Category: news

Capacity, insight and professional cultures – an important new decision from the Court of Protection – Mental Capacity Law and Policy

Posted February 13th, 2025 in consent, Court of Protection, disabled persons, mental health, news by sally

‘CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear that the fact that a person appeared not to believe information that they were being told could not be used as a shortcut to reach the conclusion that they lacked capacity to make the relevant decision.’

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Mental Capacity Law and Policy, 13th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

MoJ apologises to woman subjected to racism in prison mother and baby unit – The Guardian

Posted February 13th, 2025 in children, Ministry of Justice, news, prisons, racism, women by sally

‘The Ministry of Justice has apologised to a black woman who suffered racist abuse in a prison’s mother and baby unit where her son was referred to as a “monkey”.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

Sam Kerr found not guilty of racially aggravated harassment of police officer – The Guardian

Posted February 12th, 2025 in harassment, news, police, racism by sally

Sam Kerr has been found not guilty of racially aggravated harassment after calling a police officer “fucking stupid and white” after he doubted her claims of being “held hostage” in a taxi.

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The Guardian, 11th February 2025

Source: www.theguardian.com

Unpaid carer wins overpayment penalty case against DWP – The Guardian

Posted February 12th, 2025 in benefits, carers, government departments, news, penalties, regulations by sally

‘Unpaid carer Andrea Tucker has won a legal victory against the Department for Work and Pensions, overturning its demand she repay £4,600 for alleged breaches in benefit rules.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

JAC explores adding disability to ‘equal merit’ tie-breaker – Legal Futures

Posted February 12th, 2025 in disabled persons, judiciary, news, recruitment by sally

‘The Judicial Appointments Commission (JAC) is actively exploring whether disability could be added to the ‘equal merit’ approach to the selection of judges, its vice-chair said this week.’

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Legal Futures, 12th February 2025

Source: www.legalfutures.co.uk

Key reforms in the Renters’ Rights Bill and their impact on tenants and landlords – Kingsley Napley Real Estate Law Blog

Posted February 12th, 2025 in bills, landlord & tenant, news, rent, repairs, repossession by sally

‘This Bill, which was originally introduced by the previous government as the Renters’ Reform Bill, seeks to level-up the perceived current imbalance between residential landlords and tenants by bestowing on tenants greater rights and security. But critics argue that the proposed reforms go too far in favour of tenants. So, what are the current key reforms affecting private residential tenancies?’

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Kingsley Napley Real Estate Law Blog, 11th February 2025

Source: www.kingsleynapley.co.uk

Provisions to treat unaccompanied asylum seekers as adults if they refuse scientific age assessments to be scrapped – Local Government Lawyer

Posted February 12th, 2025 in asylum, bills, children, government departments, ministers' powers and duties, news, repeals by sally

‘Provisions that would see unaccompanied asylum seekers treated as adults if they refused a scientific age assessment without “reasonable grounds” are set to be scrapped by Government.’

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Local Government Lawyer, 11th February 2025

Source: www.localgovernmentlawyer.co.uk

Fifteen years on – The impact of Radmacher on UK prenups and divorces – Kingsley Napley Family Law Blog

Posted February 12th, 2025 in divorce, news, prenuptial agreements, Supreme Court by sally

‘It is now some fifteen years since the UK Supreme Court gave its landmark decision in the case of Radmacher v Granatino [2010] UKSC 42 on the use and effectiveness of prenuptial agreements. In doing so it moved the emphasis on to holding the parties to their bargain when setting out the principle that “the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement.”‘

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Kingsley Napley Family Law Blog, 5th February 2025

Source: www.kingsleynapley.co.uk

Judge’s sperm donor warning over man who ‘fathered 180 children’ – BBC News

Posted February 12th, 2025 in anonymity, artificial insemination, assisted reproduction, children, families, family courts, news, parental responsibility, parental rights, reporting restrictions, Wales by sally

‘A sperm donor who claims to have fathered more than 180 children has been used by a judge to warn of the dangers of unregulated sperm donation.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

UK to refuse citizenship to refugees who have ‘made a dangerous journey’ – The Guardian

Posted February 12th, 2025 in citizenship, immigration, news, refugees by sally

‘The Home Office has been accused of quietly blocking thousands of refugees from applying for citizenship if they arrived in the UK by small boats or hidden in vehicles.’

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The Guardian, 11th February 2025

Source: www.theguardian.com

Legal Services Board has “duty to act” on profession’s diversity – Legal Futures

Posted February 12th, 2025 in diversity, legal profession, Legal Services Board, news by sally

‘The Legal Services Board (LSB) not only has “the right to act” to improve diversity in the legal profession, but is under “a duty to act”, its new chief executive has said.’

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Legal Futures, 11th February 2025

Source: www.legalfutures.co.uk

Parking rules to change after ‘five-minute fines’ – BBC News

Posted February 12th, 2025 in codes of practice, fines, news, parking, time limits by sally

‘Private parking rules are set to change to ensure motorists are not unfairly penalised if they do not pay within five minutes.’

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BBC News, 12th February 2025

Source: www.bbc.co.uk

Next ad banned over ‘unhealthily thin’ model in digitally altered leggings – The Guardian

Posted February 12th, 2025 in advertising, complaints, internet, news, photography, standards by sally

‘The UK advertising watchdog has banned an advert from high street retailer Next for featuring an “unhealthily thin” model in digitally altered clothing.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

Church risks further crisis if it doesn’t act, says ex-child abuse inquiry chair – BBC News

Posted February 12th, 2025 in child abuse, Church of England, inquiries, news, sexual offences by sally

‘The Church of England risks further crisis if it fails to adopt a sweeping new independent system to keep people safe, the former head of a national inquiry into child sexual abuse has said.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

Deprivation of liberty and profound disability – an urgent need for appellate clarification – Mental Capacity Law and Policy

Posted February 12th, 2025 in children, deprivation of liberty safeguards, disabled persons, family courts, human rights, local government, news by sally

‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’

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Mental Capacity Law and Policy, 10th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Appealing Home Office decisions: understanding your rights and options – EIN Blog

Posted February 11th, 2025 in appeals, asylum, government departments, human rights, immigration, news, visas by sally

‘The UK Home Office grants several million visas each year, and refusal rates (other than for asylum claims) are relatively low. If you do face the heartbreak of a negative decision, what can you do? Plans may have to change and futures rethought. However, in some cases, negative decisions can be appealed, and you can make your case to a Tribunal Judge. Not every decision can be appealed – often you will be given a right of administrative review, which is an internal Home Office process. It is important from the outset that you know what remedies you have if the Home Office does not grant your application.’

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EIN Blog, 11th February 2025

Source: www.ein.org.uk

Mark K Heatley: The Disadvantages of Local Legislation – UK Constitutional Law Association

Posted February 11th, 2025 in constitutional law, legal history, legislation, local government, news, parliament by sally

‘The term Private Acts of Parliament (PA) is widely used to include local Acts, that benefit organizations such as local authorities or authorize major infrastructure projects and are often of limited geographical extent, or personal Acts that benefit individuals. This post considers the reasons for the decline in the enaction of Local Acts of Parliament (LAs), which began in the nineteenth century with the process of enacting local legislation by provisional order. Provisional orders were introduced as a substitute for LAs and were issued by a Minister following a local inquiry, under the authority of an Act of Parliament, but required a later individual and specific confirmatory Act of Parliament. Although their occasional use has persisted, they in turn were largely replaced by Special Procedure Orders following the passing of the Statutory Orders (Special Procedure) Act in 1945.’

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UK Constitutional Law Association, 11th February 2025

Source: ukconstitutionallaw.org

The limits of discretion in case management decisions – Quarterly Medical Law Review

Posted February 11th, 2025 in case management, chambers articles, delay, expert witnesses, medical treatment, negligence, news by sally

‘Prescott-Brann v Chelsea and Westminster Hospital NHS Foundation Trust [2024] EWHC 3314 (KB). The underlying claim was an action in clinical negligence. The Claimant’s case was that a negligent delay in the diagnosis and treatment of his stroke had caused or materially contributed to an ongoing thromboembolic event in his left vertebral artery, thereby worsening a neurological injury. The claim was brought against two defendants: the hospital trust and a diagnostic clinician.’

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Quarterly Medical Law Review, 6th February 2025

Source: 1corqmlr.com

Reforms to the NSIP Regime proposed in Government working paper – Local Government Lawyer

Posted February 11th, 2025 in bills, consultations, local government, news, planning by sally

‘Alastair Lewis, Emyr Thomas, Emily Knowles and James Goldthorpe look over proposed changes to the planning system in the Planning and Infrastructure Bill.’

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Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear key case next week on ‘appropriate assessment’ and subsequent approvals – Local Government Lawyer

Posted February 11th, 2025 in appeals, environmental protection, housing, local government, news, planning, Supreme Court by sally

‘The Supreme Court will next week consider whether Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) require an “appropriate assessment” to be undertaken for subsequent approvals after the grant of outline planning permission at a further consent stage, i.e. at the approval of reserved matters and discharge of conditions stages.’

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Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk