Court of Protection case update: January 2024 – Local Government Lawyer

Posted January 15th, 2024 in Court of Protection, local government, news by sally

‘Lauren Gardner and Eleanor Suthern round up the latest Court of Protection cases of interest to practitioners.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal moves to reaffirm “wide and flexible powers” of family court in care case – Local Government Lawyer

‘The Court of Appeal has allowed a Guardian’s appeal against a family judge’s conclusion that she did not have jurisdiction to grant an injunction.’

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Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

Chief Coroner’s Report: The coroner service 10 years post-reform – Courts and Tribunals Judiciary

Posted January 15th, 2024 in budgets, coroners, HM Courts Service, inquests, judges, local government, news by sally

‘The Chief Coroner has published a report reflecting on the impact of the reforms to the coroner service that came into effect 10 years ago, the current state of the service and its challenges for the future.’

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Courts and Tribunals Judiciary, 11th January 2024

Source: www.judiciary.uk

BSB launches a public consultation on amending the definition of academic legal training – Bar Standards Board

Posted January 15th, 2024 in barristers, consultations, education, legal education, news by sally

‘The BSB has launched a three-month public consultation to seek views on our proposed approach to revising the definition of academic legal training and to dealing with consequential waivers and exemptions.’

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Bar Standards Board, 9th January 2024

Source: www.barstandardsboard.org.uk

Chief coroner calls for new bout of modernisation – Law Society’s Gazette

Posted January 15th, 2024 in budgets, coroners, HM Courts Service, inquests, judges, local government, news by sally

‘The chief coroner has called for another overhaul of a service that has become a postcode lottery following deep cuts to local authority funding.’

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Law Society's Gazette, 11th January 2024

Source: www.lawgazette.co.uk

‘Significant step forward’ as Hague Convention signed – Law Society’s Gazette

‘The UK’s appeal to businesses as a centre for dispute resolution will be boosted by the signing of the 2019 Hague Convention on private international law, the government said today. The treaty, signed in the Netherlands by justice minister Lord Bellamy this week, creates international framework of rules for recognition and enforcement of judgments in cross-border civil disputes.’

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Law Society's Gazette, 12th January 2024

Source: www.lawgazette.co.uk

‘Dangerous path to go down’: four legal experts on the Post Office exoneration bill – The Guardian

‘The government’s decision to pass a law overturning the convictions of post office operators has left many lawyers and judges uneasy.’

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The Guardian, 11th January 2024

Source: www.theguardian.com

Kent charity fined over escape of ‘ladies’ man’ emu – BBC News

Posted January 15th, 2024 in animals, charities, community protection notices, fines, local government, news by sally

‘An animal charity has been given a £100 fine after a “ladies’ man” emu escaped.’

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BBC News, 13th January 2024

Source: www.bbc.co.uk

Derby City Council to pay compensation over SEND student delays – BBC News

‘Derby City Council has been ordered to pay thousands in compensation after it took too long to arrange alternative education for a special needs student.’

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BBC News, 14th January 2024

Source: www.bbc.co.uk

Serial killer obsessed fake policeman who planned mass shooting jailed for life – The Independent

‘A Lidl worker who dressed as a fake policeman with a plan to attack police headquarters, who plotted to shoot former teachers and ex-schoolmates, has been jailed for life.’

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The Independent, 13th January 2024

Source: www.independent.co.uk

Police ‘left children at mercy of grooming gang paedophiles’ in Rochdale – The Independent

‘Girls were “left at the mercy” of paedophile grooming gangs for years in Rochdale because of failings by senior police and council bosses, a report has said.
The damning 173-page review covers 2004 to 2013 and sets out multiple failed investigations by Greater Manchester Police (GMP) and apparent local authority indifference to the plight of hundreds of youngsters, mainly white girls from poor backgrounds, all identified as potential victims of abuse in Rochdale by Asian men.’

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The Independent, 15th January 2024

Source: www.independent.co.uk

Union reports MoD to watchdog over handling of sexual abuse allegations – The Guardian

‘The Ministry of Defence has been reported to the equalities watchdog after claims from female civil servants that it has failed adequately to address allegations of sexual harassment and assault. The union Prospect wrote to the Equality and Human Rights Commission (EHRC) asking for an investigation into whether the MoD was failing in its public sector equalities duty in relation to discrimination, harassment and victimisation. The EHRC will now have to decide whether to take action.’

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The Guardian, 14th January 2024

Source: www.theguardian.com

Asylum accommodation to be excluded from social housing landlords crackdown – The Guardian

‘Accommodation used to house tens of thousands of asylum seekers, often the worst in the UK when it comes to damp and mould, will be excluded from a crackdown on landlords managing social housing, the Guardian has learned.’

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The Guardian, 15th January 2024

Source: www.theguardian.com

Women harmed after Wiltshire police failed to disclose partners’ violent pasts – The Guardian

‘At least two women were harmed after a “catastrophic” failure in the way a police force dealt with applications under Clare’s law, which gives people the right to ask whether a partner has a violent past, it has emerged.’

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The Guardian, 11th January 2024

Source: www.theguardian.com

The Use and Misuse of the Rubric in the Family Courts – Financial Remedies Journal

Posted January 12th, 2024 in anonymity, children, families, family courts, judgments, news, reporting restrictions by sally

‘In a familiar line of cases of which the first was BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, paras [100]–[114], and the last In re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam), [2023] 4 WLR 48, paras [49]–[62], and Augousti v Matharu [2023] EWHC 1900 (Fam), paras [68]–[93], Mostyn J has explosively ignited a most necessary debate about the anonymisation of judgments in financial remedy cases. Part of his compelling analysis – which, so far as I am aware, no-one has yet succeeded in challenging successfully – relates to the use, or as he would have it, the inveterate misuse of the rubric attached to judgments in such cases.’

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Financial Remedies Journal, 8th January 2024

Source: financialremediesjournal.com

SRA issues first fixed penalty fine for compliance officer rule breach – Legal Futures

‘A law firm in the North-East has become the first to receive a fixed penalty fine for not updating the Solicitors Regulation Authority (SRA) on information about a compliance officer.’

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Legal Futures, 12th January 2024

Source: www.legalfutures.co.uk

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

HelloFresh fined over millions of spam texts and emails – BBC News

Posted January 12th, 2024 in advertising, complaints, electronic mail, fines, news, ombudsmen, telecommunications by sally

‘Food delivery company HelloFresh has been fined for sending millions of spam emails and texts to customers.’

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BBC News, 11th January 2024

Source: www.bbc.co.uk

Update law on computer evidence to avoid Horizon repeat, ministers urged – The Guardian

‘Ministers need to “immediately” update the law to acknowledge that computers are fallible or risk a repeat of the Horizon scandal, legal experts say.’

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The Guardian, 12th January 2024

Source: www.theguardian.com

Delays at Probate Service starting to ease, says minister – Legal Futures

Posted January 12th, 2024 in delay, government departments, HM Courts Service, news, probate, statistics by sally

‘Delays at the Probate Service are shortening in the wake of a “distinct improvement in recruitment, competency, productivity and call handling”, the government said this week.’

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Legal Futures, 12th January 2024

Source: www.legalfutures.co.uk