Misconduct in public office – ECtHR reviews foreseeability of common law offence – UK Human Rights Blog

‘On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh prison, who in 2015 was convicted of misconduct in public office for passing a variety of information to a tabloid journalist in exchange for money. The ECtHR found that, in Mr Norman’s case, the offence itself did not constitute a breach of Article 7 ECHR (no punishment without law): Mr Norman’s conduct was sufficiently serious for it to have been foreseeable that it would constitute a criminal offence. The ECtHR also found that the newspaper’s disclosure of Mr Norman’s activities to the police, and his subsequent prosecution and conviction, did not breach his rights under Article 10 ECtHR (freedom of expression).’

Full Story

UK Human Rights Blog, 6th September 2021

Source: ukhumanrightsblog.com

Research Briefing: Disabled adaptations in leasehold flats and common parts – House of Commons Library

Posted September 6th, 2021 in disabled persons, equality, government departments, housing, leases, news, parliament by tracey

‘This paper covers how leaseholders in flats can gain consent to home adaptations. It covers the issue of adaptations in the common parts of residential buildings.’

Full Story

House of Commons Library, 5th September 2021

Source: commonslibrary.parliament.uk

Short Marriages … “A marriage is a marriage”? – Family Law

Posted September 6th, 2021 in appeals, children, divorce, families, financial dispute resolution, marriage, news by tracey

‘The recent case of E v L has once again brought to the fore short marriages and their treatment within financial remedy cases.’

Full Story

Family Law, 3rd September 2021

Source: www.familylaw.co.uk

NHS child gender identity clinic whistleblower wins tribunal – BBC News

‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’

Full Story

BBC News, 5th September 2021

Source: www.bbc.co.uk

British mother sexually abused her children and urinated in their drinks, court hears – The Independent

‘A British mum who sexually abused her children and even urinated in their drinks was caught by the FBI, a court heard.’

Full Story

The Independent, 6th September 2021

Source: www.independent.co.uk

Frozen eggs and sperm storage limit increased to 55 years – BBC News

‘Storage limits for eggs, sperm and embryos will go up to 55 years under government plans that ministers say will give people greater choice over when to start a family.’

Full Story

BBC News, 6th September 2021

Source: www.bbc.co.uk

Revocation of adoption orders – Local Government Lawyer

‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’

Full Story

Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Court clarifies law on pharma patent claims – OUT-LAW.com

Posted September 3rd, 2021 in appeals, disclosure, intellectual property, medicines, news, patents by tracey

‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’

Full Story

OUT-LAW.com, 2nd September 2021

Source: www.pinsentmasons.com

Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog

Posted September 3rd, 2021 in construction industry, contracts, interpretation, news, warranties by tracey

‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’

Full Story

Practical Law: Construction Blog, 2nd September 2021

Source: constructionblog.practicallaw.com

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

Full Story

Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Bar to review aptitude test with just 0.7% fail rate – Law Society’s Gazette

Posted September 3rd, 2021 in barristers, consultations, legal education, news, statistics by tracey

‘The bar is considering whether to scrap a student aptitude test that weeds out fewer than 1% of candidates, after concluding that it is “not operating as an effective filter”.’

Full Story

Law Society's Gazette, 3rd September 2021

Source: www.lawgazette.co.uk

Staying away from work because of Covid: a trap for employers? – Local Government Lawyer

‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’

Full Story

Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

Looked after children and secure accommodation after 9 September – Local Government lawyer

Posted September 3rd, 2021 in care homes, children, local government, news, statutory duty by tracey

‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’

Full Story

Local Government Lawyer, 3rd September 2021

Source: www.localgovernmentlawyer.co.uk

A de-facto problem – Family Law

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

Full Story

Family Law, 31st August 2021

Source: www.familylaw.co.uk

‘How does a jointly held property pass on death?’ – Family Law

Posted September 3rd, 2021 in housing, inheritance tax, news, succession, wills by tracey

‘When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common.’

Full Story

Family Law, 31st August 2021

Source: www.familylaw.co.uk

‘I’m still traumatised’: UK music industry blighted by sexual harassment and abuse, report finds – The Independent

‘A damning new report has highlighted the ongoing prevalence of sexual harassment and abuse in the music industry, as the UK begins to see the return of live music.’

Full Story

The Independent, 3rd September 2021

Source: www.independent.co.uk

Man guilty over abusive emails sent to Starmer and Thornberry – BBC News

Posted September 3rd, 2021 in electronic mail, harassment, housing, local government, news, political parties by tracey

‘A man who sent dozens of abusive and threatening emails to Sir Keir Starmer and Emily Thornberry has been found guilty of harassment.’

Full Story

BBC News, 2nd September 2021

Source: www.bbc.co.uk

‘Please save us’: UK ministers facing legal challenge over failure to help female MP and judge trapped in Kabul – The Independent

Posted September 3rd, 2021 in Afghanistan, asylum, government departments, immigration, judges, news, visas, women by tracey

‘The UK government is facing legal action over its failure to respond to requests for help from a progressive female Afghan MP and a leading woman judge who are both in hiding in Afghanistan and fearing for their lives.’

Full Story

The Independent, 3rd September 2021

Source: www.independent.co.uk

Call for sentence review after neo-Nazi told to read classic literature – The Guardian

Posted September 3rd, 2021 in attorney general, news, sentencing, suspended sentences, terrorism by tracey

‘The attorney general’s office has been asked to review whether an unduly lenient sentence was handed to a neo-Nazi who was ordered to read classic literature such as Pride and Prejudice. Ben John, who was convicted of a terror offence after downloading almost 70,000 white supremacist documents and bomb-making instructions, received a suspended prison term on Tuesday.’

Full Story

The Guardian, 2nd September 2021

Source: www.theguardian.com

Possession of laughing gas could become a criminal offence, Priti Patel says – The Independent

‘Priti Patel has announced that the Home Office is seeking advice on whether to criminalise the possession of laughing gas.’

Full Story

The Independent, 3rd September 2021

Source: www.independent.co.uk