Current Awareness

Waste company pays £100k to Nature Recovery Project after fire at site – Local Government Lawyer

Posted September 4th, 2024 in enforcement, environmental protection, fire, local government, news, pollution, waste by sally

‘A West Midlands waste operator has paid £100,000 to a local wildlife project as an Enforcement Undertaking following a fire at one of its sites.’

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Local Government Lawyer, 3rd September 2024

Source: www.localgovernmentlawyer.co.uk

High Court Upholds Costs Orders Against Halton Borough Council Over Planning Inquiry – Local Government Lawyer

Posted September 4th, 2024 in costs, expert witnesses, health & safety, housing, inquiries, local government, news, planning by sally

‘The High Court has upheld two costs orders against Halton Borough Council following the collapse of a planning inquiry due to the failure of the council’s expert witness to support its case.’

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Local Government Lawyer, 4th September 2024

Source: www.localgovernmentlawyer.co.uk

Employment tribunal orders justice secretary to pay court worker £27,000 – Law Society’s Gazette

Posted September 4th, 2024 in compensation, damages, disability discrimination, disabled persons, employment, employment tribunals, equality, Ministry of Justice, news by sally

‘A magistrates court’s administration officer has been awarded more than £27,000 after succeeding in her disability discrimination employment tribunal claim against the secretary of state for justice.’

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Law Society's Gazette, 3rd September 2024

Source: www.lawgazette.co.uk

Bar Standards Board consults on revised proposals to promote equality, diversity and inclusion at the Bar – Bar Standards Board

Posted September 4th, 2024 in barristers, codes of practice, consultations, diversity, equality, news by sally

‘The Bar Standards Board (BSB) has today launched a public consultation on new rules to promote equality, diversity and inclusion at the Bar. Despite improvements in diversity in recent years, there remain significant challenges for the Bar in promoting access to the profession, in retaining qualified practitioners and in addressing bullying, discrimination and harassment. The regulator is therefore asking for a further step change in the profession’s approach to equality, diversity and inclusion.’

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Bar Standards Board, 3rd September 2024

Source: www.barstandardsboard.org.uk

Prisoner found dead after inadequate welfare check – BBC News

Posted September 4th, 2024 in death in custody, news, ombudsmen, prisons by sally

‘A welfare check on the morning of a prisoner’s death “fell short” of the required standards, a report by the prison ombudsman has said.’

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BBC News, 3rd September 2024

Source: www.bbc.co.uk

Man who murdered father-of-six jailed for life – BBC News

Posted September 4th, 2024 in assault, emergency services, imprisonment, murder, news, police, sentencing by sally

‘A man who murdered a father-of-six during a street fight has been jailed for life.’

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BBC News, 3rd September 2024

Source: www.bbc.co.uk

Compensation claims over cruise norovirus outbreak – BBC News

Posted September 4th, 2024 in compensation, health, holidays, news by sally

‘A cruise operator is facing claims for refunds and compensation after hundreds of passengers were taken ill on board.’

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BBC News, 3rd September 2024

Source: www.bbc.co.uk

Prison early release scheme to include some serious offenders, MoJ admits – The Guardian

Posted September 4th, 2024 in criminal justice, early release, Ministry of Justice, news, prisons, sexual offences, violent offenders by sally

‘Prisoners serving time for lesser crime following serious one will be eligible under plan to free up jail space, officials confirm.’

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The Guardian, 3rd September 2024

Source: www.theguardian.com

Mother of Baby P back in jail after licence conditions breach – The Independent

Posted September 4th, 2024 in causing death of children or vulnerable adults, children, families, imprisonment, licensing, news, parole by sally

‘The mother of Baby P, who died after months of abuse, is back behind bars two years after being freed from jail.’

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The Independent, 3rd September 2024

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted September 3rd, 2024 in law reports by sally

Court of Appeal (Civil Division)

M (A Child), In the Matter Of [2024] EWCA Civ 1000 (29 August 2024)

High Court (Administrative Court)

LM & Anor, R (On the Application Of) v An Academy Trust [2024] EWHC 2267 (Admin) (02 September 2024)

National Crime Agency v Hao & Ors [2024] EWHC 2240 (Admin) (30 August 2024)

George v Nursing and Midwifery Council [2024] EWHC 2244 (Admin) (30 August 2024)

Kopan v Regional Court in Czestochowa, Poland [2024] EWHC 2229 (Admin) (29 August 2024)

High Court (Chancery Division)

Commercial Law Practice Ltd & Anor v Atkinson Wheller Ltd [2024] EWHC 2195 (Ch) (30 August 2024)

Manolete Partners PLC v Freed & Ors (Re Just Recruit Group Ltd – Insolvency Act 1986) [2024] EWHC 2242 (Ch) (30 August 2024)

IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) (30 August 2024)

Matrix Receivables Ltd v Musst Holdings Ltd (Re Costs) [2024] EWHC 2245 (Ch) (30 August 2024)

Webb & Anor v Eversholt Rail Ltd & Anor (Re Eversholt Rail (365) Ltd – Insolvency Act 1986) [2024] EWHC 2217 (Ch) (29 August 2024

High Court (Family Division)

Elkndo v Elsyed (Committal: Sentence) [2024] EWHC 2230 (Fam) (29 August 2024)

T & O, Re (Appeal: Fair Hearings: Delegation of Judicial Functions) [2024] EWHC 2236 (Fam) (29 August 2024)

High Court (King’s Bench Division)

Smyth v British Airways Plc & Anor [2024] EWHC 2173 (KB) (02 September 2024)

Lindsay v O’Loughnane & Ors [2024] EWHC 2232 (KB) (28 August 2024)

Allard v Govia Thameslink Railway Ltd [2024] EWHC 2227 (KB) (28 August 2024)

High Court (Technology and Construction Court)

Magnetic Shields Ltd v Vacuum And Atmosphere Services Ltd [2024] EWHC 2260 (TCC) (02 September 2024)

CNO Plant Hire Ltd v Caldwell Construction Ltd [2024] EWHC 2188 (TCC) (21 August 2024)

Source: www.bailii.org

UK insurance firms must ensure fair value of products following FCA review – OUT-LAW.com

Posted September 3rd, 2024 in consumer protection, financial regulation, financial services ombudsman, insurance, news by sally

‘Manufacturers and distributors of non-investment insurance products may need to re-consider the efficacy of their product value assessments and ensure they are fully aware of their responsibilities to consumers following the findings of a UK Financial Conduct Authority (FCA) thematic review.’

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OUT-LAW.com, 2nd September 2024

Source: www.pinsentmasons.com

Why health and safety at work law stands the test of time 50 years on – OUT-LAW.com

Posted September 3rd, 2024 in employment, health & safety, news by sally

‘The Health and Safety at Work etc Act 1974 has now been in force for 50 years, but it continues to provide a globally-recognised framework for managing health and safety risk – even as that risk evolves with the operation of new technologies and ways of working.’

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OUT-LAW.com, 2nd September 2024

Source: www.pinsentmasons.com

Coroner issues anaesthetic warning after death – BBC News

Posted September 3rd, 2024 in hospitals, inquests, medical treatment, news by sally

‘A coroner has raised concerns about how local anaesthetic is administered after a woman was given too much during an operation and later died.’

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BBC News, 3rd September 2024

Source: www.bbc.co.uk

Developer and director who ignored enforcement notice hit with more than £300k in fines and costs – Local Government Lawyer

Posted September 3rd, 2024 in construction industry, costs, enforcement notices, fines, news, planning by sally

‘Developers who forged ahead with construction on a residential site despite receiving a temporary stop notice and an enforcement notice have been ordered to pay £120,000 in costs to South Hams District Council.’

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Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

Charity watchdog issues first ever “official warning” to council for failing to properly manage 13 charities – Local Government Lawyer

Posted September 3rd, 2024 in charities, Charity Commission, local government, maladministration, news, trusts by sally

‘The Charity Commission for England and Wales has issued Calderdale Council with an Official Warning of misconduct and/or mismanagement after it failed to comply with its duties as trustee of 13 charities.’

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Local Government Lawyer, 2nd September 2024

Source: www.localgovernmentlawyer.co.uk

The NPPF and development within the setting of national landscapes – Local Government Lawyer

Posted September 3rd, 2024 in appeals, areas of outstanding natural beauty, judicial review, news, planning by sally

‘Jack Parker looks at the outcome of a recent case on the effect of the National Planning Policy Framework in relation to development within the setting of a National Landscape.’

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Local Government Lawyer, 30th August 2024

Source: www.localgovernmentlawyer.co.uk

Claim against law firm thrown out over LiP’s service failure – Legal Futures

Posted September 3rd, 2024 in electronic filing, law firms, litigants in person, negligence, news, service by sally

‘The High Court did not “receive” a claim form that was not properly e-filed by a litigant in person (LiP) wanting to sue her former solicitors, the Court of Appeal has ruled.’

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Legal Futures, 2nd September 2024

Source: www.legalfutures.co.uk

Appeal judges reject prisoner’s claim that lawyers failed him in court – Legal Futures

Posted September 3rd, 2024 in appeals, grievous bodily harm, legal representation, news, time limits by sally

‘The Court of Appeal has rejected a prisoner’s claim that his lawyers “failed to represent him properly” after convictions for grievous bodily harm (GBH).’

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Legal Futures, 3rd September 2024

Source: www.legalfutures.co.uk