On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Twitter libel ruling vindicates TV presenter – Law Society’s Gazette

Posted November 1st, 2022 in appeals, damages, defamation, internet, media, news by sally

‘The Court of Appeal’s judgment was handed down in August 2022 in Laura Murray’s appeal against the ruling of Mr Justice Nicklin in Rachel Riley’s (pictured above) libel claim. The appeal was unanimously dismissed by the Court of Appeal, with £10,000 falling due to Riley.’

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Law Society's Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer

‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’

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Local Government Lawyer, 31st October 2022

Source: www.localgovernmentlawyer.co.uk

Chambers “do not know money laundering status of barristers” – Legal Futures

Posted November 1st, 2022 in barristers, money laundering, news, notification, regulations by sally

‘A significant number of chambers do not know whether their barristers have declared that they are subject to the money laundering regulations (MLRs), the Bar Standards Board (BSB) has warned.’

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Legal Futures, 1 November 2022

Source: www.legalfutures.co.uk

Is Rishi Sunak Prepared to Break International Refugee Law? – Each Other

Posted November 1st, 2022 in asylum, human rights, news, refugees, treaties by sally

‘During his summer leadership bid against Liz Truss, prime minister Rishi Sunak said he wanted to give Parliament powers to cap the number of refugees Britain accepts each year. His proposal was part of a ten-point plan on immigration, which also included tightening the definition of who can qualify for asylum and doing “whatever it takes” to pursue the government’s plan to offshore asylum seekers to Rwanda.’

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Each Other, 31st October 2022

Source: eachother.org.uk

Mother wins £60,000 over Morrisons discrimination – BBC News

‘Morrisons has been told to pay a mother £60,000 for discriminating against her when she returned from maternity leave.’

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BBC News, 31st October 2022

Source: www.bbc.co.uk

In Britain, a jail sentence is often a death sentence. What’s going on in our prisons? – The Guardian

Posted November 1st, 2022 in criminal justice, death in custody, minorities, news, prisons by sally

‘Last year, 371 people died behind closed doors. We want justice for them – and an end to a cruel, complacent system.’

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The Guardian, 30th October

Source: www.theguardian.com

Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by tracey

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

UK medical devices law reforms delayed till 2024 – OUT-LAW.com

Posted October 31st, 2022 in brexit, delay, EC law, health, medical treatment, medicines, news by tracey

‘New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.’

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OUT-LAW.com, 28th October 2022

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted October 31st, 2022 in law reports by tracey

Court of Appeal (Civil Division)

East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419 (28 October 2022)

Thurston Parish Council, R (On the Application Of) v Mid Suffolk District Council & Anor [2022] EWCA Civ 1417 (28 October 2022)

Morahan, R (On the Application Of) v His Majesty’s Assistant Coroner for West London [2022] EWCA Civ 1410 (28 October 2022)

TMO Renewables Ltd v Yeo & Ors [2022] EWCA Civ 1409 (28 October 2022)

High Court (Administrative Court)

The Commissioner of Police of the Metropolis, R. (On the Application Of) v Michel & Anor [2022] EWHC 2711 (Admin) (28 October 2022)

High Court (Family Division)

Clarke v Clarke [2022] EWHC 2698 (Fam) (28 October 2022)

High Court (King’s Bench Division)

Hayden v Associated Newspapers Ltd [2022] EWHC 2693 (KB) (28 October 2022)

Source: www.bailii.org.uk

Mothers in law still struggle to juggle despite more supportive employers – Legal Futures

Posted October 31st, 2022 in children, families, law firms, legal profession, news, statistics, women by tracey

‘The vast majority of mothers (84%) working in the law still find it difficult to balance working life with the demands of being a mother, despite some signs of progress.’

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Legal Futures, 31st October 2022

Source: www.legalfutures.co.uk

Vulnerable parties and civil proceedings – Family Law

Posted October 31st, 2022 in civil justice, civil procedure rules, news, witnesses by tracey

‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’

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Family Law, 28th October 2022

Source: www.familylaw.co.uk

Losing litigant in mixed claim avoids immediate costs order – Law Society’s Gazette

Posted October 31st, 2022 in civil procedure rules, costs, damages, news, personal injuries by tracey

‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

‘Public interest’ does not confer standing in JR, High Court rules – Law Society’s Gazette

Posted October 31st, 2022 in judicial review, news, public interest, school children, teachers by tracey

‘The High Court will interfere with a public authority’s decision only if there has been an error of law, a judge has stressed in a ruling explaining the requirements for judicial review.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Child slave’s cannabis farm conviction overturned – BBC News

‘A man’s cannabis growing conviction has been overturned after it was found he was compelled to commit the crime as a modern slavery victim when he was 17.’

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BBC News, 28th October 2022

Source: www.bbc.co.uk

Royal Navy chief orders inquiry into sexual assault claims in submarine service – The Guardian

Posted October 31st, 2022 in armed forces, bullying, harassment, inquiries, news, sexual offences, women by tracey

‘The head of the Royal Navy has ordered an investigation into “abhorrent” allegations of inappropriate behaviour in the submarine service and declared that sexual assault and harassment has no place in the fleet.’

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The Guardian, 29th October 2022

Source: www.theguardian.com

Government drops plan to combat anti-Muslim hatred with official definition of Islamophobia – The Independent

‘The government has dropped work on an official definition of Islamophobia that was promised more than three years ago, amid mounting concern over inaction on the issue.’

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The Independent, 30th October 2022

Source: www.independent.co.uk

Met police chief to reform list of alleged gang members targeting black men – The Guardian

Posted October 31st, 2022 in equality, gangs, London, news, proportionality, race discrimination, statistics by tracey

‘A controversial Metropolitan police list of alleged gang members mainly targeted black men “amplified disproportionality” and must be radically reformed, Britain’s top police officer has said.’

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The Guardian, 31st October 2022

Source: www.theguardian.com

GPS tagging migrants ‘psychological torture’, says report – The Guardian

‘Lawyers and charities have called for controversial electronic tagging of migrants to be scrapped, describing it in a new report as a form of “psychological torture”.’

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The Guardian, 31st October 2022

Source: www.theguardian.com