Man jailed for life after breaking baby son’s neck in Leicester – The Guardian

‘A man has been sentenced to life in prison with a minimum term of 22 years for murdering his four-week-old son, who was left to die from a broken neck in 2017.’

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The Guardian, 10th April 2024

Source: www.theguardian.com

Court of Appeal disapproves of Tribunal’s decision in Capparelli – EIN Blog

‘The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while she was exercising her right of free movement as a worker had not automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981 as the child of someone “settled” in the UK. In so concluding, the Court of Appeal held that the Immigration (European Economic Area) Regulations 2000 were “immigration laws” which subjected the mother to a restriction on her entitlement to remain in the UK and meant that she had not been “settled” for the purposes of section 1(1)(b) at the time of the child’s birth. At first instance Eyre J had dismissed Mr Roehrig’s claim for judicial review of the decision made by the SSHD refusing his application for a British passport. The issue in this appeal, as it was before the single judge, was whether Mr Roehrig automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981. Notably, section 1(1)(b) of the 1981 Act provides that “A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is …(b) settled in the United Kingdom.” The SSHD refused the application stating: “As you were not able to provide documentary evidence to show your Mother was free from immigration time restrictions at the time of your birth, we are not able to issue a passport to you at this time…”.’

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EIN Blog, 10th April 2024

Source: www.ein.org.uk

Caldey Island historical child sex abuse review announced – BBC News

Posted April 11th, 2024 in child abuse, clergy, inquiries, news, sexual offences, Wales by sally

‘A Welsh abbey has commissioned an independent review into alleged historical child sex abuse.’

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BBC News, 10th April 2024

Source: www.bbc.co.uk

Assault of shop workers to be made specific criminal offence – BBC News

Posted April 10th, 2024 in assault, bills, criminal justice, news, sentencing by sally

‘Assaulting a shop worker will be made a separate criminal offence in England and Wales as part of a government response to a wave of retail crime.’

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BBC News, 10th April 2024

Source: www.bbc.co.uk

Met Police refers itself to watchdog after woman fatally stabbed in Westminster home – The Independent

Posted April 10th, 2024 in delay, missing persons, murder, news, ombudsmen, police, professional conduct by sally

‘Scotland Yard has referred itself to the police watchdog after officers waited until the next morning to respond to calls and then found a woman stabbed to death.’

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The Independent, 9th April 2024

Source: www.independent.co.uk

Lack of immigration advisers “encourages illegal services” – Legal Futures

Posted April 10th, 2024 in immigration, legal advice, news, statistics by sally

‘A lack of immigration advisers “encourages those who seek to provide advice illegally”, the Office of the Immigration Services Commissioner (OISC) has warned.’

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Legal Futures, 10th April 2024

Source: www.legalfutures.co.uk

Universal Credit: Gang guilty of large £53.9m benefit fraud – BBC News

Posted April 10th, 2024 in benefits, Crown Prosecution Service, fraud, gangs, money laundering, news by sally

‘Five members of an organised gang have been convicted of what has been described by the Crown Prosecution Service (CPS) as the largest case of benefit fraud in England and Wales.’

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BBC News, 10th April 2024

Source: www.bbc.co.uk

Vicarious liability and reforming the law of apologies in civil proceedings? – Law & Religion UK

‘Section 2 of the Compensation Act 2006 (Apologies, offers of treatment or other redress) was enacted to make it easier for organisations to apologise for their actions without admitting civil liability: it reads, “An apology, an offer of treatment or other redress, shall not of itself amount to an admission of negligence or breach of statutory duty”.’

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Law & Religion UK, 10th April 2024

Source: lawandreligionuk.com

Rapist who drowned mum is set for release from prison despite whole-life sentence – The Independent

‘The children of a woman killed by a man serving a whole-life sentence have described how the possibility of his release from prison on “compassionate grounds” makes their “blood boil” and would be a “national scandal”.’

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The Independent, 9th April 2024

Source: www.independent.co.uk

CPS says it was wrong to pursue case against press photographer – The Guardian

‘The Crown Prosecution Service has admitted it was wrong to press on with a case against a news photographer arrested as he tried to lawfully take pictures at a crime scene.’

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The Guardian, 9th April 2024

Source: www.theguardian.com

Hull funeral home inquiry: Legal move to close Legacy stalls – BBC News

Posted April 10th, 2024 in burials and cremation, insolvency, local government, news by sally

‘A formal move to dissolve the funeral firm at the centre of a police inquiry could not proceed in court.’

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BBC News, 9th April 2024

Source: www.bbc.co.uk

Shoplifting crackdown to include £55m for facial recognition tools in England and Wales – The Guardian

Posted April 10th, 2024 in assault, bills, criminal justice, facial mapping, news, theft by sally

‘The government is investing more than £55m in expanding facial recognition systems – including vans that will scan crowded high streets – as part of a renewed crackdown on shoplifting.’

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The Guardian, 10th April 2024

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 10th, 2024 in legislation by sally

SI 2024/478 – The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2024

SI 2024/477 – The Compulsory Purchase of Land (Vesting Declarations and Land Compensation Development Order) (England) (Amendment) Regulations 2024

SI 2024/473 – The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 10th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Procter v Procter & Ors [2024] EWCA Civ 324 (09 April 2024)

High Court (Administrative Court)

FG, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 780 (Admin) (09 April 2024)

High Court (Chancery Division)

Gibraltar (UK) Ltd & Anor v Viovet Ltd [2024] EWHC 777 (Ch) (09 April 2024)

High Court (Commercial Court)

Lowry Trading Ltd & Anor v Musicalize Ltd & Ors (No. 2) [2024] EWHC 773 (Comm) (08 April 2024)

High Court (King’s Bench Division)

Amersi v British Broadcasting Corporation [2024] EWHC 774 (KB) (09 April 2024)

Source: www.bailii.org

The Strange Case of the Seven Year Child – EIN Blog

Posted April 9th, 2024 in children, families, human rights, immigration, news, young persons by sally

‘The Private Life immigration route was introduced along with many other changes to the rules in July 2012 to implement the government’s view of its obligations under Article 8 ECHR. These rules have been amended several times since then, often in response to judicial findings and particularly in relation to children and young adults, by which we mean those under 18, and those aged between 18 and 24.’

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EIN Blog, 9th April 2024

Source: www.ein.org.uk

Special Development Order puts end to council enforcement action against asylum seeker airbase – Local Government Lawyer

Posted April 9th, 2024 in asylum, enforcement notices, housing, local government, news, planning by sally

‘West Lindsey District Council has withdrawn its enforcement notice at RAF Scampton in light of a Special Development Order (SDO) that has put an end to planning enforcement action relating to the site.’

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Local Government Lawyer, 8th April 2024

Source: www.localgovernmentlawyer.co.uk

High Court finds Westminster housing policy indirectly discriminatory towards women needing to move to escape violence – Local Government Lawyer

‘A claimant has won a judicial review challenge in the High Court over Westminster City Council’s decision to refuse to agree to her request for a “reciprocal transfer” into accommodation in its area.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

City council wins appeal over offer of accommodation with one bedroom to father of four – Local Government Lawyer

Posted April 9th, 2024 in appeals, families, family courts, housing, local government, news by sally

‘The Court of Appeal has allowed an appeal by Cambridge City Council over whether it was justified in offering the claimant/respondent accommodation with one bedroom despite him wanting a home large enough for his children to stay overnight when visiting.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

SRA pulls prosecution after Foreign Office warning – Legal Futures

‘The Solicitors Regulation Authority (SRA) has withdrawn all its allegations against a solicitor and non-lawyer after the Foreign Office advised against taking evidence remotely from a crucial witness in Dubai without permission from the UAE government.’

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Legal Futures, 9th April 2024

Source: www.legalfutures.co.uk

Three men jailed for their involvement in the large-scale supply of illegal drugs – Crown Prosecution Service

Posted April 9th, 2024 in drug trafficking, news, sentencing by sally

‘Three men have today been jailed for their involvement in a drug enterprise which saw the large scale selling of drugs on the dark web and their onward transmission via post in disguised packaging.’

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Crown Prosecution Service, 8th April 2024

Source: www.cps.gov.uk