Breastfeeding voyeurs targeted by new proposed offence in England and Wales – The Guardian

‘Voyeurs who record images of breastfeeding women without permission and domestic abusers who escape jail because of time limits on prosecutions are being targeted by proposals put before parliament on Tuesday.’

Full Story

The Guardian, 4th January 2022

Source: www.theguardian.com

What’s on the horizon for UK immigration in 2022? – EIN Blog

Posted January 5th, 2022 in government departments, immigration, news, visas by sally

‘2021 wasn’t a year of great upheaval in the Immigration Rules. Major changes such as the overhaul of the Skilled Worker sponsorship system took effect just at the end of 2020, as did the Frontier Worker Permit scheme for EU nationals remaining in employment (but not residence) in the UK. That is not to say that 2021 was quiet; the Graduate route was introduced in the summer, Global Talent has continued to be tweaked and expanded, and the deadline for EU Settlement Scheme applications has come and gone during the year.’

Full Story

EIN Blog, 4th January 2022

Source: www.ein.org.uk

Barry Bennell: Victim secures settlement from holiday park – BBC News

‘A man groomed by paedophile Barry Bennell while on holiday at Butlin’s has secured a five-figure settlement from the company’s previous owners.’

Full Story

BBC News, 5th January 2022

Source: www.bbc.co.uk

Tougher sentences announced in crackdown on illegal hare coursing – The Independent

‘People who take part in hare coursing, an illegal bloodsport, face tougher sentences under plans set out by the government on Tuesday.’

Full Story

The Independent, 4th January 2022

Source: www.independent.co.uk

Meghan to receive just £1 from Mail on Sunday for privacy invasion – The Guardian

Posted January 5th, 2022 in compensation, copyright, damages, media, news, privacy, royal family by sally

‘The Mail on Sunday will pay the Duchess of Sussex just £1 in damages for invading her privacy by publishing a private letter she had sent to her father.’

Full Story

The Guardian, 5th January 2022

Source: www.theguardian.com

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by sally

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

Full Story

Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline – UK Constitutional Law Association

Posted January 4th, 2022 in bills, constitutional law, human rights, news, parliament by sally

‘The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, although this was to be delayed until after the referendum on EU membership. The Government has now, however, confirmed that the UK will not leave the ECHR.

In December 2020 the Government announced it was setting up an Independent Human Rights Act Review chaired by Sir Peter Gross, the former Lord Justice of Appeal. On 16 December 2021 the Review published its final report. On the same day the Deputy Prime Minister and new Justice Minister, Dominic Raab, announced a packet of proposals to launch a new British Bill of Rights.

The impact of these proposals will be profound. In this article I shall outline what the proposals will involve. I shall next assess the impact of those proposals.’

Full Story

UK Constitutional Law Association , 4th January 2022

Source: ukconstitutionallaw.org

Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog

Posted January 4th, 2022 in coroners, hospitals, human rights, inquests, mental health, news by sally

‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’

Full Story

UK Human Rights Blog, 4th January 2022

Source: ukhumanrightsblog.com

Council fined £300k after dog walker hit by tree on public footpath – Local Government Lawyer

Posted January 4th, 2022 in fines, footpaths, guilty pleas, health & safety, local government, news, trees by sally

‘A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.’

Full Story

Local Government Lawyer, 29th December 2021

Source: www.localgovernmentlawyer.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by sally

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

Full Story

Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’

Full Story

Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

Law Commission to review the trial process for sexual offences – Law Commission

Posted January 4th, 2022 in criminal procedure, evidence, Law Commission, news, rape, sexual offences by sally

‘The Law Commission has today [17 December 2021] launched a project to review how evidence is used in prosecutions of sexual offences, and to counter misconceptions about sexual harm (“rape myths”).’

Full Story

Law Commission, 17th December 2021

Source: www.lawcom.gov.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by sally

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

Full Story

Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

Full Story

The Independent, 1st January 2022

Source: www.independent.co.uk

Driver caught distracted behind wheel nine times in four years – The Independent

‘A driver was caught distracted behind the wheel nine times in the last four years, an investigation has found. The unidentified person was one of 932 British drivers convicted of the offence more than once in the same time period, according to Driver and Vehicle Licensing Agency (DVLA) figures obtained by the PA news agency.’

Full Story

The Independent, 3rd January 2022

Source: www.independent.co.uk

Pardons extended to all abolished same-sex crimes – BBC News

Posted January 4th, 2022 in homosexuality, news, pardons, sexual offences by sally

‘More people will be eligible for a pardon for historical criminal convictions relating to homosexual activity, the government has said.’

Full Story

BBC News, 4th January 2022

Source: www.bbc.co.uk

Christmas Break

Posted December 21st, 2021 in holidays, news by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2022.

Happy Christmas and thanks for reading!

Information Commissioner’s Office challenged over Whitehall JR submissions – Law Society’s Gazette

‘Public law specialists have begun legal proceedings against the Information Commissioner’s Office over publication of Whitehall submissions on judicial review that have influenced controversial reforms.’

Full Story

Law Society's Gazette, 20th December 2021

Source: www.lawgazette.co.uk

Dewsbury couple jailed after police child sex offences sting – BBC News

‘A sex offender caught trying to meet children in an undercover police sting has been jailed for 12 years.’

Full Story

BBC News, 20th December 2021

Source: www.bbc.co.uk

‘Callous’ mugger jailed for 18 years for killing pensioner in 2001 – The Independent

Posted December 21st, 2021 in DNA, forensic science, homicide, imprisonment, news, sentencing, young offenders by sally

‘A “callous” mugger has been jailed for 18 years for killing an elderly woman 20 years ago.’

Full Story

The Independent, 20th December 2021

Source: www.independent.co.uk