Man who ‘confessed’ to raping woman in Facebook message was not prosecuted – The Independent

‘A man who “confessed” on Facebook Messenger to raping a woman in her sleep will not be prosecuted because authorities think there is “no realistic prospect of conviction”, The Independent can reveal.’

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The Independent, 19th May 2019

Source: www.independent.co.uk

New Judgment: R (DA & Ors) v Secretary of State for Work and Pensions; R (DS & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21 – UKSC Blog

Posted May 15th, 2019 in appeals, benefits, children, equality, families, news, proportionality, Supreme Court by sally

‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Solicitors Can Recover VAT On Medical Reporting Organisation Fee: British Airways PLC v Prosser – Zenith PI Blog

‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’

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Zenith PI Blog, 9th May 2019

Source: zenithpi.wordpress.com

Extinction Rebellion founder cleared over King’s College protest – The Guardian

‘The founder of Extinction Rebellion has been cleared by a jury of all charges relating to a protest against fossil fuels in what campaigners say is a historic moment for the climate justice movement.’

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The Guardian, 9th May 2019

Source: www.theguardian.com

Police officer who rammed suspected moped thief off his bike with car acted “reasonably”, tribunal rules – Daily Telegraph

‘A police officer who rammed a suspected moped thief off his bike can keep his job because his actions were “reasonable”, a tribunal has ruled, as rank and file officers have attacked how he was treated.’

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Daily Telegraph, 8th May 2019

Source: www.telegraph.co.uk

Court of Appeal agrees to hear case on housing allocation policy and religion – Local Government Lawyer

‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’

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Local Government Lawyer, 29th April 2019

Source: www.localgovernmentlawyer.co.uk

Shamima Begum family challenge Javid’s citizenship decision – The Guardian

‘The family of Shamima Begum has formally started court challenges against the home secretary, saying Sajid Javid’s decision to strip the teenager of her citizenship is unfair because hundreds of Britons who went to Islamic State territory have been allowed back.’

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The Guardian, 20th March 2019

Source: www.theguardian.com

Court of Protection should not summarily dismiss cases where liberty is at stake, says senior judge – Local Government Lawyer

‘Court of Protection judges should not summarily dismiss cases where someone’s liberty is at stake, Mr Justice Hayden, Vice President of the court, has said.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

Home Office pays £1m to civil servants in discrimination case – The Guardian

‘Nearly 50 civil servants who accused the Home Office of discrimination because of their age or ethnicity have secured more than £1m in compensation following a tribunal.’

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The Guardian, 6th March 2019

Source: www.theguardian.com

Police force ‘discriminated against white heterosexual male’ – BBC News

‘A police force which rejected a “well prepared” potential recruit because he is a white, heterosexual male has been found guilty of discrimination.’

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BBC News, 22nd February 2019

Source: www.bbc.co.uk

As The State Continues Its Censorship, We Need To Remember That Drill Artists Have Free Speech Too – Rights Info

‘South London Drill artists AM and Skengdo were handed suspended jail sentences for performing their song ‘Attempted’ at a concert in Camden in December 2018.’

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Rights Info, 19th February 2019

Source: rightsinfo.org

Minor offences may stay secret after legal challenge fails – The Guardian

‘Some people with minor, past convictions may not have to disclose them in future after the government lost a legal challenge aimed at preserving its system of criminal record checks.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Legal Aid Agency faces High Court showdown over protection orders – Law Society’s Gazette

Posted January 17th, 2019 in homelessness, legal aid, local government, news, proportionality, public order by tracey

‘The Legal Aid Agency will have to gear up for another High Court showdown after a civil liberties group was granted permission to challenge the lack of public funding to help homeless people targeted by protection orders aimed at tackling anti-social behaviour.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

Metropolitan Police strip-searching children in cases ‘not properly justified’, inspection findsMetropolitan Police strip-searching children in cases ‘not properly justified’, inspection finds – The Independent

‘Children are being strip-searched by London’s Metropolitan Police in cases that may not be “properly justified”, a watchdog has found.’

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The Independent, 16th January 2019

Source: www.independent.co.uk

Costs ‘disproportionately high’ in Russian oligarch battle – Law Society’s Gazette

Posted December 18th, 2018 in costs, freezing injunctions, jurisdiction, law firms, news, proportionality by sally

‘City firm Macfarlanes ‘hampered’ the court by failing to provide a clear breakdown of costs, a judge has ruled in the latest development of a billion-pound battle for control of a global fishing company.’

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Law Society's Gazette, 17th December 2018

Source: www.lawgazette.co.uk

Deal with proportionality at start of assessment, says costs judge – Litigation Futures

Posted November 26th, 2018 in costs, news, proportionality by tracey

‘Proportionality should be addressed at the beginning of an assessment, and not the end, because it should inform the reasonableness of the costs, a costs judge has suggested.’

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Litigation Futures, 26th November 2018

Source: www.litigationfutures.com

Top costs QC: Unacceptable that proportionality test is still not clear – Litigation Futures

Posted October 9th, 2018 in barristers, costs, news, proportionality by tracey

‘It is “unacceptable” that there is still no guidance on the proportionality test more than five years after it came into force, a leading costs silk has argued.’

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Litigation Futures, 9th October 2018

Source: www.litigationfutures.com

The Intricacies of Proportionality – Katherine Barnes – UK Human Rights Blog

Posted August 13th, 2018 in criminal records, human rights, news, proportionality, Supreme Court by sally

‘The Supreme Court has given important guidance on the correct approach of the appellate courts to assessing proportionality under the ECHR. The main issue before the court was whether an Enhanced Criminal Record Certificate (“ECRC”) issued in respect of the appellant, AR, under s.113B of the Police Act 1997 is compatible with Article 8 of the Convention on Human Rights.’

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UK Human Rights Blog, 12th August 2018

Source: ukhumanrightsblog.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

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UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Disability Discrimination and Proportionality in Possession Proceedings – Zenith PI Blog

Posted July 30th, 2018 in disability discrimination, news, proportionality, repossession by sally

‘Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712.’

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Zenith PI Blog, 27th July 2018

Source: zenithpi.wordpress.com