Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

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5SAH, 16th February 2021

Source: www.5sah.co.uk

Legal Services Board under fire for “neglecting impact of Covid” – Legal Futures

‘The Bar Council and Law Society have accused the Legal Services Board (LSB) of failing to take into account the impact of the pandemic on the profession in its latest draft strategy.’

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Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

Forensic science rationing is putting justice at risk, says outgoing regulator – The Guardian

‘Police forces are having to ration forensic toxicology work, especially samples from suspected drug drivers, because there is not enough capacity in the system to handle the volume of work, the outgoing forensic science regulator has said.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

DPP reveals concerns over age of criminal responsibility – Law Society’s Gazette

‘The director of public prosecutions has called into question the age of criminal responsibility amid fears too many children are facing adult justice.’

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Law Society's Gazette, 16th February 2021

Source: www.lawgazette.co.uk

Tribunal explains three-month suspension for “sexual touching” barrister – Legal Futures

‘The actions of a barrister suspended for three months for the “intentional sexual touching” of two junior colleagues could amount to sexual assault and unlawful harassment, a tribunal has found.’

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Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

Nuffield Family Justice Observatory to consult on use of supervision orders in care proceedings – Local Government Lawyer

‘The Nuffield Family Justice Observatory (FJO) has launched a consultation seeking views about supervision orders and their use in care proceedings.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

Abuse survivor calls for UK children born of rape to have ‘victim’ legal status – The Guardian

‘One of the survivors of the Rotherham grooming scandal has asked the government to give children born from rape legal “victim” status so they can receive specialist help and potentially prosecute their fathers.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

R (Salvato) v Secretary of State for Work and Pensions – Equality Law Blog

Posted February 17th, 2021 in benefits, children, equality, human rights, news, sex discrimination, women by sally

‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’

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Equality Law Blog, 16th February 2021

Source: equalitylawblog.com

Harvey Tyrrell death: Electrician cleared over boy’s pub garden electrocution – BBC News

‘An electrician has been cleared of killing a seven-year-old boy who was electrocuted by a set of poorly installed lights in a pub garden.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

‘It is helpful to wear the uniform’: barrister’s wig enjoys surprising popularity – The Guardian

Posted February 17th, 2021 in barristers, court dress, criminal justice, Ministry of Justice, news by sally

‘he justice secretary, Robert Buckland, is animated about the conduct of some lawyers, and what he intends to do about it. Invited by the Daily Mail this week to give his views on the immigration system, Buckland said he intended to bring in reforms to stop the public “being taken for a ride” by lawyers bringing challenges to prevent the last-minute deportation of their clients.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

Sacked LGBT veterans can reclaim removed medals – BBC News

Posted February 16th, 2021 in armed forces, dismissal, homosexuality, news by sally

‘Ex-military personnel dismissed from the armed forces because of their sexuality can now reclaim lost medals.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

Time to consider regulating lawtech firms, report says – Legal Futures

‘The time has come for the Ministry of Justice (MoJ) to consider whether lawtech companies, along with other unregulated legal services providers, should be regulated, the Association of Consumer Support Organisations (ACSO) has said.’

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Legal Futures, 16th February 2021

Source: www.legalfutures.co.uk

UK’s first football hate crime officer turns focus on social media – The Guardian

Posted February 16th, 2021 in hate crime, internet, news, police, prosecutions, racism by sally

‘Since starting his role as the UK’s first football hate crime officer earlier this month, PC Stuart Ward has been busier than expected, considering football fans are banned from stadiums as part of the coronavirus lockdown.’

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The Guardian, 15th February 2021

Source: www.theguardian.com

Local Authority and Children’s Guardian fail in appeal against judge’s refusal to support a plan of adoption for children aged 2 and 3: T and R (Refusal of Placement Order) [2021] EWCA Civ 71 – Transparency Project

‘T & R involved an appeal against a decision to refuse to approve a plan of adoption in respect of two children, T (a 3 year old boy) and R (a 2 year old girl) and accordingly, refuse to make placement orders.’

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Transparency Project, 15th February 2021

Source: www.transparencyproject.org.uk

Proposed free speech law will make English universities liable for breaches – The Guardian

Posted February 16th, 2021 in freedom of expression, news, statutory duty, universities by sally

‘The government is to introduce legislation that will enable academics, students or visiting speakers who are no-platformed to sue universities for compensation where they feel they have suffered because of free speech infringements.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

Covid: Equalities watchdog urged to investigate UK’s pandemic response – BBC News

Posted February 16th, 2021 in coronavirus, equality, ministers' powers and duties, news, women by sally

‘Unions, women’s groups and charities have asked the UK’s equalities watchdog to investigate whether the government broke the law in its pandemic response.’

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BBC News, 15th February 2021

Source: www.bbc.co.uk

Supreme Court Shell ruling “big step forward” for access to justice – Litigation Futures

Posted February 16th, 2021 in choice of forum, class actions, news, oil wells, pollution, Supreme Court by sally

‘Campaigners have welcomed Friday’s Supreme Court ruling on claims brought by the victims of oil pollution in the Niger Delta as a major step forward for those seeking access to justice for corporate abuses.’

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Litigation Futures, 15th February 2021

Source: www.litigationfutures.com

Pensioner cleared of murdering wife during first lockdown in Wales – The Guardian

Posted February 16th, 2021 in coronavirus, domestic violence, guilty pleas, mental health, murder, news, Wales by sally

‘A man who killed his wife five days into the first lockdown last year in Wales has been cleared of her murder.’

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The Guardian, 15th February 2021

Source: www.theguardian.com

Supreme Court’s village green ruling leaves uncertainties – Law Society’s Gazette

Posted February 16th, 2021 in commons, land registration, news, Supreme Court by sally

‘A Supreme Court ruling on the status of privately owned land classified as a town or village green (TVG) does not clear up a fundamental general principle, a planning expert has said. The ruling in T W Logistics Ltd v Essex County Council and Ian Tucker, rejected a landowner’s appeal against the registration of a piece of land.’

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Law Society's Gazette, 15th February 2021

Source: www.lawgazette.co.uk

Police officer given misconduct notice over Mohamud Hassan’s death – The Guardian

Posted February 16th, 2021 in complaints, death in custody, disciplinary procedures, news, police by sally

‘A police officer has been served with a misconduct notice as part of an investigation into the sudden death of a 24-year-old shortly after he was released from custody.’

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The Guardian, 15th February 2021

Source: www.theguardian.com