Rwanda flight migrants include torture victims, say doctors – BBC News

‘A detailed clinical review of the backgrounds of asylum seekers likely to be sent to Rwanda has found many may have been tortured.’

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BBC News, 1st September 2022

Source: www.bbc.co.uk

Parents’ legal bid to ban sex education in schools fails

Posted September 2nd, 2022 in children, education, injunctions, judicial review, news, school children, Wales by tracey

‘A last-minute legal bid to block the teaching of relationships and sexuality education (RSE) in schools has failed. Five parents wanted to withdraw their children from the mandatory lessons from the start of the new term or stop the rollout of RSE altogether in Wales. At the High Court, judge Mrs Justice Tipples said an injunction would cause “very substantial disruption” just days before the start of a new term. A judicial review already granted to the group is scheduled for November.’

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BBC New, 1st September 2022

Source: www.bbc.co.uk

First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

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23 Essex Street, 25th August 2022

Source: www.23es.com

Craig Barlow & Olivia Beach succeed in judicial review of Secretary of State for the Home Department’s unreasonable delay relocating the Claimant, breaching her Section 4(2) duty – 33 Bedford Row

‘Craig Barlow and Olivia Beach, a second six pupil in Chambers, have succeeded in a judicial review challenging the Secretary of State for the Home Department’s (“SSHD”) unreasonable delay in relocating the Claimant who suffers from severe medical issues.’

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33 Bedford Row, 17th August 2022

Source: www.33bedfordrow.co.uk

What impact might the Bill of Rights have on freedom of expression cases? Part II – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In this second post, Godwin Busuttil explains how the proposed Bill of Rights would change how courts were required to interpret the scope of Convention rights in the freedom of expression context. The Bill if enacted would mean that UK courts no longer needed to take account of decisions of the European Court of Human Rights. UK courts would also be expected generally not to interpret Convention rights in a way that was more expansive than interpretations placed upon those rights by the European Court of Human Rights. However, they would be allowed to do so when this was to protect freedom of expression.’

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Constitutional Law Matters, 24th August 2022

Source: constitutionallawmatters.org

What impact might the Bill of Rights have on freedom of expression cases? Part I – Constitutional Law Matters

Posted September 1st, 2022 in bills, freedom of expression, human rights, media, news, public interest by sally

‘In the first of two posts, Godwin Busuttil, a barrister at 5RB specialising in media and communications law, sets out how the Bill of Rights Bill may change the law relating to freedom of expression. Convention rights can be used to protect freedom of speech by protecting journalists from having to reveal their sources. This helps to promote freedom of expression as it means journalists can print stories without concerns that legal action may be taken against their source – e.g. if they have leaked a story that is in the public interest – which in turn would risk such sources ‘drying up’.’

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Constitutional Law Matters, 23rd August 2022

Source: constitutionallawmatters.org

How can parents minimise the impact of separation on children with SEND? – 3PB

Posted September 1st, 2022 in chambers articles, children, divorce, news, special educational needs by sally

‘Anthony Collins Solicitors’ associate solicitor Kadie Bennett and 3PB’s specialist family and education law barrister Aimee Fox look at Children Act proceedings and the considerations that parents of a child with SEND may find helpful.’

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3PB, September 2022

Source: www.3pb.co.uk

Planning Court rejects judicial review challenge over permission for redevelopment of former brewery site in Brick Lane – Local Government Lawyer

Posted September 1st, 2022 in judicial review, listed buildings, local government, news, planning by sally

‘A Planning Court judge has dismissed a judicial review challenge against the London Borough of Tower Hamlets’ grant of planning permission for redevelopment of part of the site of a former brewery.’

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Local Government Lawyer, 31st August 2022

Source: www.localgovernmentlawyer.co.uk

Should Shamima Begum be allowed to return to the UK to argue her case? – The Guardian

‘It is not new – although it is eyecatching – to report that Shamima Begum, then 15, was helped to travel to Syria and join Islamic State by a Canadian agent. Mohammed al-Rashed was picked up by the Turkish authorities in March 2015, and said at the time he was an informant for Canadian intelligence, and had helped Begum travel from Istanbul airport to the Syrian border a few days earlier.’

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The Guardian, 31st August 2022

Source: www.theguardian.com

Ryan Giggs trial: Jury discharged after failing to reach verdicts – BBC News

‘The jury in the trial of former Manchester United player Ryan Giggs has been discharged after failing to reach verdicts on any of the charges.’

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BBC News, 31st August 2022

Source: www.bbc.co.uk

Construction of sports facility paused following judicial review challenge to council approval – Local Government Lawyer

Posted August 31st, 2022 in judicial review, local government, news, planning, sport by sally

‘The High Court has given the go-ahead for a judicial review challenge over West Berkshire Council’s decision to grant planning permission for the development of a new sports hub in Newbury.’

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Stephen Port: murder victims’ families say Met ‘insensitive’ to make settlements public – The Guardian

‘The Metropolitan police have been accused of “insensitivity” over their announcement that they have settled compensation claims with relatives of some of the victims murdered by the serial killer Stephen Port.’

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The Guardian, 30th August 2022

Source: www.theguardian.com

Half of all court cases over breach of anti-social behaviour injunction end with defendant imprisoned, new data shows – Local Government Lawyer

“Almost half of all cases concerning civil injunction breaches brought to court by social housing providers and councils since the first lockdown have resulted in a prison sentence, according to a report from the Bureau of Investigative Journalism.”

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Persil advert banned for misleading green claims – BBC News

Posted August 31st, 2022 in advertising, complaints, environmental protection, news, ombudsmen by sally

‘Unilever’s advert for one of its laundry detergents, Persil, has been banned for being misleading about its environmental benefits.’

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BBC News, 31st August 2022

Source: www.bbc.co.uk

Immigrants And Asylum Seekers Locked In Cells For Up To 24 hrs Without Legal Representation – Each Other

Posted August 31st, 2022 in asylum, detention, immigration, legal representation, news, prisons by sally

‘People held in Immigration Removal Centres (IRC) have long been entitled to 30 minutes of free immigration legal advice but this does not extend to people held under the immigration act in prisons.’

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Each Other, 30th August 2022

Source: eachother.org.uk

Conservationists seek judicial review of UK sewage discharge plan – The Guardian

‘The UK government’s plan to cut millions of hours of raw sewage discharges by water companies each year is facing a judicial review on the grounds that it is unlawful.’

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The Guardian, 31st August 2022

Source: www.theguardian.com

Dad tells of teen daughter’s long wait for rape trial – BBC News

‘The father of a 15-year-old girl, who has been waiting two years for her rape trial, has told the BBC about the devastating impact of court delays.’

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BBC News, 31st August 2022

Source: www.bbc.co.uk

Sgt Gavin Hillier shot dead by soldier with ‘poor eyesight’ – BBC News

Posted August 30th, 2022 in accidents, armed forces, firearms, news, reports by tracey

‘An army sergeant was shot and killed when he was mistaken for a target by a soldier with “poor eyesight”, an inquiry has found.’

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BBC News, 29th August 2022

Source: www.bbc.co.uk

Labour urges immediate rights extension for associate prosecutors – Legal Futures

‘The Labour Party has called for the role of associate prosecutors (APs) to be expanded so as to help reduce the massive backlog in criminal cases awaiting hearings.’

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Legal Futures, 30th August 2022

Source: www.legalfutures.co.uk

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

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Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk