Category: news

“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog

Posted November 23rd, 2021 in coronavirus, Court of Protection, families, hospitals, human rights, medical treatment, news by sally

‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Sarah Everard: Chairwoman of inquiry into murder announced – BBC News

Posted November 23rd, 2021 in government departments, inquiries, kidnapping, murder, news, police, professional conduct, rape, sexual offences by sally

‘An independent inquiry into the murder of Sarah Everard will receive greater powers if the newly appointed chairwoman is unable to fulfil her remit, the home secretary has said.’

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BBC News, 22nd November 2021

Source: www.bbc.co.uk

Recitation is not application – Nearly Legal

Posted November 22nd, 2021 in appeals, disabled persons, equality, homelessness, housing, learning difficulties, local government, news, social services by sally

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

Posted November 22nd, 2021 in agriculture, class actions, competition, damages, food, foreign jurisdictions, jurisdiction, news by sally

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog

Posted November 22nd, 2021 in appeals, birds, charities, EC law, human rights, hunting, judicial review, licensing, news by sally

‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

The importance of due process, communication and fairness in employee conduct investigations – what you need to know. – Local Government Lawyer

Posted November 22nd, 2021 in appeals, disciplinary procedures, employment, employment tribunals, local government, news, professional conduct, unfair dismissal by sally

‘Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer

Posted November 22nd, 2021 in children, education, families, judicial review, local government, news, school children, statutory duty by sally

‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

Law firm ordered to pay £1,000 for employee’s “racist” comment – Legal Futures

Posted November 22nd, 2021 in compensation, damages, employment, employment tribunals, equality, law firms, news, race discrimination, racism, solicitors by sally

‘A law firm employee has been awarded damages of £1,000 after a colleague targeted him with a discriminatory comment based on his Pakistani heritage.

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Legal Futures, 22nd November 2021

Source: www.legalfutures.co.uk

Supreme Court hears Kurdish flags appeal – Law Society’s Gazette

Posted November 22nd, 2021 in appeals, demonstrations, freedom of expression, human rights, news, proscribed organisations, strict liability, Supreme Court by sally

‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’

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Law Society's Gazette, 22nd November 2021

Source: www.lawgazette.co.uk

Colin Pitchfork: Double child killer arrested and recalled to prison two months after release – The Independent

Posted November 22nd, 2021 in children, murder, news, parole, prisons, probation, rape, sexual offences by sally

‘Colin Pitchfork has been arrested and sent back to prison just two months after being released, the Ministry of Justice (MoJ) announced on Friday. He was let out in September after spending 33 years in jail for murdering two teenage girls in the 1980s.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Grandmother given restraining order for refusing to stop feeding ‘sad’ horse – The Independent

Posted November 22nd, 2021 in animals, harassment, news, restraining orders, sentencing by sally

‘A grandmother has been convicted of harassment for feeding a retired racehorse that she thought was being neglected.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Home Office ‘covering up’ its own study of why refugees come to the UK – The Guardian

Posted November 22nd, 2021 in asylum, bills, charities, government departments, immigration, news, refugees by sally

‘The Home Office is covering up its own research into why refugees and asylum seekers travel to the UK because ministers “know their arguments don’t stand up,” charities claim.’

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The Guardian, 20th November 2021

Source: www.theguardian.com

Zane Gbangbola: Landfill concerns raised before flood death – BBC News

Posted November 22nd, 2021 in accidents, bereavement, causing death of children or vulnerable adults, children, environmental health, families, inquests, local government, news, waste by sally

‘Concerns were raised in 2010 over a former landfill site which later became the focus of a dispute over a seven-year-old’s death, it has emerged.’

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BBC news, 22nd November 2021

Source: www.bbc.co.uk

Nationality and Borders Bill threatens the rights of stateless children – EIN Blog

Posted November 19th, 2021 in asylum, bills, children, citizenship, families, government departments, human rights, immigration, news by sally

‘Priti Patel’s Nationality and Borders Bill has been controversial since its announcement to say the least. It has faced criticisms for its extremely harsh treatment of asylum seekers and refugees and its potential contribution to creating a hostile environment for migrants residing within the UK. However, it has now been argued by MP’s that the Bill risks failing to protect stateless children within the country.’

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EIN Blog, 17th November, 2021

Source: www.ein.org.uk

Public inquiry into death of Dawn Sturgess – Home Office

Posted November 19th, 2021 in government departments, inquiries, news, poisoning, Russia, unlawful killing by sally

‘Home Secretary announces a public inquiry to investigate the death of Dawn Sturgess.’

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Home Office, 18th November 2021

Source: www.gov.uk

Consultant solicitor was not an employee, rules employment tribunal – Law Society’s Gazette

Posted November 19th, 2021 in contract of employment, employment, employment tribunals, law firms, news, remuneration, solicitors by sally

‘A former consultant with a Midlands firm has failed to convince a tribunal that he was an employee for the purposes of making a claim.’

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Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

Inability to find criminal lawyers ‘chickens coming home to roost’ – LCJ – Law Society’s Gazette

Posted November 19th, 2021 in barristers, coronavirus, courts, criminal justice, law firms, legal aid, news, solicitors by sally

‘The inability to find barristers to represent criminal defendants is an example of “chickens coming home to roost”, the lord chief justice has said.’

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Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

Inquiry into foundation linked to Prince of Wales launched – The Guardian

Posted November 19th, 2021 in charities, Charity Commission, corruption, inquiries, news by sally

‘The Charity Commission has launched a statutory inquiry into allegations that donations intended for the Prince of Wales’ Prince’s Foundation went instead to the Mahfouz Foundation.’

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The Guardian, 18th November 2021

Source: www.theguardian.com

Hamas to be declared terror group with supporters in UK facing 10 years in prison – The Independent

Posted November 19th, 2021 in government departments, Israel, Judaism, news, proscribed organisations, racism, religiously aggravated offences, terrorism by sally

‘Priti Patel is to proscribe the political wing of Hamas as a terrorist organisation after denouncing it as “fundamentally and rabidly antisemitic”. Hamas’ military wing has been proscribed in the UK since 2001, but in an announcement on Friday the home secretary will say the entirety of the Palestinian group should now be banned.’

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The Independent, 19th November 2021

Source: www.independent.co.uk

Domestic abuse victim ‘living in fear’ after being wrongly told she could not appear ex-partner’s ‘lenient’ sentence – The Independent

Posted November 19th, 2021 in appeals, bills, criminal justice, domestic violence, imprisonment, news, sentencing, time limits, victims by sally

‘“Myself and my family have suffered life-changing trauma,” a domestic abuse victim tells The Independent. “Following the attack, I am unable to work due to my injuries and live in paralysing fear of what will happen when he is released in eight years.”

Her ex-partner was jailed for life – but with a minimum term of only eight years – in March. The domestic abuse victim has now been told she has missed her chance to appeal his sentence but was never told she had the right to do so under the Unduly Lenient Sentencing scheme. Instead, police inaccurately told her she was unable to appeal his sentence because “a life sentence is the maximum”.’

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The Independent, 19th November 2021

Source: www.independent.co.uk