Current Awareness – Page 196 – Legal News selected by the Inner Temple Library

Mediation Tips: Preparing to Settle – St Philips Barristers

Posted May 15th, 2024 in chambers articles, dispute resolution, news by sally

‘Clients should be well-prepared and understand what mediation is. If you only intend to repeat previous offers (or make the same offer), mediation will fail. Compromise and, therefore, making and considering offers, is essential. Clients should be fully prepared on what kind of compromises may or may not work. Clients should be briefed on what mediation is and how it works. This may be obvious to lawyers but its not always done or often expected to be done on the day… which is too late.’

St Philips Barristers, 23rd April 2024

Source: st-philips.com

Ordinary reference and reference innuendo – Law Society’s Gazette

Posted May 15th, 2024 in coronavirus, defamation, news, parliament, striking out by sally

‘Judgment has been handed down in the strike-out application brought by Matt Hancock MP in respect of a defamation claim brought against him by Andrew Bridgen MP.’

Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Environmental Law News Podcast – Six Pump Court

Posted May 15th, 2024 in chambers articles, climate change, environmental health, environmental protection, news, podcasts by sally

‘In this podcast produced by Lexis PSL, Christopher Badger and Mark Davies look at progress made under the 25 Year Environment Plan, publication of the Green Finance Strategy and more Environment Act 2021 Commencement Regulations.’

Six Pump Court, 18th April 2024

Source: 6pumpcourt.co.uk

Nearly 40% of dirty money is laundered in London and UK crown dependencies – The Guardian

Posted May 15th, 2024 in Cayman Islands, London, money laundering, news, statistics by sally

‘Nearly 40% of the dirty money in the world is going through the City of London and other crown dependencies, the UK’s deputy foreign secretary has said.’

The Guardian, 14th May 2024

Source: www.theguardian.com

What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy

Posted May 15th, 2024 in Court of Protection, evidence, families, hospitals, injunctions, medical treatment, news by sally

‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’

Mental Capacity Law and Policy, 14th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Parts of police act ‘intrude’ on lives of Gypsies and Travellers, court finds – The Guardian

Posted May 15th, 2024 in equality, human rights, news, police, race discrimination, travellers by sally

‘A high court judge has found parts of the UK government’s policing legislation to be in breach of human rights law, with its powers capable of causing a “significant intrusion” on the lives of Gypsies and Travellers.’

The Guardian, 14th May 2024

Source: www.theguardian.com

Homelessness and human rights – Law Society’s Gazette

Posted May 15th, 2024 in education, families, homelessness, housing, human rights, Islam, local government, news, school children, statutory duty by sally

‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’

Law Society's Gazette, 14th May 2024

Source: www.lawgazette.co.uk

Peers support widening SRA’s fining and investigative powers – Legal Futures

Posted May 15th, 2024 in bills, defamation, disciplinary procedures, fines, law firms, news, professional conduct, select committees, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) needs more powers to prevent misconduct by law firms involved in strategic litigation against public participation (SLAPPs), peers have urged.’

Legal Futures, 15th May 2024

Source: www.legalfutures.co.uk

Banning prayer in school: a lawful interference?- UK Human Rights Blog

Posted May 15th, 2024 in education, human rights, Islam, news, religious discrimination, school children by sally

‘The case of R (TTT) v Michaela Community Schools Trust [2024] EWHC 843 (Admin) in the High Court before Mr Justice Linden concerned a claim brought by a pupil referred to as a TTT (“the Claimant”) against the Michaela Community Schools Trust; (“the School”). The School is a secular secondary free school in the London Borough of Brent, which appeared as an interested party. The School is ethnically and religiously diverse, although over half of the pupils, including the Claimant are Muslims.’

UK Human Rights Blog, 15th May 2024

Source: ukhumanrightsblog.com

The older child and medical treatment decisions – mental capacity or competence? – Mental Capacity Law and Policy

Posted May 15th, 2024 in blood products, children, Christianity, family courts, medical treatment, news, young persons by sally

‘Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J, concerning whether authorisation should be given to provide a 17 year old Jehovah’s Witness with blood products in a planned operation. In analysing the legal framework, Cobb J was taken to the decision of the Court of Appeal in E v Northern Care Alliance NHS Foundation Trust and F v Somerset NHS Foundation Trust [2021] EWCA Civ 1888 (“E and F”). He resisted, however, the submission by the Trust that the decision set out the proposition that there can be a point in cases involving the medical treatment of those under that 18 that “the discretionary powers on the court to intervene convert into a duty on the court to intervene to preserve the young person’s life” (paragraph 33).’

Mental Capacity Law and Policy, 12th May 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Jamie Barrow: Man who murdered family has jail sentence reduced – BBC News

Posted May 15th, 2024 in appeals, arson, fire, imprisonment, murder, news, sentencing by sally

‘A man who killed a mother and her two daughters by setting fire to a flat has had his sentence reduced.’

BBC News, 14th May 2024

Source: www.bbc.co.uk

Diana chauffeur and BBC agree payout over claim Martin Bashir slandered him – The Guardian

Posted May 15th, 2024 in BBC, defamation, media, news, royal family by sally

‘The BBC has agreed to pay “substantial” compensation to Diana, Princess of Wales’s chauffeur to settle a claim he was slandered by the disgraced broadcaster Martin Bashir.’

The Guardian, 14th May 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 14th, 2024 in law reports by sally

Court of Appeal (Criminal Division)

Sesay & Ors v R [2024] EWCA Crim 483 (10 May 2024)

High Court (Administrative Court)

Oculus Ltd v Revenue And Customs & Anor (Rev1) [2024] EWHC 1102 (Admin) (13 May 2024)

Sensor Solutions Ltd, R (On the Application Of) v Commissioners for His Majesty’s Revenue and Customs [2024] EWHC 1119 (Admin) (13 May 2024)

High Court (Chancery Division)

O’Driscoll v Clayton [2024] EWHC 1118 (Ch) (13 May 2024)

Watford Control Instruments Ltd v Brown [2024] EWHC 1125 (Ch) (13 May 2024)

McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] EWHC 1133 (Ch) (13 May 2024)

High Court (King’s Bench Division)

RTP v Hardcrete Ltd [2024] EWHC 1123 (KB) (10 May 2024)

Source: www.bailii.org

UK Child Visa Financial Requirements Explained – EIN Blog

Posted May 14th, 2024 in children, immigration, news, remuneration, visas by sally

‘While we have recently seen significant increases to minimum income and salary requirements in several immigration routes (see our recent blog posts here and here), there is one small exception to the general trend: the Government has scrapped the requirement for Partner visa applicants to show additional funds for their child dependants, with effect from 11 April 2024.’

EIN Blog, 14th May 2024

Source: www.ein.org.uk

JCT DB 2024 – a bit of ‘give and take’ on contractor design liability – OUT-LAW.com

Posted May 14th, 2024 in building law, construction industry, contracts, duty of care, news by sally

‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’

OUT-LAW.com, 14th May 2024

Source: www.pinsentmasons.com

New prison punishments introduced to curb bad behaviour – Ministry of Justice

Posted May 14th, 2024 in community service, disciplinary procedures, news, prisons, punishment by sally

‘Prisoners who break the rules while behind bars face new community payback-style punishments like repair work and litter picking, under tough prison rules to be set out this week.’

Ministry of Justice, 13th May 2024

Source: www.gov.uk

High Court: Sanctioned Russians “probably owned” litigation funder – Legal Futures

Posted May 14th, 2024 in champerty, news, Russia, sanctions by sally

‘There is “reasonable cause to suspect” that the funder of the claimant in a $1.3bn action was controlled by sanctioned Russians, the High Court has ruled.’

Legal Futures, 14th May 2024

Source: www.legalfutures.co.uk

In a high-profile ruling, the High Court has rejected a legal challenge to a school prayer ban. Philip Wood explains why – Local Government Lawyer

Posted May 14th, 2024 in equality, human rights, news, religious discrimination, school children by sally

‘The High Court has dismissed a challenge from a pupil at the Michaela Community School, a secondary school in Wembley, London, who argued that a ban on prayer in the school was a breach of the Equality Act as well as her Human Rights. There was also a related challenge to two suspensions that the pupil had received on the basis that they were not procedurally fair.’

Local Government Lawyer, 10th May 2024

Source: www.localgovernmentlawyer.co.uk

Gypsy and Traveller sites in the Green Belt – Local Government Lawyer

Posted May 14th, 2024 in change of use, housing, news, planning, travellers by sally

‘Roderick Morton examines a recent s288 challenge against the decision of an inspector to refuse permission on appeal for a material change of use of land in the Green Belt for the stationing of caravans for residential occupation.’

Local Government Lawyer, 10th May 2024

Source: www.localgovernmentlawyer.co.uk

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