PM statement on the Southport public inquiry: 21 January 2025 – Prime Minister’s Office, 10 Downing Street

‘Prime Minister Keir Starmer delivered a statement on the Southport public inquiry today.’

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Prime Minister's Office, 10 Downing Street, 21st January 2025

Source: www.gov.uk

How the personal injury discount rate change affects you and your clients – St John’s Chambers

Posted January 22nd, 2025 in chambers articles, compensation, damages, news, personal injuries by sally

‘Following the 2024 Personal Injury Discount Rate (DR) review, the current DR of -0.25% will change to +0.5%, effective from 11 January 2025.’

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St John's Chambers, 12th December 2024

Source: www.stjohnschambers.co.uk

Commerce over care: exploring legal advice given in potential economic abuse cases – Legal Ethics

Posted January 22nd, 2025 in debts, families, legal advice, news, solicitors, surety, women by sally

‘This paper argues that solicitors are required to lawyer relationally when delivering independent legal advice (ILA) to (predominantly) women set to provide suretyship for their intimate partner’s debts. Case law tells us that women providing suretyship may be entering the transaction under the coercion of their partner. Coerced debt is a form of economic abuse, which in turn is a form of domestic abuse. ILA in this context therefore provides an important intervention to potentially assist victims of abuse before entering (potentially more) debt at the hands of their abuser. To make ILA purposeful, solicitors must prioritise relational values/dynamics such as consultation, care, judgement, and empowerment; the anti-thesis of market-exchange lawyering which is characterised by the values such as objectivity and detachment. Market-exchange lawyering is also associated with ethical apathy as lawyers prioritise their client’s means-ends above all else, therefore failing to consider the broader implications of those ends (in terms of their client’s best interests and/or the public interest). Drawing on interview data with 22 solicitors, it is demonstrated that most interviewees provide tick-box ILA prioritising completion. That is, most interviewees prioritised values of commerce over values of care when acting for women who may be experiencing economic abuse.’

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Legal Ethics, 15th January 2025

Source: www.tandfonline.com

Business Rates – Billing Authority duty to help VOA keep Local List accurate – 33 Bedford Row

Posted January 21st, 2025 in chambers articles, news, rates, statutory duty, valuation by sally

‘The law in relation to national non-domestic rates (Business Rates) contains a high level dichotomy. This dichotomy is between:
(1) compiling and maintaining the rating lists (central and local) – typically know as the “non-domestic rating lists” or simply the “lists”; and
(2) collection and enforcement of the tax due.
Each of these may be subdivided further, in respect to the entity that is tasked with undertaking these.’

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33 Bedford Row, 14th January 2025

Source: www.33bedfordrow.co.uk

Samrai v Kalia [2024]: lessons for experts and the difficulties in establishing fundamental dishonesty – 12 KBW

‘Alex Carington examines the lessons for experts and the difficulties in establishing fundamental dishonesty in a recent decision on sexual abuse, Samrai v Kalia [2024] EWHC 3143 (KB).’

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12 KBW, 20th January 2025

Source: 12kbw.co.uk

A context-dependent right to notice – EIN Blog

Posted January 21st, 2025 in licensing, news, sponsored immigrants, visas by sally

‘Mr Tammina came to the UK in 2008. From 2014, he was employed by Ratna Marble and Granites, who sponsored his work visa. In October 2017, the Home Office suspended the employer’s visa sponsorship licence. In late December 2017, the Home Office permanently revoked their licence. Mr Tammina was therefore no longer eligible to work in the UK on the basis of the Ratna sponsorship.’

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EIN Blog, 21st January 2025

Source: www.ein.org.uk

Alyssa Nathanson-Tanner: The Irresistible Temptations of Patronage: Prime Ministerial Appointment of Crossbenchers – UK Constitutional Law Association

‘Among the many questions raised by the resignation of the Archbishop of Canterbury in November 2024, the peerage which has customarily been awarded by the Prime Minister hangs in the balance. The Prime Minister enjoys an unlimited discretion to appoint new peers, and since the Life Peerages Act 1958 has granted a life peerage on retirement from certain public offices, the Archbishop of Canterbury among them. Every Prime Minister in the 21st century has exercised their significant power of patronage in relation to these office holders, who join the Crossbenches of the House of Lords.’

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UK Constitutional Law Association, 21st January 2025

Source: ukconstitutionallaw.org

Securing special educational provision – Local Government Lawyer

‘The High Court has provided important guidance on the “absolute duty” to secure special educational provision, writes Ollie Persey.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

Defending decisions taken in line with adopted licensing policies – Local Government Lawyer

Posted January 21st, 2025 in licensing, local government, news, taxis by sally

‘Last month a High Court judge handed down an important judgment on the approach to departures from licensing policy. Josef Cannon KC looks at the lessons from the ruling.’

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Local Government Lawyer, 17th January 2025

Source: www.localgovernmentlawyer.co.uk

MPs revive inquiry into county court delays – Legal Futures

Posted January 21st, 2025 in county courts, delay, inquiries, news, select committees by sally

‘The justice select committee has launched a new inquiry into the county court, “amid persistent concerns over capacity and resources”, after the previous one was cut short by the election.’

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Legal Futures, 21st January 2025

Source: www.legalfutures.co.uk

Aldi cider’s resemblance to Thatchers’ ‘cannot be coincidental’, CoA rules – Law Society’s Gazette

Posted January 21st, 2025 in food, news, trade marks by sally

‘Cider maker Thatchers has succeeded in its appeal against budget supermarket Aldi for trade mark infringement over its cloudy lemon cider.’

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Law Society's Gazette, 20th January 2025

Source: www.lawgazette.co.uk

Sentence review bid made for Sara Sharif’s father – BBC News

Posted January 21st, 2025 in appeals, child abuse, domestic violence, murder, news, sentencing by sally

‘The Solicitor General has decided to appeal against the sentence passed on Sara Sharif’s father as “unduly lenient.”‘

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BBC News, 20th January 2025

Source: www.bbc.co.uk

Keir Starmer orders public inquiry into Southport attack – The Guardian

Posted January 21st, 2025 in children, guilty pleas, inquiries, murder, news, terrorism, young offenders by sally

‘Keir Starmer has ordered a public inquiry into the failings that allowed an “extremely violent” teenager to murder three young girls in one of the worst attacks on children in recent UK history.’

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The Guardian, 20th January 2025

Source: www.theguardian.com

Sacked rogue officers could be reinstated and owed backpay if Met Police loses legal challenge, chief warns – The Independent

‘Rogue officers who were sacked over allegations of domestic and sexual abuse could be reinstated and owed thousands in backpay if the Metropolitan Police loses a High Court challenge over vetting rules, a senior officer has warned.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

Why employers must review their employment contracts after 31.12.2024: Legality of clawback clause – EIN Blog

Posted January 20th, 2025 in employment, government departments, immigration, news by sally

‘As of 31 December 2024, the Home Office introduced significant updates to its guidance for sponsors of Skilled Workers and Temporary Workers. These changes explicitly prohibit employers from passing specific sponsorship costs onto workers, reinforcing compliance requirements for sponsors. This article explores the key updates, legal implications, and best practices for employers to protect their business and sponsor licence.’

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EIN Blog, 20th January 2025

Source: www.ein.org.uk

Service of documents – post and deemed service – Nearly Legal

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

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Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

New UK Procurement Act procedures offer greater flexibility – OUT-LAW.com

Posted January 20th, 2025 in local government, news, public procurement by sally

‘The Procurement Act 2023 provides greater flexibility, replacing existing procurement procedures with a new competitive flexible procedure (CFP).’

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OUT-LAW.com, 17th January 2025

Source: www.pinsentmasons.com

Cassandra Somers-Joce and Joe Tomlinson: When Are Public Bodies Legally Required to Proactively Collect Data? – UK Constitutional Law Association

‘In a recent Administrative Court decision, the Secretary of State for the Home Department was found to be in breach of the Public Sector Equality Duty (the “PSED”), contained in s.149 of the Equality Act 2010, due to failing to collect and monitor statistical equality data relating to the provision of asylum accommodation to vulnerable individuals. The judgment in R (DXK) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (“DXK”) builds upon a developing line of cases which have found that the duty to have ‘due regard’ under the PSED may require a decision maker to proactively obtain information, rather than simply to consider existing information. It also provides an interesting exploration of the relationship between the circumstances in which the PSED will require the collection of information by a public body decision maker, and the common law duty of inquiry.’

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UK Constitutional Law Association, 20th January 2025

Source: ukconstitutionallaw.org

Post Office scandal “shows that privilege needs urgent reform” – Legal Futures

‘The Post Office inquiry shows that legal professional privilege (LPP) presents “significant problems of principle and practice” and needs urgent reform, leading academics have argued.’

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Legal Futures, 20th January 2025

Source: www.legalfutures.co.uk

Next steps to tackle child sexual exploitation – Home Office

‘Home Secretary Yvette Cooper gave an update on the actions the government will take to protect young people from sexual abuse and grooming gangs.’

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Home Office, 16th January 2025

Source: www.gov.uk