Ex-offenders face bleak future after reforms fail, report says – The Guardian

Posted April 17th, 2018 in charities, contracting out, news, probation, reports, volunteers by sally

‘Ex-offenders trying to turn their lives around face a bleak future, a probation inspector has warned, as ambitious government plans to boost the role of charities and volunteers in the probation service have failed to materialise.’

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The Guardian, 17th April 2018

Source: www.theguardian.com

Legal challenge to devolved Brexit bills – BBC News

Posted April 17th, 2018 in bills, constitutional reform, devolution issues, news, Supreme Court, treaties by sally

‘The UK government has launched a legal challenge to the Scottish and Welsh governments’ Brexit bills. The two devolved parliaments passed legislation last month that is intended to act as an alternative to Westminster’s EU Withdrawal Bill. But the UK government has asked the Supreme Court to rule whether the legislation is constitutional and within devolved powers.’

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BBC News, 17th April 2018

Source: www.bbc.co.uk

Companies House lambasted for trumpeting conviction of fraud whistleblower Kevin Brewer – The Independent

Posted April 17th, 2018 in costs, fines, fraud, money laundering, news, whistleblowers by sally

‘Companies House has been lambasted for trumpeting the prosecution of a whistleblower who used Vince Cable’s name to expose a gaping loophole exploited by fraudsters.’

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The Independent, 16th April 2018

Source: www.independent.co.uk

Alfie Evans case: Court rules against parents again – BBC News

Posted April 17th, 2018 in appeals, children, detention, medical treatment, news, parental rights by sally

‘The parents of terminally ill toddler Alfie Evans have lost their latest legal battle. Tom Evans and Kate James asked Court of Appeal judges to rule that the 23-month-old should be allowed to receive treatment in Italy.’

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BBC News, 16th April 2018

Source: www.bbc.co.uk

Criminal defence solicitors facing extinction – Law Society’s Gazette

Posted April 17th, 2018 in criminal justice, legal profession, news, solicitors by sally

‘Criminal defence solicitors are on the way to becoming extinct, according to a graphic depiction published by the Law Society today. A heatmap of duty solicitor coverage shows that in several parts of England and Wales a majority of criminal law specialists are over 50 – and that few young solicitors are choosing the specialism.’

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Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk

Ant McPartlin fined £86,000 for drink-driving – The Guardian

‘The TV presenter Ant McPartlin has been fined £86,000 and disqualified from driving for 20 months after admitting drink-driving.’

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The Guardian, 16th April 2018

Source: www.theguardian.com

Controlling girlfriend ‘first woman convicted’ of new domestic abuse offence – Daily Telegraph

‘A university graduate is believed to be the first woman convicted under new domestic abuse laws after scalding her boyfriend with boiling water, stabbing him and keeping food from him.’

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Daily Telegraph, 16th April 2018

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 16th, 2018 in legislation by sally

The Education (Student Support) (Amendment) (No. 3) Regulations 2018

The Civil Procedure (Amendment No. 2) Rules 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 16th, 2018 in law reports by sally

Court of Appeal (Criminal Division)

Health And Safety Executive, R (On the Application Of) v ATE Truck & Trailer Sales Ltd (Rev 1) [2018] EWCA Crim 752 (13 April 2018)

High Court (Administrative Court)

Sanneh, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 800 (Admin) (13 April 2018)

Birks, R (On the Application Of) v Marcia Rigg-Samuel [2018] EWHC 807 (Admin) (13 April 2018)

High Court (Chancery Division)

Sandhu & Anor v Nagra & Ors [2018] EWHC 763 (Ch) (13 April 2018)

Instant Access Properties Ltd v Rosser & Ors [2018] EWHC 756 (Ch) (13 April 2018)

High Court (Queen’s Bench Division)
Rajatheepan v Barking, Havering And Redbridge NHS Foundation Trust [2018] EWHC 716 (QB) (13 April 2018)

NT 1 & NT 2 v Google LLC [2018] EWHC 799 (QB) (13 April 2018)

Wright v Satellite Information Services Ltd [2018] EWHC 812 (QB) (11 April 2018)

High Court (Technology and Construction Court)

Redbourn Group Ltd v Fairgate Developments Ltd [2018] EWHC 658 (TCC) (13 April 2018)

Source: www.bailii.org

Bedroom Tax – the powers of the Tribunal and a sufficient chest of drawers – Nearly Legal

Posted April 16th, 2018 in benefits, housing, news by sally

‘Two bedroom tax related decisions.’

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Nearly Legal, 15th April 2018

Source: nearlylegal.co.uk

Accommodation pending Appeal – where to appeal a refusal? – Nearly Legal

Posted April 16th, 2018 in appeals, housing, interpretation, news by sally

‘Davis v Watford Borough Council (2018) EWCA Civ 529. A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance.’

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Nearly Legal, 15th April 2018

Source: nearlylegal.co.uk

Tribunal: journalist entitled to obtain tax appeal documentation – OUT-LAW.com

‘A journalist should generally be entitled to obtain copies of documentation lodged with the tribunal as part of a tax appeal, including the grounds of appeal and the response of HM Revenue and Customs (HMRC), the Upper Tribunal (UT) has ruled.’

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OUT-LAW.com, 13th April 2018

Source: www.out-law.com

UK appeal court overturns ‘manifestly excessive’ health and safety fine – OUT-LAW.com

Posted April 16th, 2018 in appeals, fines, health & safety, news by sally

‘The Court of Appeal has reduced to £200,000 a “manifestly excessive” £475,000 fine imposed on a truck sale and leasing company for breaches of health and safety law which led to the accidental death of a contractor.’

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OUT-LAW.com, 16th April 2018

Source: www.out-law.com

NT1 + NT2 = Blogging to the Power of A Million (Words) – Panopticon

Posted April 16th, 2018 in data protection, internet, news by sally

‘It has taken some time for the principles recognised – somewhat ambiguously – in Google Spain to be tested in the English courts. Although the so-called right to be forgotten has rarely left the public memory (at least of that wretched and spindly section of the public which is interested in data protection), taking on Google takes guts, money and an ability to overlook the risk of the Streisand effect. NT1 & NT2 v Google LLC [2018] EWHC 799 (QB) is the battle royale you have been waiting for. But if you want brevity, look elsewhere.’

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Panopticon, 13th Apil 2018

Source: panopticonblog.com

Case Comment: JSC BTA Bank v Khrapunov [2018] UKSC 19 – UK Supreme Court Blog

‘Jessica Joel, trainee solicitor at CMS, considers the case of JSC BTA Bank v Khrapunov.;

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UK Supreme Court Blog, 13th April 2018

Source: ukscblog.com

Dog walker and council both claim success in High Court ruling on PSPO – Local Government Lawyer

‘A resident and dog walker has partially won a High Court challenge to a Public Spaces Protection Order (PSPO) brought in by the London Borough of Richmond. However, the council said the two provisions that were quashed by the judge were only “minor prohibitions” and the bulk of the order remained intact.’

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Local Government Lawyer, 16th April 2018

Source: www.localgovernmentlawyer.co.uk

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by sally

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

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Family Law, 13th April 2018

Source: www.familylaw.co.uk

Gang members jailed for modern slavery – Crown Prosecution Service

‘Two London gang members who trafficked a teenage girl to Swansea to deal heroin and crack cocaine have been jailed.’

Full press release

Crown Prosecution Service, 13th April 2018

Source: www.cps.gov.uk

Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference – Courts & Tribunals Judiciary

Posted April 16th, 2018 in case management, courts, electronic filing, judiciary, speeches by sally

‘Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference.’

Full speech

Courts & Tribunals Judiciary, 16th April 2018

Source: www.judiciary.gov.uk

Google must delete links in ‘right to be forgotten’ case – Law Society’s Gazette

Posted April 16th, 2018 in data protection, internet, news by sally

‘Search engine giant Google has been ordered to remove links to articles about the historic criminal convictions of a businessman in the first “right to be forgotten” case to be decided in England and Wales. Ruling in NT 1 and NT 2 v Google LLC today, Mr Justice Warby reached opposite conclusions about the two claimants, identified as NT 1 and NT 2, based on the nature of the criminal convictions and the extent to which publication of information related to the claimant’s private life.’

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Law Society's Gazette, 13th April 2018

Source: www.lawgazette.co.uk