Student who idolised Unabomber wrote terror guide for ‘misfits and nobodies’ – The Independent

Posted March 19th, 2024 in explosives, firearms, news, sentencing, terrorism by tracey

‘A college student who wrote a “how-to” terror guide on weapons and bombs dedicated to “misfits” and “social nobodies” has been jailed for 13 years.’

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The Independent, 18th March 2024

Source: www.independent.co.uk

Suitability, disability discrimination and dogs – temporary accommodation – Nearly Legal

‘AB & Anor, R (On the Application Of) v Westminster City Council (2024) EWHC 266 (Admin). This was a judicial review of both the suitability of accommodation provided to a homeless couple, and also of Westminster’s policy of sourcing temporary accommodation, which was claimed to indirectly discriminate against disabled people.’

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Nearly Legal, 17th March 2024

Source: nearlylegal.co.uk

CMA investigation into UK vet market could have big implications for investors – OUT-LAW.com

Posted March 18th, 2024 in animals, competition, news, ombudsmen by tracey

‘The UK’s competition watchdog is to launch an in-depth investigation into the veterinary market due to concerns over poor competition and limited consumer choice, the outcome of which could have direct implications on buy-and-build investors in the sector, commercial and competition law experts have said.’

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OUT-LAW.com, 15th March 2024

Source: www.pinsentmasons.com

Victims given greater access to justice through legal aid reform – Ministry of Justice

‘Innocent people who have suffered miscarriages of justice, personal harm or injury are among those who will benefit from upcoming changes to legal aid means testing coming into effect this year.’

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Ministry of Justice, 14th March 2024

Source: www.gov.uk

Condition precedents in light of Lancashire Schools v Lendlease – Local Government Lawyer

‘Condition precedents are common in various commercial agreements. Ewan Anthony and David Owens discuss the court’s general approach to considering contractual condition precedents, and whether, particularly after the recent case of Lancashire Schools SPC Phase 2 Limited v Lendlease Construction (Europe) Limited and Others [2024] EWHC 37 (TCC), the court may be prepared to disregard them.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Vulnerable adults and non-recognition of marriage – Local Government Lawyer

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Lawyers can recover costs of attending rehab meetings “in principle” – Legal Futures

Posted March 18th, 2024 in appeals, case management, costs, damages, news, personal injuries, solicitors by tracey

‘The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

High Court upholds wasted costs order against law firm – Legal Futures

‘A circuit judge was entitled to make a wasted costs order against a firm of solicitors that failed to translate their client’s statement and pleadings for use at trial, the High Court has ruled.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

News focus: Dr Bitcoin case comes to an abrupt end – Law Society’s Gazette

Posted March 18th, 2024 in cryptocurrencies, forgery, news by tracey

‘Dr Craig Wright was accused of “forgery on an industrial scale” in a case that ended yesterday when the High Court ruled he is not the inventor of bitcoin. The judge found his adversaries’ evidence “overwhelming.”’

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Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk

Court of Appeal delivers boost for claimant lawyers on costs principle – Law Society’s Gazette

Posted March 18th, 2024 in appeals, case management, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Claimant lawyers will breath a sigh of relief today after the Court of Appeal ruled that costs of attending rehabilitation case management meetings could in principle be recovered.’

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Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk

‘It’s an excuse to overreach’: families’ anger over UK police restraint deaths blamed on disputed condition – The Guardian

‘Acute behavioural disturbance and excited delirium have been cited in police watchdog reports and inquests into 44 deaths – but campaigners say it is pseudoscience.’

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The Guardian, 17th March 2024

Source: www.theguardian.com

Two jailed for trying to smuggle migrants out of UK – BBC News

Posted March 18th, 2024 in immigration, imprisonment, news, sentencing, trafficking in human beings by tracey

‘Two men have been jailed for a total of 12 years for trying to smuggle migrants out of the UK in a refrigerated lorry.’

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BBC News, 15th March 2024

Source: www.bbc.co.uk

HMP Woodhill: Prison staff made insufficient checks on inmate found dead – BBC News

‘Prison staff failed to properly check on a prisoner the morning he was found dead, the prisons ombudsman has ruled.’

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BBC News, 18th March 2024

Source: www.bbc.co.uk

How sex abusers who target their own children keep parental rights – and the mothers fighting back – The Independent

‘A mother is desperate to change her child’s surname – so that they no longer share it with their criminal father. But Emily* is being blocked from doing so by her ex, despite the fact that he is a convicted child sex offender. Her predicament is not unique. Under English and Welsh law, child sex abusers are able to keep their parental rights in the UK, even if they target their own children. This allows them to retain influence over where the child lives, as well as their healthcare and education.’

Full Story

The Independent, 17th March 2024

Source: www.independent.co.uk

Woman whose baby was stillborn in HMP Styal praises sentencing changes – The Guardian

‘A former prisoner who gave birth to a stillborn baby in a jail toilet has welcomed changes that campaigners hope will reduce the number of pregnant women locked up, as a “legacy” for the daughter she lost.’

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The Guardian, 18th March 2024

Source: www.theguardian.com

Sentencing Council to make changes to manslaughter guidelines and introduce new guidance for sentencing pregnant offenders – Sentencing Council

‘Changes to a number of sentencing guidelines have been published by the Sentencing Council following a consultation on miscellaneous amendments. The changes, which will come into effect on 1 April 2024, include amendments to the manslaughter guidelines made in response to recommendations in the Domestic Homicide Sentencing Review and the introduction of a new, dedicated mitigating factor providing guidance for courts on sentencing pregnant offenders and new mothers.’

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Sentencing Council, 18th March 2024

Source: www.sentencingcouncil.org.uk

BAILII: Recent Decisions

Posted March 15th, 2024 in law reports by michael

Court of Appeal (Civil Division)

Hadley v Przybylo [2024] EWCA Civ 250 (15 March 2024)

Kumar & Ors v LSC Finance Ltd [2024] EWCA Civ 254 (15 March 2024)

Ahmet v Tatum & Anor [2024] EWCA Civ 255 (15 March 2024)

White & Ors v Secretary of State for Health and Social Care [2024] EWCA Civ 244 (14 March 2024)

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024)

Heathcote & Anor v Asertis Ltd [2024] EWCA Civ 242 (14 March 2024)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2024] EWCA Civ 245 (14 March 2024)

Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247 (14 March 2024)

Court of Appeal (Criminal Division)

Young, R. v [2024] EWCA Crim 251 (15 March 2024)

High Court (Administrative Court)

DXK, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (15 March 2024)

Hamasalih v Italian Judicial Authority [2024] EWHC 595 (Admin) (15 March 2024)

McMahon, R (On the Application Of) v Independent Office for Police Conduct [2024] EWHC 556 (Admin) (14 March 2024)

McLeish & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2024] EWHC 532 (Admin) (14 March 2024)

Professional Standards Authority for Health and Social Care v General Pharmaceutical Council & Anor [2024] EWHC 577 (Admin) (14 March 2024)

LS, R (On the Application Of) v London Borough of Merton [2024] EWHC 584 (Admin) (14 March 2024)

High Court (King’s Bench Division)

Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB) (15 March 2024)

High Court (Technology & Construction Court)

Battersea Project Phase 2 Development Company Ltd v QFS Scaffolding Ltd [2024] EWHC 591 (TCC) (15 March 2024)

Jalla & Ors v Royal Dutch Shell PLC & Ors [2024] EWHC 578 (TCC) (14 March 2024)

Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2024] EWHC 580 (TCC) (14 March 2024)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 15th, 2024 in legislation by michael

SI 2024/379 – The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2024

SI 2024/377 – The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024

SI 2024/376 – The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2024

SI 2024/375 – The Parliamentary Constituencies (Amendment) Order 2024

SI 2024/374 – The Anaesthesia Associates and Physician Associates Order 2024

SI 2024/373 – The Down Syndrome Act 2022 (Commencement) Regulations 2024

SI 2024/371 – The Homelessness (Suitability of Accommodation) (England) (Amendment) Order 2024

SI 2024/370 – The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2024

SI 2024/365 – The Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2024

SI 2024/364 – The Tribunal Procedure (Amendment) Rules 2024

SI 2024/363 – The Flood and Water Management Act 2010 (Commencement No. 11) Order 2024

SI 2024/362 – The Animals (Scientific Procedures) Act 1986 (Fees) Order 2024

SI 2024/357 – The Finance Act 2004 (Registered Pension Schemes and Annual Allowance Charge) Order 2024

SI 2024/356 – The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024

SI 2024/347 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2024

SI 2024/345 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2024

www.legislation.gov.uk

Courting controversy: the use of trigger warnings in teaching human rights law – The Law Teacher

Posted March 15th, 2024 in education, human rights, legal education, mental health, news, universities by sally

‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’

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The Law Teacher, 1st March 2024

Source: www.tandfonline.com