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

Court of Appeal blow for councils over business rates and empty properties – Local Government Lawyer

Posted March 14th, 2019 in leases, local government, news, rates by sally

‘Councils may be left unable to claim some £10m in business rates after Rossendale Borough Council lost a test case in the Court of Appeal over empty properties.’

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Local Government Lawyer, 14th March 2019

Source: www.localgovernmentlawyer.co.uk

AML oversight body finds legal regulators coming up short – Legal Futures

Posted March 14th, 2019 in financial regulation, money laundering, news by sally

‘Nearly half of legal regulators do not have undertake enough supervision of anti-money laundering (AML) efforts, according to the organisation set up to scrutinise them.’

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Legal Futures, 14th March 2019

Source: www.legalfutures.co.uk

New guidance for prosecutors on mental health conditions and disorders – Crown Prosecution Service

‘Guidance for prosecutors on dealing with defendants with mental health issues has been updated to reflect growing understanding of different conditions, the Crown Prosecution Service (CPS) has announced today. The revised guidance is designed to assist decision making throughout the life of a criminal case, from the initial decision to prosecute, through fitness to plead to sentencing. It has been developed to understand changes in the mental health landscape such as diversion services, and community concerns about the impact on the criminal justice system. A consultation has now been launched so that the views of the public, charities, and health and legal professionals can be considered further before the guidance is finalised.’

Full press release

Crown Prosecution Service, 12th March 2019

Source: www.cps.gov.uk

Firm fined record £124,000 for sending millions of misleading letters – Law Society’s Gazette

‘The Solicitors Regulation Authority has issued its biggest ever fine, against a business which sent six million marketing letters containing misleading statements.’

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Law Society's Gazette, 14th March 2019

Source: www.lawgazette.co.uk

Couple unable to sell home after discovering public footpath running though living room – The Independent

Posted March 14th, 2019 in footpaths, local government, news, rights of way, sale of land by sally

‘Couple unable to sell home after discovering public footpath running though living room.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

Lord Steel says he believed Cyril Smith abuse claims but did not act – The Guardian

Posted March 14th, 2019 in child abuse, inquiries, news, parliament, sexual offences by sally

‘Lord Steel, the Liberal Democrat peer, has admitted believing in 1979 that child abuse allegations against Sir Cyril Smith were true, but did nothing to assess whether he was a continuing risk to children.’

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The Guardian, 13th March 2019

Source: www.theguardian.com

Diplomats can no longer hide behind immunity, legal experts claim, after “abusive” attaché withdraws defence – Daily Telegraph

Posted March 14th, 2019 in diplomats, employment tribunals, human rights, immunity, news by sally

‘Diplomats will no longer be able to conceal their “vile conduct” with immunity, legal experts claim, after a Qatari attaché who allegedly called his driver a “black slave” scrapped his defence. ‘

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Daily Telegraph, 13th March 2019

Source: www.telegraph.co.uk

Tina Malone: Shameless star avoids jail after revealing James Bulger killer Jon Venables’ new identity – The Independent

‘Shameless star Tina Malone has avoided going to jail after she admitted to breaching an injunction that protected the identity of James Bulger killer Jon Venables by sharing a post on social media.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

Ava-May Littleboy: No police action over girl’s death on inflatable – BBC News

Posted March 14th, 2019 in health & safety, homicide, negligence, news, prosecutions by sally

‘Two people arrested after a three-year-old girl died after being thrown from an inflatable trampoline will face no further action, police have confirmed.’

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BBC News, 13th March 2019

Source: www.bbc.co.uk

Glenn Jones: Former police inspector jailed for arranging to meet child for sex – The Independent

‘A former police officer who arranged to meet a child for sex has been jailed.’

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The Independent, 13th March 2019

Source: www.independent.co.uk

Excessive punishment for sarcastic applause? Zaha v The FA – Blackstone Chambers

Posted March 14th, 2019 in appeals, disciplinary procedures, fines, news, penalties, sport by sally

‘Crystal Palace FC’s Wilfried Zaha is one of the fastest players in the Premier League. He is also one of the most fouled. After a number of serious challenges in a match at Southampton at the end of January, Zaha was booked for his reaction to a player who had just pushed him over the touchline. He sarcastically applauded the referee in response to the yellow card, which was then followed immediately with a second yellow and therefore a red. As he left the field, Zaha sarcastically applauded the referee again, on more than one occasion, and did so “theatrically” according to the Football Association (FA). This led to him being charged with misconduct outside the jurisdiction of the match referee.’

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Blackstone Chambers, 28th February 2019

Source: www.sportslawbulletin.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 13th, 2019 in legislation by sally

The Motor Vehicles (Wearing of Seat Belts) (Amendment) (EU Exit) Regulations 2019

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2019

The Civil Legal Aid (Amendment) (EU Exit) Regulations 2019

The Local Audit (England and Wales) (Amendment) (EU Exit) Regulations 2019

The Teachers’ Pensions Schemes (Amendment) (EU Exit) Regulations 2019

The Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019

The Higher Education (Registration Fees) (England) Regulations 2019

The Transparency of Securities Financing Transactions and of Reuse (Amendment) (EU Exit) Regulations 2019

The Equivalence Determinations for Financial Services and Miscellaneous Provisions (Amendment etc) (EU Exit) Regulations 2019

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2019

The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2019

The Employment Rights (Amendment) (EU Exit) Regulations 2019

The Food (Amendment) (EU Exit) Regulations 2019

The Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 13th, 2019 in law reports by sally

Supreme Court

Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11 (13 March 2019)

Revenue and Customs v Joint Administrators of Lehman Brothers International (Europe) [2019] UKSC 12 (13 March 2019)

Court of Appeal (Civil Division)

Hasan, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 389 (12 March 2019)

High Court (Administrative Court)

Langton, R (On the Application Of) v The Secretary of State for Environment, Food And Rural Affairs & Anor [2019] EWHC 597 (Admin) (13 March 2019)

High Court (Commercial Court)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2019] EWHC 591 (Comm) (13 March 2019)

High Court (Family Division)

M v F (Appeal : Fact Finding) [2019] EWHC 572 (Fam) (12 March 2019)

Source: www.bailii.org

R (Youngsam) v The Parole Board – Blackstone Chambers

Posted March 13th, 2019 in appeals, delay, human rights, news, parole, precedent, prisons by sally

‘The case concerned a prisoner serving a determinate sentence who had been released on licence but then recalled to prison. He complained that there had been a delay in convening a Parole Board hearing concerning his detention, and that this breached his rights under article 5(4) of the European Convention on Human Rights (ECHR).’

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Blackstone Chambers, 27th February 2019

Source: www.blackstonechambers.com

A Brief Guide to Carrying out Capacity Assessments -39 Essex Chambers

‘This purpose of this document is to provide for social workers and those working in front-line clinical settings a brief overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

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39 Essex Chambers, March 2019

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Max Clifford: court of appeal hears attempt to challenge conviction – The Guardian

Posted March 13th, 2019 in appeals, consent, news, sexual offences by sally

‘Max Clifford denied “until his death” that he had sexually assaulted young women, a court has heard.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Slag Ltd – the businesses that are too rude for Companies House – The Guardian

Posted March 13th, 2019 in company directors, freedom of expression, names, news by sally

‘The UK registrar banned 87 companies for their risque names last year – but did any expletive-laden monikers make it through?’

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The Guardian, 11th March 2019

Source: www.theguardian.com

Diversion of a Business Opportunity: Recovery Partners & anor v Mr Rukhadze & ors [2018] EWHC 2918 (Comm) – Blackstone Chambers

‘The High Court recently had reason to consider liability where individuals, who owe fiduciary duties to a company, divert for themselves a business opportunity.’

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Blackstone Chambers, 25th February 2019

Source: www.employeecompetition.com

The President’s guidance on anonymisation in published judgments – Transparency Project

‘On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division, issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena(see January [2019] Fam Law 68). In it, he refers to a report written by Julia Brophy and published by the Association of Lawyers for Children (ALC) in July 2016 (J Brophy, Anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena: judicial guidance, available on the ALC and Nuffield Foundation websites).’

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Transparency Project, 12th March 2019

Source: www.transparencyproject.org.uk