City council secures £40k fine over dangerous and unlicensed House in Multiple Occupation – Local Government Lawyer

Posted October 1st, 2019 in fines, health & safety, housing, landlord & tenant, local government, news by sally

‘City of Lincoln Council has secured the imposition of its second largest fine on a rogue landlord, after a defendant was found guilty of letting out a dangerous and unlicensed House in Multiple Occupation (HMO).’

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Local Government Lawyer, 1st October 2019

Source: www.localgovernmentlawyer.co.uk

Can parents agree to a 16 year old being detained? – Transparency Project

‘As a result of a new Supreme Court judgment, local authorities will no longer be able to offer residential care, with parents’ agreement, to 16 and 17 year olds where they are supervised and not free to leave – unless there is a court order. This decision potentially affects many thousands of teenagers who are in supportive placements.’

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Transparency Project, 28th September 2019

Source: www.transparencyproject.org.uk

Scores of Extinction Rebellion protesters face London courts – The Guardian

‘Scores of environmental activists will appear in court this week in one of the UK’s biggest legal crackdowns on climate protests.’

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The Guardian, 30th September 2019

Source: www.theguardian.com

BAILII: Recent decisions

Posted October 1st, 2019 in law reports by sally

High Court (Family Division)

TT, R (On the Application Of) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) (25 September 2019)

High Court (Patents Court)

Price & Ors v Flitcraft Ltd & Ors [2019] EWHC 2476 (Pat) (12 September 2019)

Source: www.bailii.org

Ep 95: A Rogue Prorogation – Law Pod UK

‘Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for Scotland.’

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Law Pod UK, 27th September 2019

Source: audioboom.com

Alan Turing law: Gay, unjustly convicted – and now denied a pardon – BBC News

‘Two years ago the “Turing law” was passed to right a historic injustice by pardoning gay men convicted in the past because of their sexuality. But fewer than 200 living people have had their convictions wiped out so far. What’s going wrong?’

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BBC News, 30th September 2019

Source: www.bbc.co.uk

What is a“Mother”, in law? – UK Human Rights Blog

‘A person who undergoes the physical and biological process of carrying a pregnancy and giving birth, irrespective of gender? This was the ruling of the Rt. Hon. Sir Andrew McFarlane P, President of the Family Division, on 25th September in TT, R(on the application of) v The Registrar General for England and Wales [2019] EWHC 2384 (Fam) . He decided that the Claimant, (known as “TT”), who was legally recognised as male at the time of giving birth to his child, (“YY”), is correctly registered as “mother” on YY’s birth certificate.’

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UK Human Rights Blog, 30th September 2019

Source: ukhumanrightsblog.com

‘I struggled to do my mum justice at her inquest’ – BBC News

‘Every year, mental health trusts spend millions of pounds employing lawyers to represent them at inquests, where they could be found to be at fault. The relatives of those who have died, however, often get no legal aid and have to stand up and face those lawyers alone. Becky Montacute describes her bid to ensure that the lessons from her mother’s death were learned.’

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BBC News, 1st October 2019

Source: www.bbc.co.uk

Banking regulation after Brexit – OUP Blog

Posted October 1st, 2019 in banking, brexit, financial regulation, news by sally

‘It is a truism that Brexit will have a significant impact on banks and the wider financial services industry. The loss of passports by UK firms has received some attention from the non-specialist media, and is relatively well-understood. However, the loss of passports, significant as it is, is just one of many issues. Others have received no or little coverage outside the industry. In this blog, we will touch upon some of them. To do so, we need to step back and consider the very legal nature of a bank.’

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OUP Blog, 30th September 2019

Source: blog.oup.com

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

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Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Judge rejects appeal for anonymity by secretly filmed strip-club dancers – The Guardian

Posted October 1st, 2019 in anonymity, appeals, human rights, news, privacy, video recordings by sally

‘The names of nine strip-club performers who were filmed by private investigators working with campaigners concerned about the exploitation of women should be revealed, a judge has ruled.’

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The Guardian, 30th September 2019

Source: www.theguardian.com

Bad behaviour by male barristers “still abounds” – Legal Futures

‘Inappropriate behaviour by male barristers in robing rooms and at Bar messes “still abounds”, the Association of Women Barristers (AWB) has said.’

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Legal Futures, 1st October 2019

Source: www.legalfutures.co.uk

Black History Month: First black magistrate Eric Irons honoured – BBC News

Posted October 1st, 2019 in diversity, equality, magistrates, news by sally

‘A plaque is to be unveiled to commemorate the life of Britain’s first black magistrate.’

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BBC News, 1st October 2019

Source: www.bbc.co.uk

CPS could and should have extradited paedophile music teacher – The Guardian

‘The Crown Prosecution Service (CPS) could and should have extradited a paedophile music teacher suspected of grooming and sexually abusing a string of girls at a school in Manchester, the independent inquiry into child sexual abuse has heard.’

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The Guardian, 30th September 2019

Source: www.theguardian.com

Cardiff ordered to pay Nantes €6m over Emiliano Sala transfer – The Guardian

Posted September 30th, 2019 in contracts, news, sport by michael

‘Cardiff have been ordered to pay French club Nantes €6m (£5.3m) in relation to the signing of Emiliano Sala in January.’

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The Guardian, 30th September 2019

Source: www.theguardian.com

BAILII: Recent Decisions

Posted September 30th, 2019 in law reports by michael

Supreme Court

D (A Child) [2019] UKSC 42 (26 September 2019)

Court of Appeal (Criminal Division)

Angus-Barton, R. v [2019] EWCA Crim 1593 (24 September 2019)Amin, R. v [2019] EWCA Crim 1583 (20 September 2019)

Amin, R. v [2019] EWCA Crim 1583 (20 September 2019)

Mohammed, R. v [2019] EWCA Crim 1582 (20 September 2019)

High Court (Chancery Division)

Smith & Anor v Crawshay [2019] EWHC 2507 (Ch) (30 September 2019)

Kensington Mortgage Company Ltd v Mallon & Ors [2019] EWHC 2512 (Ch) (27 September 2019)

Irish & Anor, Re [2019] EWHC 2508 (Ch) (27 September 2019)

High Court (Commercial Court)

Ivy Technology v Martin & Ors [2019] EWHC 2510 (Comm) (26 September 2019)

SAS Institute Inc v World Programming Ltd [2019] EWHC 2481 (Comm) (25 September 2019)

SAS Institute Inc v World Programming Ltd [2019] EWHC 2496 (Comm) (25 September 2019)

High Court (Queen’s Bench Division)

Ivy Technology v Martin & Ors [2019] EWHC 2510 (Comm) (26 September 2019)

BVC v EWF [2019] EWHC 2506 (QB) (26 September 2019)

High Court (Technology & Construction Court)

Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2504 (TCC) (24 September 2019)

Source: www.bailii.org

Supreme Court considers parental responsibility and deprivation of liberty – Family Law Week

‘The Supreme Court, by a majority of three to two, has held, in D (A Child) [2019] UKSC 42, a case concerning a young person lacking mental capacity, that there is no scope for the operation of parental responsibility to authorise what would otherwise be a violation of a fundamental human right of a child, that is his liberty.’

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Family Law Week, 26th September 2019

Source: www.familylawweek.co.uk

Seven jailed over London ‘free Tommy Robinson’ protest – BBC News

Posted September 30th, 2019 in demonstrations, guilty pleas, news, sentencing, violent disorder by michael

‘Seven men were jailed at Southwark Crown Court over the violent disorder in June 2018, which caused injuries to about 20 officers.’

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BBC News, 27th September 2019

Source: www.bbc.co.uk

Solicitor suspended after being taken in by scam – Legal Futures

Posted September 30th, 2019 in disciplinary procedures, news, solicitors, Solicitors Regulation Authority by michael

‘A solicitor has been suspended for five years after becoming entangled in a financial scam and unwittingly using her professional status to rope in other victims, as well as losing money herself.’

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Legal Futures, 26th Septeber 2019

Source: www.legalfutures.co.uk

Communities will get legal right to fight ugly buildings in their towns – Daily Telegraph

Posted September 30th, 2019 in environmental protection, housing, news, planning by michael

‘Communities will get the legal right to fight ugly buildings and poorly designed new homes in their towns and villages in new Government guidance to be published on Monday [30 September].’

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Daily Telegraph, 29th September 2019

Source: www.telegraph.co.uk