Housing allocation and Catch-22 – Law Society’s Gazette

‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.

This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’

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Law Society's Gazette, 25th January 2021

Source: www.lawgazette.co.uk

The Court of Appeal considers Domestic Abuse – Part 2 – Transparency Project

Posted January 26th, 2021 in appeals, domestic violence, family courts, internet, news, remote hearings by sally

‘This post summarises the individual issues in the four appeals. Part 3 will cover the wider issues of principle and some of the themes that emerged in the course of the hearing, and will provide some materials for further reading.’

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Transparency Project, 24th January 2021

Source: www.transparencyproject.org.uk

Court rejects Covid adjournment to press on with in-person trial – Legal Futures

Posted January 26th, 2021 in adjournment, case management, coronavirus, news, remote hearings, witnesses by sally

‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’

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Legal Futures, 26th January 2021

Source: www.litigationfutures.com

Husband who murdered wife and pensioner sentenced to life as judge dismisses ‘insanity’ defence – Daily Telegraph

Posted January 26th, 2021 in defences, domestic violence, drug abuse, insanity, murder, news, sentencing by sally

‘A man who murdered his wife and a pensioner during a “psychotic episode” has been jailed for life.’

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Daily Telegraph, 25th January 2021

Source: www.telegraph.co.uk

Man, 19, who groomed and murdered schoolboy jailed for life – The Guardian

Posted January 26th, 2021 in murder, news, sentencing, sexual grooming, young offenders by sally

‘A 19-year-old man who groomed and then beat a schoolboy to death in some woods in Cheshire has been jailed for at least 28 years, for what the judge described as a carefully planned, premeditated murder.’

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The Guardian, 25th January 2021

Source: www.theguardian.com

The Court of Appeal considers Domestic Abuse – Part 1 – Transparency Project

Posted January 26th, 2021 in appeals, domestic violence, family courts, internet, news, remote hearings by sally

‘This week three judges in the Court of Appeal held a 3 day long appeal hearing all about domestic abuse cases. This series of posts provide a summary of what the hearing was about and how it went. The decision is expected in a few weeks’ time.’

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Transparency Project, 23rd January 2021

Source: www.transparencyproject.org.uk

Data-sharing safeguards: no ‘micro-managing’ – Panopticon

Posted January 26th, 2021 in data protection, EC law, news, police, privacy, young persons by sally

‘Data-sharing arrangements between one controller and another proliferate across all sorts of processing contexts, aimed at all sorts of purposes. If those arrangements are to comply with the GDPR and/or DPA 2018, they need to be structured so as to ensure that the data-sharing satisfies the data protection principles. This includes having “appropriate technical and organisational measures” in place. So far, so clear. But how do you assess whether your measures are “appropriate”? And if push comes to shove, how will a court approach that assessment?’

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Panopticon, 25th January 2021

Source: panopticonblog.com

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer

‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’

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Local Government Lawyer, 25th January 2021

Source: www.localgovernmentlawyer.co.uk

Rape victims speak out ahead of legal challenge to CPS policy – The Guardian

‘Rape victims at the heart of a landmark court case have told the Guardian they have been failed by the Crown Prosecution Service, ahead of a legal challenge to how the crime is charged and prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Priti Patel publishes new strategy to protect children from sexual abuse – Home Office

‘The Home Secretary has today published a first-of-its-kind national strategy to protect children from all forms of child sexual abuse. The Tackling Child Sexual Abuse Strategy sets out how the Government will use new legislation and enhanced technology to stop offenders in their tracks.’

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Home Office, 22nd January 2021

Source: www.gov.uk

Running on Empty: New report finds serious problems with legal help for the public – The Bar Council

Posted January 25th, 2021 in barristers, bereavement, civil justice, families, inquests, legal aid, news by sally

‘A newly published report “Running on Empty” from the Bar Council, which represents all barristers in England and Wales, reveals the severity of problems in the civil legal aid system.’

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The Bar Council, 15th January 2021

Source: www.barcouncil.org.uk

New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by sally

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021

Source: www.barcouncil.org.uk

Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette

‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’

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Law Society's Gazette, 21st January 2021

Source: www.lawgazette.co.uk

Financial Remedy Update, January 2021 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.’

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Family Law Week, 21st January 2021

Source: www.familylawweek.co.uk

People smugglers jailed for total of 78 years over deaths of 39 Vietnamese migrants – The Independent

‘Four people-smugglers have been jailed for a total of 78 years over the deaths of 39 Vietnamese migrants, whose bodies were found in a lorry container in Essex in October 2019.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

‘They decided the jury wouldn’t believe me’: CPS accused of secret change to rape policy – The Guardian

Posted January 25th, 2021 in Crown Prosecution Service, juries, news, prosecutions, rape, sexual offences, victims by sally

‘In a landmark hearing this week, rape victims aim to discover if their complaints failed due to a covert move to drop “weak cases.” ‘

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The Guardian, 24th January 2021

Source: www.theguardian.com

Widow leads fight over smart motorways after landmark crash inquest – The Independent

‘The widow of a motorist who died on a smart motorway is leading the fight to have them banned after a coroner concluded they pose “an ongoing risk of future deaths”.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by sally

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

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The Independent, 25th January 2021

Source: www.independent.co.uk

Met police officer faces new hearing over death of mentally ill black man – The Guardian

‘A senior police officer cleared of misconduct over the high-profile death of a mentally ill black man is to face fresh disciplinary proceedings because of failings in the original case, the Observer can reveal.’

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The Guardian, 24th January 2021

Source: www.theguardian.com

Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent

‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 24th January 2021

Source: www.independent.co.uk