Mere delicacy or fastidiousness? – Nearly Legal

Posted September 20th, 2022 in damages, news, nuisance, planning by sally

‘Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC). An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Residential care, succession and human rights incompatibility – Nearly Legal

‘Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB). A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR.’

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Nearly Legal, 19th September 2022

Source: nearlylegal.co.uk

Online platforms face likely Digital Services Act disclosure deadline of February 2023 OUT-LAW.com

Posted September 20th, 2022 in disclosure, EC law, electronic commerce, internet, news, regulations, time limits by sally

‘Online platform providers are set to face new legal duties to disclose details on user engagement with their services in the EU, with an initial deadline to report such information by the middle of February next year likely to apply, according to analysis undertaken by Out-Law.’

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OUT-LAW.com, 15th September 2022

Source: www.pinsentmasons.com

Property Rights, Crypto Tokens and Digital Assets: 8 Predictions – UK Human Rights Blog

Posted September 20th, 2022 in contracts, cryptocurrencies, Law Commission, news by sally

‘In recent years, digital assets including cryptocurrencies and non-fungible tokens (NFTs) have commanded considerable media attention. Speaking extra-judicially in the foreward to the UKJT Statement on Crypto-assets and Smart Contracts in November 2019, the Master of the Rolls, Sir Geoffrey Vos, has stated that: “In legal terms, cryptoassets and smart contracts undoubtedly represent the future”. To what extent should the law of the future grant property rights in respect of crypto assets? Will the inalienable right to peaceful enjoyment of possessions apply to tokens existing only on the blockchain? Or to NFTs residing only in the “metaverse”?’

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UK Human Rights Blog, 16th September 2022

Source: ukhumanrightsblog.com

High Court gives go-ahead for judicial review of Home Office decision not to implement recommendation on emergency evacuation plans for disabled residents – Local Government Lawyer

Posted September 20th, 2022 in disabled persons, fire, government departments, health & safety, news by sally

‘The High Court has agreed to hear a judicial review over the Home Office’s decision not to implement a recommendation from the Chair of the Grenfell Tower Inquiry for personal emergency evacuation plans for disabled people living in tower blocks.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Judge rules Tribunal erred by putting responsibility for part of EHCP on individual who was not lawful delegate or proxy for local authority – Local Government Lawyer

Posted September 20th, 2022 in local government, news, special educational needs, tribunals by sally

‘The First-Tier Tribunal erred in law by giving responsibility for compiling an “all your need to know about” document concerning a child to a doctor who was not a lawful delegate or proxy for the council, the Upper Tribunal Administrative Appeals Chamber has said.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, September 2022 – Family Law Week

Posted September 20th, 2022 in bankruptcy, divorce, financial provision, news, pensions by sally

‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’

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Family Law Week, 15th September 2022

Source: www.familylawweek.co.uk

News focus: Big Brother watch – time for intercept evidence to be admissible in court? – Law Society’s Gazette

Posted September 20th, 2022 in admissibility, encryption, evidence, investigatory powers, news, telecommunications by sally

‘Intercepts remain inadmissible as evidence, which makes our jurisdiction an outlier. Is it time to allow their use, when this could boost transparency and build public confidence?’

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Law society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Few couples applying for joint divorce, HMCTS figures reveal – Law Society’s Gazette

Posted September 20th, 2022 in divorce, news, statistics by sally

‘Take-up of a landmark provision designed to remove “unnecessary finger-pointing” from the divorce process remains comparatively low, according to government figures.’

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Law Society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Molly Russell’s inquest to put focus on big tech – BBC News

Posted September 20th, 2022 in inquests, internet, mental health, news, suicide, young persons by sally

‘Almost five years after she took her own life, the inquest into the death of teenager Molly Russell is due to begin.’

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BBC News, 20th September 2022

Source: www.bbc.co.uk

Alex Belfield: Former BBC presenter jailed for stalking – BBC News

Posted September 16th, 2022 in BBC, harassment, imprisonment, internet, news, sentencing, stalking, victims by sally

‘A former BBC radio presenter found guilty of stalking four people including broadcaster Jeremy Vine has been jailed for five and a half years.’

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BBC News, 16th September 2022

Source: www.bbc.co.uk

Avoiding the pitfalls of WhatsApp – Local Government Lawyer

‘Matthew Alderton examines past disciplinary cases, regulatory action and recent judicial review challenges that show the various dangers that public bodies could face by allowing staff to communicate via WhatsApp and other social media.social media.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Alexander Latham-Gambi: How Should We Teach the Johnson Government? (Possible) Pedagogical Shortcomings in the Face of (Arguable) Constitutional Vandalism – UK Constitutional Law Association

Posted September 16th, 2022 in constitutional law, government departments, legal education, news, universities by sally

‘It may reasonably be argued that the Johnson Government launched a determined assault upon the UK constitutional settlement. We are failing in our duty as teachers of constitutional law if we do not equip our students with the tools to appraise this argument. Some of the features of the way in which public law is typically taught in UK universities stand in the way of so equipping our students. Or so I shall argue.’

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UK Constitutional Law Association, 14th September 2022

Source: ukconstitutionallaw.org

Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer

‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Failure to remove claims now harder to strike out – Local Government Lawyer

‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Marnie Clayton’s harasser Abid Khan jailed for longer after weapons found – BBC News

Posted September 16th, 2022 in harassment, imprisonment, news, prisons, sentencing by sally

‘A man in prison for a campaign of harassment against a woman will spend more time inside after he was found with weapons and mobile phones.’

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BBC News, 15th September 2022

Source: www.bbc.co.uk

Withernsea: Brothers jailed after man killed in pub brawl – BBC News

Posted September 16th, 2022 in affray, alcohol abuse, grievous bodily harm, homicide, imprisonment, news, sentencing by sally

‘Two brothers have been jailed after a man was killed and another injured in a “violent attack fuelled by alcohol” in an East Yorkshire coastal pub.’

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BBC News, 15th September 2022

Source: www.bbc.co.uk

The four new driving laws coming into force in UK this month – The Independent

Posted September 16th, 2022 in news, road safety, road traffic, road traffic offences, roads, telecommunications by sally

‘Motorists have been urged to be familiar with new driving laws that have been rolled out this month, including stricter rules against the use of mobile phones.’

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The Independent, 16th September 2022

Source: www.independent.co.uk

Barrister who raped woman he met on Tinder jailed for four years – The Independent

Posted September 16th, 2022 in autism, barristers, consent, imprisonment, news, rape, sentencing, sexual offences by sally

‘A barrister who laughed after forcing himself on his Tinder date has been jailed for four years for rape.’

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The Independent, 16th September 2022

Source: www.independent.co.uk

Delays leave man facing four years in Leicester jail without trial – The Guardian

‘A man has been told he will have to spend at least four years and three months in jail without trial as a result of Covid, barrister strikes and a malfunctioning courtroom.’

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The Guardian, 15th September 2022

Source: www.theguardian.com