domestic violence, murder, news, sentencing by sally

‘A man who strangled his wife and their two young children while drunk, and was then shot by police with a stun gun after holding a knife to his own throat, has been jailed for life with a minimum term of 40 years.’

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The Guardian, 3rd July 2023

Source: www.theguardian.com

BSB chief: Many practices at the Bar have “outlived their usefulness” – Legal Futures

‘There are many working practices at the Bar “which may have outlived their usefulness and no longer work in the interests of consumers”, the director general of the Bar Standards Board (BSB) said yesterday.’

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Legal Futures, 4th July 2023

Source: www.legalfutures.co.uk

Case Preview: McCulloch and Ors v Forth Valley Health Board – UKSC Blog

‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’

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UKSC Blog, 3rd July 2023

Source: ukscblog.com

Barrister’s experiment finds chambers value academics over experience – Legal Futures

Posted July 4th, 2023 in barristers, diversity, education, examinations, news, pupillage, recruitment by sally

‘The results of a practising barrister’s experiment of applying for pupillage in a different area of law indicates that a lack of academic achievement remains a huge barrier even then.’

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Legal Futures, 4th July 2023

Source: www.legalfutures.co.uk

ULEZ expansion: Low emission zone challenge to start at High Court – BBC News

Posted July 4th, 2023 in local government, London, news, pollution, road traffic, tolls by sally

‘A judicial review into Sadiq Khan’s plans to expand London’s Ultra-Low Emission Zone (ULEZ) is due to get under way at the High Court.’

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BBC News, 4th July 2023

Source: www.bbc.co.uk

Justice secretary asks for review of child murderer’s release from prison – The Guardian

‘The justice secretary has asked the Parole Board to reconsider its decision to allow the double child-killer Colin Pitchfork to be released from prison.’

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The Guardian, 3rd July 2023

Source: www.theguardian.com

Appeals against Housing Act 2004 decisions as a “rehearing” – Local Government Lawyer

Posted July 3rd, 2023 in appeals, fraud, housing, landlord & tenant, licensing, local government, news, reasons by sally

‘In a recent case the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a “rehearing”, the FTT must consider whether the authority’s decision was wrong by reference to facts that existed at the time of its decision, and must also give sufficient deference to the authority’s original decision. Simon Kiely and Francesca Gallagher analyse the ruling.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Selective licensing offences and the level of civil penalties – Local Government Lawyer

Posted July 3rd, 2023 in fines, housing, landlord & tenant, licensing, local government, news by sally

‘Simon Kiely and Francesca Gallagher examine useful Upper Tribunal guidance on the approach the First-Tier Tribunal should adopt when considering the level of civil penalties on appeal.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog

‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’

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UKSC Blog, 28th June 2023

Source: ukscblog.com

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by sally

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

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OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

Rhiannon Ogden-Jones: Legal Uncertainty and the Levelling-Up and Regeneration Bill 2023 – UK Constitutional Law Association

Posted July 3rd, 2023 in bills, constitutional law, local government, news, planning by sally

‘The Levelling-Up and Regeneration Bill (“LURB”), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than a blog post, but its legislative aims can be somewhat succinctly expressed. The Bill proposes a scheme of local government and planning reforms, each aimed at promoting regional growth and “levelling-up”. Part I sets out the scope of levelling-up, detailing the obligations of the government in determining a levelling-up agenda. Part II then proposes a series of reforms to local democracy, devolving governance powers further to county councils, and giving them greater control to determine regional projects. The theme of project infrastructure continues, with Parts III-V and VIII-IX of the Bill reforming planning law and establishing different support mechanisms for development, including an infrastructure levy and providing for development corporations. Alongside the planning provisions, Parts VI-VII reform Environmental Impact Assessments and Nutrient Pollution Standards, establishing a new framework for these environmental tests.’

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UK Constitutional Law Association, 28th June 2023

Source: ukconstitutionallaw.org

Josie Welsh: The Power of a (Lord) Chief Justice – UK Constitutional Law Association

Posted July 3rd, 2023 in constitutional law, diversity, judges, judiciary, news, women by sally

‘From 1 October 2023, England and Wales will have its first female Lord Chief Justice (“LCJ”), with the recent news that His Majesty The King was “pleased to approve” Dame Sue Carr’s appointment to the office. Her appointment follows the announcement of the retirement of current Lord Chief Justice The Rt Hon. Lord Burnett at the end of September. In light of the news of change to England and Wales’ highest judicial office, questions will inevitably be asked about the role and its power within the judiciary and in the constitution as a whole. With this in mind, I want to make some initial observations about the role of the LCJ, noting that we may not necessarily understand the nature of LCJ power simply by reading relevant statutory provisions, since the power of the LCJ is partly a function of the role and partly of the character, personality and skills of the individual holding it. What this suggests is that the change in office-holder may prove to be more significant than it appears at first.’

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UK Constitutional Law Association, 3rd July 2023

Source: ukconstitutionallaw.org