Council not liable for Japanese knotweed damage – OUT-LAW.com

Posted May 20th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by sally

‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’

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OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Administration extension pitfalls and recent UK court decisions – OUT-LAW.com

Posted May 20th, 2024 in administrators, company law, insolvency, news, time limits by sally

‘The administration of a company automatically comes to an end on the first anniversary of its commencement. However, the period can be extended beyond the first anniversary with the consent of the creditors or the court.’

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OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Limits on director liability for trade mark infringement confirmed in the UK – OUT-LAW.com

‘Directors of companies that infringe trade marks can only be held personally liable as an accessory to that infringement in the UK if they know that what their company was doing amounted to trade mark infringement, the UK’s highest court has confirmed.’

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OUT-LAW.com, 15th May 2024

Source: www.pinsentmasons.com

Greater support for neurodivergent offenders in bid to cut crime – Ministry of Justice

‘Staff dedicated to helping neurodivergent offenders are now in place in all public prisons in England and Wales.’

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Ministry of Justice, 16th May 2024

Source: www.gov.uk

High Court rejects SRA appeal against £75,000 costs order – Legal Futures

‘The High Court has rejected the Solicitors Regulation Authority’s (SRA) appeal against a £75,000 costs order made after its failed prosecution of a solicitor.’

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Legal Futures, 20th May 2024

Source: www.legalfutures.co.uk

Speech by the Master of the Rolls: The Future of Courts – Courts and Tribunals Judiciary

‘The Future of Courts: Expert Panel and Discussion.’

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Courts and Tribunals Judiciary, 15th May 2024

Source: www.judiciary.uk

Speech by the President of the Family Division: Adapting Adoption to the Modern World, Part Two – Courts and Tribunals Judiciary

Posted May 20th, 2024 in adoption, children, families, family courts, judges, mental health, news, speeches by sally

‘Adapting Adoption to the Modern World: Part Two, Friday 17 May 2024 President of the Family Division The Right Honourable Sir Andrew McFarlane.’

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Courts and Tribunals Judiciary, 17th May 2024

Source: www.judiciary.uk

Senior judge predicts AI will transform the role of experts – Law Society’s Gazette

Posted May 20th, 2024 in artificial intelligence, expert witnesses, judges, news by sally

‘A leading judge has told expert witnesses they will not be replaced by AI, despite the courts enthusiastically embracing the technology.’

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Law Society's Gazette, 20th May 2024

Source: www.lawgazette.co.uk

Nurse struck off over hit-and-run death of man, 82 – BBC News

‘A nurse who killed a great-grandfather in a drink-drive hit-and-run has been struck off.’

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BBC News, 17th May 2024

Source: www.bbc.co.uk

Ticket touts who ‘fleeced’ Ed Sheeran and Lady Gaga fans jailed – The Guardian

Posted May 20th, 2024 in consumer protection, fraud, imprisonment, news, sentencing by sally

‘Ticket touts who conspired to “fleece” fans of artists including Ed Sheeran, Liam Gallagher and Lady Gaga have been jailed for operating a “fraudulent trading” scheme worth more than £6.5m.’

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The Guardian, 17th May 2024

Source: www.theguardian.com

Councils demand urgent attention for adult social care on tenth anniversary of Care Act – Local Government Lawyer

Posted May 17th, 2024 in local government, news, social services by sally

‘Governments should stop treating adult social care as a political football and make a substantial long-term investment in it to mark the tenth anniversary of the Care Act 2014.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Applying Laws Across Time: Disentangling the ‘Always Speaking’ Principles – Oxford Journal of Legal Studies

Posted May 17th, 2024 in judges, judiciary, legislative drafting, news, statutory interpretation by sally

‘Common-law judges frequently claim to apply the “always speaking” principle. But they recognise that they are not clear on what it means, with Lord Leggatt recently calling the metaphor “enigmatic”. In this article, I seek to clarify this by showing that the “always speaking” metaphor is associated with at least four different types of principle, each of which responds to a distinct issue (although there is a common theme: change over time). I explore the origins of the “always speaking” metaphor, distinguish the four issues and explain how they relate. I argue that it is important to disentangle the four types of “always speaking” principle, with a focus on distinguishing principles of dynamic (versus originalist) interpretation from principles that empower judges to strain or “recast” legislation to deal with new developments sensibly. In doing so, I analyse and critique the judgments in the recent UK Supreme Court case of News Corp.’

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Oxford Journal of Legal Studies, 10th May 2024

Source: academic.oup.com

Kent NHS trust made failures in care of six-year-old girl, inquest finds – The Guardian

‘An inquest into the death of a six-year-old girl has concluded an NHS hospital trust made a number of failures in her care before she died.’

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The Guardian, 16th May 2024

Source: www.theguardian.com

Non-fatal strangulation and suffocation offences: proposed sentencing guideline published – Sentencing Council

Posted May 17th, 2024 in appeals, consultations, domestic violence, news, sentencing by sally

‘A draft sentencing guideline for sentencing offenders convicted of non-fatal strangulation and non-fatal suffocation offences in courts across England and Wales, was published for consultation by the Sentencing Council today.’

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Sentencing Council, 15th May 2024

Source: www.sentencingcouncil.org.uk

R v Michaela Community Schools Trust: Human Rights and Freedom of Religion in the UK – Oxford Human Rights Hub

‘The relationship between Islam, religious freedom, and human rights has long been a subject of debate in Britain. However, the significance of the latest instalment in this saga, the judgment of R v Michaela Community Schools Trust, lies not in Islam’s relationship with secularism or human rights but instead in illustrating the incoherence of British ideas on freedom of religion.’

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Oxford Human Rights Hub, 16th May 2024

Source: ohrh.law.ox.ac.uk

UK climate activists convicted in first trial of new anti-protest laws – The Guardian

‘Three climate activists have been convicted of “interference with key national infrastructure” by marching in the road in west London for 20 minutes, in the new offence’s first test at trial.’

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The Guardian, 15th May 2024

Source: www.theguardian.com

Greenwashing: Where are we now? – Mills & Reeve

‘Organisations are feeling the pressure more than ever to offer sustainable and environmentally conscious products and services to consumers. However, with the push to appear more eco-friendly comes the risk of over-exaggerating or misleading others with statements about green credentials.’

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Mills & Reeve, 16th May 2024

Source: www.mills-reeve.com

Family President issues guidance on urgent and out of hours applications to High Court Family Division – Local Government Lawyer

Posted May 17th, 2024 in families, family courts, judges, news by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued practice guidance on urgent applications, out of hours applications and bundles in the Family Division of the High Court.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk

Barristers turning away from government legal work over frozen fees – Legal Futures

Posted May 17th, 2024 in barristers, fees, government departments, judiciary, news, remuneration by sally

The failure to increase the rates of pay for barristers handling government work since 1997 has created a “very high level of dissatisfaction and exasperation”.

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Legal Futures, 17th May 2024

Source: www.legalfutures.co.uk

UK to introduce new offence of causing death or injury by dangerous cycling – The Guardian

Posted May 17th, 2024 in bicycles, bills, criminal justice, dangerous driving, homicide, news by sally

‘A new offence of causing death or serious injury by dangerous, careless or inconsiderate cycling is to be introduced.’

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The Guardian, 15th May 2024

Source: www.theguardian.com