‘“Radical” reform is needed for police to be able to cope with modern crime and security threats, a report has said.’
The Independent, 29th August 2020
Source: www.independent.co.uk
‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’
12 King's Bench Walk, 24th July 2020
Source: www.12kbw.co.uk
‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’
Becket Chambers, 22nd July 2020
Source: becket-chambers.co.uk
‘It is not just in the worlds of finance and commerce where the effects of the global Corona Virus pandemic are currently being felt. The sporting world is also suffering at the hands of this novel virus. And many clubs are doing anything to make savings. But will that be enough? As has been publicised this weekend, Wigan Athletic Football Club have called in the administrators as a result of their financial woes. Seven years after winning the FA Cup, their fall from those dizzy heights has reached a new low.’
Church Court Chambers, July 2020
Source: churchcourtchambers.co.uk
‘Article 10 of the Human Rights Act 1998 enshrines the right to the freedom of expression and Article 11 establishes the right of freedom of assembly and association. However, these rights are qualified, meaning that, in certain circumstances, these rights can be interfered with. The interference with these rights must be proportionate and necessary in the pursuit of a legitimate aim. For example, protestor rights to freedom of expression and freedom of assembly may be compromised where this is necessary in order to ensure public safety, prevent crime or disorder, protect the rights of others, or national security.’
St Pauls Chambers, 18th July 2020
Source: www.stpaulschambers.com
‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’
5SAH, 27th July 2020
Source: www.5sah.co.uk
‘With the delay to the introduction of the Liberty Protection Safeguards until April 2022, and unless the Mental Health Act 1983 is applicable, there is no administrative mechanism available to authorise the deprivation of liberty for a person with impaired decision-making capacity who is either (1) outside a hospital or care home; or (2) is in a hospital or care home or is aged 16 or 17. This means that, unless a court authorises the position, those people caring for the person have no legal “cover” for their actions, and (where relevant) the public body commissioning care or aware of the person’s circumstances will also be acting unlawfully.’
39 Essex Chambers, July 2020
‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’
Doughty Street Chambers, 25th July 2020
Source: insights.doughtystreet.co.uk
‘David Travers QC of 6 Pump Court discusses hindsight bias, its relevance to health and safety cases and how to avoid its impact.’
Six Pump Court, July 2020
Source: www.6pumpcourt.co.uk
‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’
St Ives Chambers, 24th July 2020
Source: www.stiveschambers.co.uk
‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’
Local Government Lawyer, 27th July 2020
Source: www.localgovernmentlawyer.co.uk
‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’
UK Constitutional Law Association, 23rd July 2020
Source: ukconstitutionallaw.org
‘MI6 officers have been accused of attempting to interfere in a major legal battle over crimes linked to intelligence agencies.’
BBC News, 27th July 2020
Source: www.bbc.co.uk
‘It is of fundamental importance that judicial decisions should be made free from bias or partiality – it has long been recognised that justice must not only be done but must also be seen to be done (R v Sussex Justices, ex parte McCarthy [1924] 1 KB 256). A judge must, therefore, recuse themselves in circumstances of actual or apparent bias.’
Law Society's Gazette, 27th July 2020
Source: www.lawgazette.co.uk
‘A man who attacked his neighbour in a row over a barking dog has been convicted of murdering him.’
BBC News, 27th July 2020
Source: www.bbc.co.uk
‘Origins software produced by Trevor Phillips’s firm allows users to profile suspects, says company.
The Guardian, 27th July 2020
Source: www.theguardian.com
‘The Solicitors Regulation Authority (SRA) is to end the practice of allowing trainee solicitors to obtain higher rights of audience (HRA) but has reversed course on its proposed approach to advocacy in the youth courts.’
Legal Futures, 28th July 2020
Source: www.legalfutures.co.uk
‘The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking views on the exercise of the powers contained within Section 6(5A) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”) that were inserted by Section 26(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”). These powers allow the Government, inter alia, to designate additional courts and Tribunals (over and above those already given the power via Section 6(4) of the 2018 Act) as having the ability to depart from retained EU case law.’
UK Constitutional Law Association, 27th July 2020
Source: ukconstitutionallaw.org
‘A woman whose house was raided by armed officers after her 12-year-old son was seen with a toy gun has said she supports police action targeting firearm crime but believes they acted out of all proportion.’
The Guardian, 27th July 2020
Source: www.theguardian.com
‘A comprehensive strategic review of the various appellate mechanisms for rights exercisable under the Data Protection Act is “arguably long overdue”, an Upper Tribunal judge has said.’
Local Government Lawyer, 27th July 2020
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2020