Claimant wins High Court challenge to council over failure to secure suitable accommodation, conduct lawful assessment of children – Local Government Lawyer

Posted August 16th, 2024 in children, disabled persons, families, homelessness, housing, local government, mental health, news by sally

‘The London Borough of Bexley failed to secure suitable accommodation for claimant ZRR in breach of section 190 of the Housing Act 1996 and failed to conduct a lawful needs assessment of her children under section 17 of the Children Act 1989, the High Court has found.’

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Local Government Lawyer, 15th August 2024

Source: www.localgovernmentlawyer.co.uk

Thousands of train fare prosecutions to be quashed – BBC News

Posted August 16th, 2024 in compensation, fines, news, prosecutions, railways by sally

‘As many as 74,000 prosecutions for alleged rail fare evasion in England and Wales are set to be quashed following a landmark ruling.’

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BBC News, 15th August 2024

Source: www.bbc.co.uk

‘It’s not like you were beaten’: The horrifying misogyny vulnerable women face from the judge’s bench – The Independent

Posted August 16th, 2024 in coercive & controlling behaviour, domestic violence, families, family courts, judges, judiciary, news, victims, women by sally

‘Domestic abuse survivors warn that – inside the secretive family courts – they are being “retraumatised” by the legal system, and say judges are the worst offenders.’

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The Independent, 16th August 2024

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted August 15th, 2024 in law reports by sally

Court of Appeal (Civil Division)

MTA v The Lord Chancellor [2024] EWCA Civ 965 (13 August 2024)

High Court (Administrative Court)

Boswell, R (On the Application Of) v Secretary of State for Energy Security and Net Zero [2024] EWHC 2128 (Admin) (14 August 2024)

High Court (Chancery Division)

PK Investments Ltd v Sabaratnam & Anor (Re Finno Medical Ltd – Insolvency Act 1986) [2024] EWHC 2188 (Ch) (13 August 2024)

High Court (Family Division)

K (Declaration of Parentage: Absence of Written Consent), Re [2024] EWHC 2126 (Fam) (14 August 2024)

High Court (Technology and Construction Court)

Irwell Riverside Developments Ltd v Arcadis Consulting (UK) Ltd [2024] EWHC 2110 (TCC) (09 August 2024)

Source: www.bailii.org

Role of free legal advice “never been more critical”: Access to Justice Foundation – Local Government Lawyer

Posted August 15th, 2024 in legal advice, legal aid, news, reports by sally

‘Providing free specialist legal advice could save the government £4.5billion for every half a million people who receive it, a new report has found.’

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Local Government Lawyer, 14th August 2024

Source: www.localgovernmentlawyer.co.uk

Rioters jailed for ‘utterly terrifying’ attack on Rotherham asylum hotel – The Independent

Posted August 15th, 2024 in asylum, news, sentencing, violent disorder by sally

‘A father-of-three has been jailed for three years for storming a hotel housing asylum seekers in an “utterly terrifying” attack during riots in Rotherham.’

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The Independent, 14th August 2024

Source: www.independent.co.uk

Steven Bartlett nutrition adverts banned for being misleading – BBC News

Posted August 15th, 2024 in advertising, complaints, news, standards by sally

‘Adverts for nutrition products promoted by Diary of a CEO podcaster Steven Bartlett have been banned after a watchdog said they were misleading.’

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BBC News, 14th August 2024

Source: www.bbc.co.uk

Woman paid £35,000 over CPS’s decision to drop rape case after ‘sexsomnia’ claim – The Guardian

Posted August 15th, 2024 in compensation, Crown Prosecution Service, news, prosecutions, rape, sleepwalking by sally

‘A woman has been awarded £35,000 in compensation from the Crown Prosecution Service (CPS) after her rape case was dropped over claims that she could have had an episode of a rare sleep condition called sexsomnia.’

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The Guardian, 15th August 2024

Source: www.theguardian.com

Key questions that remain about Nottingham killer’s care – BBC News

Posted August 15th, 2024 in community care, homicide, medical treatment, mental health, news by sally

‘The critical report into the mental healthcare given to Valdo Calocane – a paranoid schizophrenic who fatally stabbed three people in Nottingham last year – is damning.’

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BBC News, 14th August 2024

Source: www.bbc.co.uk

Woman, 53, jailed over ‘blow the mosque up’ Facebook post after Southport riots – The Guardian

Posted August 15th, 2024 in guilty pleas, media, news, sentencing, threatening behaviour, violent disorder by sally

‘A 53-year-old woman who lived a “quiet, sheltered” life has been jailed for 15 months for posting a comment on Facebook which said: “Blow the mosque up with the adults in it.”’

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The Guardian, 14th August 2024

Source: www.theguardian.com

Property firm fined £22k for money laundering failures – Legal Futures

Posted August 14th, 2024 in fines, law firms, money laundering, news, solicitors, Solicitors Regulation Authority by sally

‘A property law firm in Manchester has been handed a fine of nearly £22,000 for failures in anti-money laundering (AML) procedures, towards the top end of the Solicitors Regulation Authority’s (SRA) powers.’

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Legal Futures, 14th August 2024

Source: www.legalfutures.co.uk

No fixed charge over IP addresses – Mills & Reeve

Posted August 14th, 2024 in chambers articles, company law, insolvency, internet, news by sally

‘Having considered the circumstances relating to, and the security granted over, various IP addresses (the “addresses”), the Court held that the security granted over the addresses, was floating charge, rather than fixed charge, security and ordered accordingly.’

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Mills & Reeve, 13th August 2024

Source: www.mills-reeve.com

Why we don’t know what’s going on in family courts – Transparency Project

Posted August 14th, 2024 in anonymity, families, family courts, news, reporting restrictions, statistics by sally

‘We hear a lot about ‘secret’ family courts because of reporting restrictions and family privacy, but there is more to genuine transparency than holding processes out in the open. To understand how a system is operating we need information based on reliable data across that system.’

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Transparency Project, 14th August 2024

Source: transparencyproject.org.uk

Delaying UK APP fraud compensation scheme ‘may be considered prudent’ – OUT-LAW.com

Posted August 14th, 2024 in compensation, delay, fraud, news by sally

‘UK policymakers could consider it “prudent” to defer the implementation of a new fraud compensation scheme to seek to allay the “legitimate concerns” about the scheme that UK payment providers have expressed, an expert has said.’

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OUT-LAW.com, 13th August 2024

Source: www.pinsentmasons.com

Violence against women on UK trains rises by 50% in two years – The Guardian

Posted August 14th, 2024 in harassment, news, police, railways, sentencing, sexual offences, statistics, violence, women by sally

‘Violence against women and girls on British railways has risen by more than 50% over two years, according to official figures.’

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The Guardian, 14th August 2024

Source: www.theguardian.com

BHS, a case of misfeasant trading – Mills & Reeve

Posted August 14th, 2024 in chambers articles, company directors, company law, insolvency, misfeasance, news by sally

‘In a lengthy judgment the Court has ordered that former directors of BHS are to pay sums arising in both wrongful trading and in “trading” misfeasance.’

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Mills & Reeve, 13th August 2024

Source: www.mills-reeve.com

36 Crime Newsletter, Summer 2024 – The 36 Group

Posted August 13th, 2024 in chambers articles, criminal justice, news by sally

’36 Crime Newsletter, Summer 2024′

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The 36 Group , 5th August 2024

Source: 36group.co.uk

Financial Remedies – Short Marriage – 33 Bedford Row

Posted August 13th, 2024 in chambers articles, child support, children, divorce, families, family courts, financial provision, news by sally

‘Financial Remedies – Short Marriage.’

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33 Bedford Row, 7th August 2024

Source: www.33bedfordrow.co.uk

Sports law Bulletin – 23 Essex Street

Posted August 13th, 2024 in chambers articles, news, sport by sally

‘Sports law Bulletin August 2024’

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23 Essex Street, 8th August 2024

Source: www.23es.com

Protest v Disorder – Distinctions in Law | John Oliver writes – 5SAH

Posted August 13th, 2024 in appeals, chambers articles, children, demonstrations, news, public order, violent disorder by sally

‘With reference to the disorder sweeping across the country, John Oliver writes about the court’s approach to protests and disorder and where the line between the two sits. John also summarises the court’s approach to sentencing offences committed in the context of widespread disorder. With reference to appeal cases, John explains that public protection, punishment and deterrence will be at the forefront of the sentencing judge’s mind in these cases.’

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5SAH, 9th August 2024

Source: www.5sah.co.uk