Dean Lowe jailed for Kirby Noden’s murder in Cornwall – BBC News

Posted May 16th, 2018 in murder, news, sentencing by sally

‘A man who killed his girlfriend with a rock and a metal pole before flushing her body parts down the toilet has been sentenced to 28 years in prison.’

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BBC News, 15th May 2018

Source: www.bbc.co.uk

Failure to act against ‘dangerous’ midwives resulted in deaths – report – The Guardian

Posted May 16th, 2018 in inquiries, midwives, news, reports, standards by sally

‘Babies and mothers died after a health regulator failed to act against midwives suspected of providing dangerously poor care, despite the police raising concerns about their conduct, a damning report has concluded.’

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The Guardian, 16th May 2018

Source: www.theguardian.com

Police mishandling digital evidence, forensic experts warn – The Guardian

Posted May 16th, 2018 in disclosure, evidence, forensic science, news, police by sally

‘Police officers are trampling over vital forensic evidence, are under-trained, and often do not know what they are looking for, MPs investigating digital disclosure problems have been told.’

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The Guardian, 15th May 2018

Source: www.theguardian.com

Supreme Court to hear case on community benefit fund as material consideration – Local Government Lawyer

Posted May 16th, 2018 in local government, news, planning, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a local planning authority was entitled to take into account as a material consideration the offer of a community benefit fund donation, it has been reported.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 15th, 2018 in legislation by sally

The Enterprise Act 2002 (Turnover Test) (Amendment) Order 2018

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Amendment) (England) Regulations 2018

The Criminal Legal Aid (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 15th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Ashany & Anor v Eco-Bat Technologies Ltd [2018] EWCA Civ 1066 (14 May 2018)

High Court (Queen’s Bench Division)

Irving v Morgan Sindall Plc [2018] EWHC 1147 (QB) (15 May 2018)

Reid v Newsquest (Midlands South) Ltd [2018] EWHC 1105 (QB) (11 May 2018)

Source: www.bailii.org

Councils demand streamlined court process for fly-tipping offences – Local Government Lawyer

Posted May 15th, 2018 in costs, enforcement, local government, news, penalties, waste by sally

‘Councils have called on the Government to “urgently streamline” the courts and prosecution process for fly-tipping offences.’

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Local Government Lawyer, 14th May 2018

Source: www.localgovernmentlawyer.co.uk

UK agency warns Brexit could lead to rise in organised crime – OUT-LAW.com

Posted May 15th, 2018 in brexit, crime, EC law, money laundering, news, reports, treaties by sally

‘The UK body charged with fighting serious and organised crime has warned that the country’s impending withdrawal from the EU could lead to a rise in money laundering, bribery and other corporate offences.’

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OUT-LAW.com, 14th May 2018

Source: www.out-law.com

UK police use of facial recognition technology a failure, says report – The Guardian

Posted May 15th, 2018 in computer programs, facial mapping, news, police, reports by sally

‘Police attempts to use cameras linked to databases to recognise people from their face are failing, with the wrong person picked out nine times out 10, a report claims.’

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The Guardian, 15th May 2018

Source: www.theguardian.com

Army veteran jailed over ‘sinister’ anti-Jewish speech – BBC News

‘A far-right activist has been jailed for stirring up racial hatred after the Crown Prosecution Service (CPS) initially declined to prosecute him.’

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BBC News, 15th May 2018

Source: www.bbc.co.uk

Lords overturn MPs with vote for second Leveson inquiry – The Guardian

Posted May 15th, 2018 in corruption, inquiries, media, news, parliament by sally

‘The House of Lords has once again voted to establish a fresh Leveson-style public inquiry into the conduct of the media, overturning a decision made by MPs last week and setting up another showdown with the government.’

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The Guardian, 14th May 2018

Source: www.theguardian.com

Should civil partnerships only be available to same sex couples? – UK Human Rights Blog

Posted May 15th, 2018 in civil partnerships, equality, human rights, news by sally

‘Rebecca Steinfeld and Charles Keidan contend they were unlawfully refused an opportunity to register a Civil Partnership at Chelsea Town Hall on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. This exclusion started to appear somewhat anomalous when the government opened marriage up to same sex couples by way of the Marriage (Same Sex Couples) Act 2013. The effect of this is that same sex couples in England and Wales (and Scotland – but not Northern Ireland) had a choice of marriage and civil partnership but different sex couples only had the former option.’

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UK Human Rights Blog, 13th May 2018

Source: ukhumanrightsblog.com

Jacob Eisler: Robinson v. Chief Constable of West Yorkshire Police, 2018 UKSC 4 – UK Constitutional Law Association

Posted May 15th, 2018 in appeals, duty of care, news, police, Supreme Court by sally

‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’

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UK Constitutional Law Association, 14th May 2018

Source: ukconstitutionallaw.org

New Acts – legislation.gov.uk

Financial Guidance and Claims Act 2018

Laser Misuse (Vehicles) Act 2018

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 14th, 2018 in legislation by sally

The Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018

The Licensing Act 2003 (Royal Wedding Licensing Hours) Order 2018

The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 14th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Hart v Hart [2018] EWCA Civ 1053 (11 May 2018)

ZN (Afghanistan) & Anor v Secretary of State for the Home Department [2018] EWCA Civ 1059 (11 May 2018)

PW v Chelsea and Westminster Hospital NHS Foundation Trust & Ors [2018] EWCA Civ 1067 (11 May 2018)

Versteegh v Versteegh [2018] EWCA Civ 1050 (10 May 2018)

High Court (Administrative Court)

Kricka v County Court In Varazdin, Croatia [2018] EWHC 1129 (Admin) (11 May 2018)

Virdee & Anor, R (On the Application Of) v The National Crime Agency [2018] EWHC 1119 (Admin) (11 May 2018)

Lovett v Health And Care Professions Council [2018] EWHC 1024 (Admin) (10 May 2018)

KI, R (On the Application Of) v London Borough of Brent [2018] EWHC 1068 (Admin) (10 May 2018)

Wiltshire Waste Alliance Ltd v Secretary of State for Communities And Local Government [2018] EWHC 1110 (Admin) (10 May 2018)

Ahmad, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 1082 (Admin) (09 May 2018)

High Court (Chancery Division)

Dobson v Griffey [2018] EWHC 1117 (Ch) (10 May 2018)

High Court (Commercial Court)

Agile Holdings Corporation v Essar Shipping Ltd [2018] EWHC 1055 (Comm) (11 May 2018)

Deleclass Shipping Co Ltd & Anor v Ingosstrakh Insurance Company Ltd (Costs) [2018] EWHC 1135 (Comm) (11 May 2018)

Stati & Ors v The Republic of Kazakhstan [2018] EWHC 1130 (Comm) (11 May 2018)

Uttam Galva Steels Led v Gunvor Singapore Pte Ltd [2018] EWHC 1098 (Comm) (10 May 2018)

High Court (Queen’s Bench Division)

Ahmad v Wood & Anor [2018] EWHC 996 (QB) (11 May 2018)

Faisal & Anor v Younis (t/a Safa Superstore) & Anor [2018] EWHC 1111 (QB) (10 May 2018)

Source: www.bailii.org

Why consent apps don’t work according to criminal lawyers – The Independent

Posted May 14th, 2018 in consent, internet, news, sexual offences by sally

‘In light of the allegations surrounding Harvey Weinstein, the subsequent #MeToo movement and the recent conviction of Bill Cosby, the murky topic of consent – and how it is established – has never been more at the vanguard of social discourse.’

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The Independent, 14th May 2018

Source: www.independent.co.uk

Win (for now) for app developer against Google – UK Human Rights Blog

Posted May 14th, 2018 in electronic commerce, injunctions, internet, news by sally

‘Unlockd, an app developer, sought an interim injunction to prevent Google withdrawing its services. Roth J found that the balance of convenience was in the applicants’ favour. Their claim raised a serious issue to be tried and any action by Google to withdraw their platform would severely damage the applicants’ business. An interim injunction was granted.’

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UK Human Rights Blog, 11th May 2018

Source: ukhumanrightsblog.com

Investigation of law firm accounts reports “tripled in two years”, impact report shows – Legal Futures

Posted May 14th, 2018 in accounts, law firms, news by sally

‘The number of qualified accountants’ reports due to rule breaches has fallen by two-thirds since the rules were changed in 2015, but the amount then being investigated for possible rule breaches has tripled, it has emerged.’

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Legal Futures, 11th May 2018

Source: www.legalfutures.co.uk

Tesco fined £1.6m after prosecution by London borough over store incident – Local Government Lawyer

Posted May 14th, 2018 in fines, health & safety, news by sally

‘A prosecution undertaken by Ealing Council has seen supermarket chain Tesco fined £1.6m fine for health and safety failures at one of its Tesco Metro stores.’

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Local Government Lawyer, 11th May 2018

Source: www.localgovernmentlawyer.co.uk