Shamima Begum: Justice and the jihadi bride – BBC News

Posted November 23rd, 2020 in appeals, children, citizenship, government departments, Islam, news, Supreme Court, terrorism by sally

‘Shamima Begum ran away to Syria as a 15-year-old to join the self-proclaimed Islamic State. But when the terror group was defeated, she ended up in a refugee camp in Syria.’

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BBC News, 22nd November 2020

Source: www.bbc.co.uk

Trans teen in legal action over gender clinic wait – BBC News

‘A 14-year-old transgender boy is starting legal proceedings against NHS England over delays to gender reassignment treatment.’

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BBC News, 23rd November 2020

Source: www.bbc.co.uk

Judge wrong to find ‘subject to contract’ compromise binding – Litigation Futures

Posted November 23rd, 2020 in appeals, contracts, judges, loans, news, solicitors by sally

‘A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been “subject to contract”, the Court of Appeal has decided.’

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Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com

Criminal justice system is ‘on its knees’, says top English lawyer – The Guardian

‘Crown court cases are being delayed until 2023, the innocent penalised more than the guilty, and the under-funded, criminal justice system brought “on its knees”, according to the chair of the Criminal Bar Association in England and Wales.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Catterick man jailed for ambush murder of ex-girlfriend – BBC News

Posted November 23rd, 2020 in imprisonment, kidnapping, murder, news, sentencing by sally

‘A man who kidnapped and murdered his ex-girlfriend in a woodland hideout has been jailed for at least 25 years.’

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BBC News, 21st November 2020

Source: www.bbc.co.uk

Family who fear daughter was killed sue Leeds NHS trust after body decomposes – The Guardian

Posted November 23rd, 2020 in bereavement, coroners, damages, families, hospitals, inquests, negligence, news, unlawful killing by sally

‘The family of a woman who they suspect was killed is suing a health trust that allegedly stored her corpse incorrectly, allowing it to decompose to the point that experts were unable to rule out third-party involvement in her death, the Guardian can reveal.’

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The Guardian, 23rd November 2020

Source: www.theguardian.com

Facebook’s Instagram ‘failed self-harm responsibilities’ – BBC News

‘Children’s charity the NSPCC has said a drop in Facebook’s removal of harmful content was a “significant failure in corporate responsibility”.’

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BBC News, 19th November 2020

Source: www.bbc.co.uk

UK’s ‘no notice’ immigration policy unlawfully interfered with the right to access to justice, holds Court of Appeal – Oxford Human Rights Hub

Posted November 20th, 2020 in appeals, deportation, government departments, immigration, news, notification by sally

‘Until March 2019, the UK operated an immigration policy – set out in Chapter 60 of the General Instructions to Home Office caseworkers – that worked like this: if a migrant did not have leave to enter or remain in the UK (that is, if they were an “irregular migrant”), the Secretary of State for the Home Department could serve a “notice of removal window”. After a short notice period (usually just 72 hours), the “removal window” (usually 3 months) would open. During the removal window, the migrant could forcibly be removed at any time, without further warning.’

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Oxford Human Rights Hub, 16th November 2020

Source: ohrh.law.ox.ac.uk

Killer drug GHB ‘should be reclassified’, says official report – BBC News

Posted November 20th, 2020 in bereavement, drug abuse, families, homosexuality, murder, news, rape, sexual offences by sally

‘A drug that was weaponised by the UK’s most prolific rapist and the serial killer Stephen Port should be reclassified, says an official report.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Only 16% of British courts accessible for wheelchair users – Litigation Futures

Posted November 20th, 2020 in courts, disabled persons, equality, law firms, news, statistics by sally

‘Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users, research by a London personal injury firm has found.’

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Litigation Futures, 19th November 2020

Source: www.litigationfutures.com

Barristers aim to end “shocking” lack of diversity on Western Circuit – Legal Futures

Posted November 20th, 2020 in barristers, Crown Court, diversity, equality, judiciary, news, statistics by sally

‘A group of barristers has launched a bid to end what they describe as a “shocking” lack of diversity on the Western Circuit, where none of the full-time circuit judges are from Black, Asian or minority ethnic (BAME) backgrounds.’

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Legal Futures, 20th November 2020

Source: www.legalfutures.co.uk

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

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Each Other, 19th November 2020

Source: eachother.org.uk

Paul Cleeland case: Government reviews files on 1972 murder – BBC News

‘The Home Office is reviewing its archives to see if any files exist on Paul Cleeland, who has been fighting to clear his name of murder for 47 years.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Grieving daughter wins first stage of legal fight on Covid releases to care homes – The Guardian

‘A grieving daughter who lost her father to Covid-19 in an Oxfordshire care home has won the first stage of a high court challenge against the government’s policy of discharging hospital patients into care homes without tests.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers

Posted November 19th, 2020 in accounts, auditors, damages, duty of care, loss of chance, negligence, news by sally

‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’

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Hardwicke Chambers, 5th November 2020

Source: hardwicke.co.uk

Justifying Austerity – Not Solely a Question of Cost – Littleton Chambers

Posted November 19th, 2020 in age discrimination, budgets, news, probation, remuneration by sally

‘On 11 November 2020, the Court of Appeal dismissed the appeal in Heskett -v- Secretary of State for Justice [2020] EWCA Civ 1487, holding that the “pay freeze” imposed on probation officers as the result of the Government’s austerity measures, which might otherwise have been regarded as indirectly age discriminatory, was capable of being justified as a proportionate means of achieving a legitimate aim.’

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Littleton Chambers, 12th November 2020

Source: littletonchambers.com

Appealing convictions and sentences after the Court of Appeal – KCH Garden Sq

‘A defendant’s right to appeal following a magistrates or crown court conviction is widely recognised across the entire criminal justice system. What is much less well-known is what options are available should a defendant’s appeal be unsuccessful. There will always be cases where a defendant or counsel are sincerely of the view that there has been a miscarriage of justice in a particular matter, whether it be the conviction itself is unsafe, or the sentence passed is manifestly excessive. This view may be taken immediately after a failed appeal, or years down the line where new evidence has come to light, shining a different perspective over the case as a whole. But what can they do about it? The jury returned their verdict, the single judge and full Court of Appeal turned them down, what route do they have to have their case looked at again?’

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KCH Garden Sq, November 2020

Source: kchgardensquare.co.uk

Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB), [2020] All ER (D) 02 (Oct) – Parklane Plowden Chambers

Posted November 19th, 2020 in accidents, evidence, insurance, necessity, news, police, road traffic, wrongful arrest by sally

‘The court held that whereas reasonable grounds for suspecting someone has committed an offence sets a low evidential hurdle, the second requirement for an arrest to be lawful (for the Police to prove that there were reasonable grounds to believe the arrest was “necessary”) sets a comparatively high evidential hurdle and the police could not objectively evidence that the arrest was “necessary” when the GP would have been prepared to voluntarily attend the police station and the reasons given by the Police for the “necessity” of arresting the GP were baseless.’

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Parklane Plowden Chambers, 11th November 2020

Source: www.parklaneplowden.co.uk

The government and the judges – Counsel

Posted November 19th, 2020 in constitutional law, judiciary, news, parliament, Supreme Court by sally

‘Zealots bent on upsetting the constitutional applecart or the only friends we have? And what is the alternative? Thomas Grant QC takes a look at the Independent Review of Administrative Law, its context and the charges against the senior judiciary.’

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Counsel, November 2020

Source: www.counselmagazine.co.uk

What is the meaning of “good will”? The Court of Appeal continue the debate – Hardwicke Chambers

‘In Primus International Holding Company & Ors v Triumph Controls – UK Ltd & Anor [2020] EWCA Civ 1228, the Court of Appeal grappled with the proper interpretation of “goodwill” in a commercial contract, considering the natural meaning of “goodwill” in the commercial context and the definition prevalent in accounting practice. The case provides a useful reminder of the approach taken by the courts when construing contracts, highlighting the need for parties to spell out clearly their intended meaning of a term in their contractual agreement if they wish to depart from its ordinary and natural meaning.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk