Child sexual abuse compensation scheme to be set up in England – The Guardian

Posted May 23rd, 2023 in child abuse, compensation, inquiries, news, reports, sexual offences, victims by sally

‘The government is to launch a compensation scheme for survivors of child sexual abuse in England, the home secretary has said.’

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The Guardian, 22nd May 2023

Source: www.theguardian.com

Why The Magistrates Courts Aren’t Working – Each Other

Posted May 23rd, 2023 in courts, criminal justice, diversity, magistrates, news by sally

‘In 2022, the Criminal Bar Association voted to undertake industrial action, bringing the dire state of much of the criminal justice system into the public eye. Following successive cuts by the government, among the issues were unusable court buildings, including broken toilets, leaking ceilings and malfunctioning heating systems, and the dismal remuneration received by barristers – barristers who are tasked with working on the most serious cases across the Crown Courts.’

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Each Other, 19th May 2023

Source: eachother.org.uk

Court of Appeal finds Ombudsman decision to withdraw report was unlawful, but dismisses appeal by developer – Local Government Lawyer

Posted May 22nd, 2023 in appeals, fees, local government, news, ombudsmen, planning by tracey

‘The Court of Appeal has dismissed a developer’s appeal concerning whether the Local Government and Social Care Ombudsman had the power to withdraw a final report into Tewkesbury Borough Council’s refusal to waive a planning fee, re-open its investigation and then issue a second final report in favour of the council.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

Is “ethnocentric nationalism” protected by s.10 of the Equality Act?: Cave – Law & Religion UK

‘In Mr A Cave v The Open University [2023] UKET 3313198/2020, the OU received internal and external complaints in June 2020 about what was claimed to be racist material that Mr Cave had posted on Twitter and on a YouTube channel he had set up entitled “Renew Britannia” [6].’

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Law & Religion UK, 22nd May 2023

Source: lawandreligionuk.com

UK parliament to debate university statutory duty of care towards students – OUT-LAW.com

‘As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.’

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OUT-LAW.com, 19th May 2023

Source: www.pinsentmasons.com

New ACAS mental health guidance: reasonable adjustments – Local Government Lawyer

Posted May 22nd, 2023 in codes of practice, disabled persons, employment, mental health, news by tracey

‘ACAS, in conjunction with Affinity Health at Work, has launched new guidance on reasonable adjustments for mental health at work. It contains guidance for both employers and workers. David Leach and Hannah Peto examine what it says.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns judgment on use of appeal planning officers – Local Government Lawyer

Posted May 22nd, 2023 in appeals, local government, London, news, planning by tracey

‘The Court of Appeal has allowed an appeal over a High Court ruling that found the Planning Inspectorate’s model of employing appeal planning officers in aiding determination of certain planning appeals was unlawful.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Google representative action on behalf of 1.6m people struck out – Legal Futures

‘The High Court has struck out a representative action brought on behalf of 1.6m people who claimed Google and DeepMind Technologies misused their medical records.’

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Legal Futures, 22nd May 2023

Source: www.legalfutures.co.uk

Court upholds Covid will witnessed through car window – Legal Futures

Posted May 22nd, 2023 in coronavirus, news, wills, witnesses by tracey

‘The High Court has praised the “ingenious arrangement” of witnessing a will through a car window in the early days of the pandemic.’

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Legal Futures, 22nd May 2023

Source: www.legalfutures.co.uk

Man jailed for role in running website involved in multi-million-pound fraud – Crown Prosecution Service

Posted May 22nd, 2023 in Crown Prosecution Service, fraud, imprisonment, internet, news, sentencing by tracey

‘A man responsible for running a website used by fraudsters across the world has been imprisoned for being involved in a multi-million-pound fraud.’

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Crown Prosecution Service, 19th May 2023

Source: www.cps.gov.uk

CPS ‘cherrypicking’ cases to prosecute, say senior police chiefs – The Guardian

‘Two of Britain’s most senior police chiefs have accused prosecutors of “cherrypicking” cases to prosecute in court and warned that victims were being let down.’

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The Guardian, 18th May 2023

Source: www.theguardian.com

CPS Says: Conviction rates play no part in deciding whether or not to charge a case – Crown Prosecution Service

‘Conviction rates play no part in CPS decision making – so we know a story this week “CPS failing victims by cherry-picking cases” may have caused concern.’

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Crown Prosecution Service, 19th May 2023

Source: www.cps.gov.uk

Couple get payout after water buffaloes fall into Essex swimming pool – The Guardian

Posted May 22nd, 2023 in animals, compensation, damages, insurance, news by tracey

‘An Essex couple have spent 10 months seeking compensation after 18 escaped water buffaloes stampeded through their garden, with eight of them taking a morning dip in their new swimming pool.’

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The Guardian, 20th May 2023

Source: www.theguardian.com

Kaylea Titford: Parents’ jail terms increased for neglect death – BBC News

‘Two parents who left their 16-year-old daughter to die in squalor have had their sentences for neglect increased.’

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BBC News, 20th May 2023

Source: www.bbc.co.uk

Work-related suicide probe call after death of head teacher Ruth Perry – BBC News

‘Every work-related suicide should be investigated by the Health and Safety Executive, experts have said, in the wake of the death of a head teacher following an Ofsted inspection.’

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BBC News, 22nd May 2023

Source: www.bbc.co.uk

Received wisdom – Local Government Lawyer

Posted May 19th, 2023 in interpretation, leases, local government, London, news by tracey

‘Matt Hutchings KC, Ranjit Bhose KC and Shomik Datta report on a dispute between two public bodies about the interpretation of a commercial lease, implied terms and estoppel by convention worth over £200m.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Squaring the circle – Local Government Lawyer

Posted May 19th, 2023 in care homes, children, detention, local government, news, social services by tracey

‘What steps can a local authority take to ensure a lawful deprivation of liberty in an unregistered children’s home in England for children under 16? Hannah Taylor and Ruth Atkinson-Wilks explain.’

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Local Government Lawyer, 19th May 2023

Source: www.localgovernmentlawyer.co.uk

Renters (Reform) Bill – overview Part 2 – Nearly Legal

Posted May 19th, 2023 in animals, bills, housing, landlord & tenant, leases, news, rent by tracey

‘Following on from yesterday (17 May) publication of the Renters (Reform) Bill and Part 1 of my overview of what the Bill does, onwards to the rest of it. Pets! There has been a lot of fuss about this, but as Tessa Shepperson has sagely observed, it doesn’t really make much of a change to existing law. The Bill adds an implied term that the tenant has a right to request to keep a pet and that the landlord cannot unreasonably refuse such a request. Where the landlord’s own lease forbids pets, or requires the superior landlord’s consent, the landlord is to request this. It is not unreasonable for a landlord to refuse permission if their superior landlord had refused consent, or if the landlord’s own lease forbids pets.’

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Nearly Legal , 18th May 2023

Source: nearlylegal.co.uk

Cryptoassets should be regulated as gambling, say MPs – OUT-LAW.com

Posted May 19th, 2023 in cryptocurrencies, gambling, news, regulations, select committees by tracey

‘Bitcoin, Ether and other “unbacked” cryptoassets should be subject to gambling, not financial services, regulation, a prominent committee of UK MPs has said.’

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OUT-LAW.com, 18th May 2023

Source: www.pinsentmasons.com