BNE [2023]: Disclosure and the use of child decoy profiles in sexual communication cases – Park Square Barristers

‘The Appellant was charged with attempted sexual communication with a child (count 1) and attempting to incite a child to engage in sexual activity (count 2) after communicating with a decoy profile (‘X’).’

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Park Square Barristers, 31st October 2023

Source: www.parksquarebarristers.co.uk

Vicarious Liability – where are we now? – Gatehouse Chambers

Posted November 21st, 2023 in causation, chambers articles, news, sexual grooming, vicarious liability by sally

‘Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes (WM Morrison Supermarkets PLC v Various Claimants[1], Barclays Bank PLC v Various Claimants and Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB) at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB. It is a reminder that the most difficult hurdle for claimants to overcome in the two stage test of vicarious liability for non-employees is the second part of the test – the close connection.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Transforming Work-Life Balance: The U.K. Flexible Working Bill Achieves Royal Assent – Park Square Barristers

Posted November 21st, 2023 in bills, chambers articles, flexible working, news by sally

‘As of 1st October 2023, there is a seismic shift in the U.K.’s employment landscape. Thanks to the Employment Relations (Flexible Working) Bill receiving Royal Assent, British workers are set to gain even more control over their working conditions, thereby dramatically improving work-life balance.’

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Park Square Barrister, 3rd October 2023

Source: www.parksquarebarristers.co.uk

‘Abhorrent’ bogus taxi driver admits to raping vulnerable women – The Independent

Posted November 21st, 2023 in guilty pleas, news, rape, taxis by sally

‘An “abhorrent” man who posed as a taxi driver to trick vulnerable women into his car has pleaded guilty to four counts of rape over three years.’

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The Independent, 12th November 2023

Source: www.independent.co.uk

Watchdog head ‘does not know’ if UK parliament is safe workspace for women – The Guardian

Posted November 21st, 2023 in bullying, complaints, harassment, news, parliament, standards by sally

‘The head of parliament’s complaints watchdog has said she “does not know” if the Palace of Westminster is a safe workplace for women.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

Youth prisons more violent than adult male jails as assaults soar, inspections chief warns – The Independent

Posted November 21st, 2023 in news, prisons, violence, young offenders by sally

‘Young offenders’ institutions are more violent than adult male prisons and conditions are getting worse, HM Inspector of Prisons has warned, as the number of assaults soars.’

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The Independent, 21st November 2023

Source: www.independent.co.uk

Online Procedure Rule Committee set up as Lord Chancellor and senior judiciary set out vision for future of civil and family courts and tribunals system – Local Government Lawyer

Posted November 21st, 2023 in civil procedure rules, electronic filing, family courts, news by sally

‘The Lord Chancellor and senior judiciary have set out a “shared vision” for the future of the civil and family courts and tribunals system, including the establishment of an Online Procedure Rule Committee (OPRC).’

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Local Government Lawyer, 20th November 2023

Source: www.localgovernmentlawyer.co.uk

Nicola Bulley: Review of police handling of case to be published – BBC News

Posted November 21st, 2023 in conspiracy, firearms, murder, news by sally

‘A review of the police handling of Nicola Bulley’s disappearance is to be published later this morning.’

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BBC News, 21st November 2023

Source: www.bbc.co.uk

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case – Garden Court Chambers

‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’

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Garden Court Chambers, 10th October 2023

Source: www.gardencourtchambers.co.uk

Sentencing non-fatal strangulation and suffocation – R v Cook and recent updates from the Court of Appeal – Park Square Barristers

‘Introduced as part of the Government’s Violence Against Women and Girls Strategy 2021 and enshrined in law by s75A of the Serious Crime Act 2015, the offences of non-fatal suffocation and strangulation are increasingly being charged alongside other more common offences against the person as well as offences such as controlling and coercive behaviour.’

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Park Square Barristers, 10th October 2023

Source: www.parksquarebarristers.co.uk

Defra’s failure to protect and restore water bodies ‘unlawful’, high court rules – The Guardian

‘The government and environment agency failed in their duty to restore and protect waterways from pollution, the high court has ruled in a significant case that could force an overhaul of the government’s plans.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

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UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

‘Employers should recognise the issues’: menstrual conditions in the workplace – The Guardian

Posted November 21st, 2023 in employment, flexible working, health, news, women by sally

‘Workplaces are failing women. Considering endometriosis affects one in 10 women and that is just one menstrual condition – there are many – where is the support, training and acknowledgment in the workplace?’

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The Guardian, 20th November 2023

Source: www.theguardian.com

Couple jailed for life for ‘wicked’ missing body murder – The Independent

Posted November 21st, 2023 in murder, news, preventing lawful & decent burial, sentencing by sally

‘A couple have been jailed for life for murdering a widower whose body was hidden and never to be found in a “wicked” act of deceit.’

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The Independent, 20th November 2023

Source: www.independent.co.uk

Just Stop Oil protesters’ jail terms potentially breach international law, UN expert says – The Guardian

‘Long sentences handed to two Just Stop Oil protesters for scaling the M25 bridge over the Thames are a potential breach of international law and risk silencing public concerns about the environment, a UN expert has said.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 20th, 2023 in legislation by sally

The Nationality and Borders Act 2022 (Commencement No. 8) Regulations 2023

Source: www.legislation.gov.uk

Guidance on Churchyard Regulations after Exhall – Law & Religion UK

Posted November 20th, 2023 in burials and cremation, Church of England, ecclesiastical law, news by sally

‘On 16 June 2021 the Court of Arches handed down its reserved judgment Re St Giles Exhall [2021] EACC 1 on which we posted a Case Note. This appeal was prompted by the decision in Re St Giles, Exhall [2020] ECC Cov 1, where permission was denied for a faculty for a memorial stone to include the words “Inár gcroíthe go deo”: Irish Gaelic for “in our hearts forever”. In its judgment, the Arches Court considered the factors that Chancellors should take into account and apply in relation to schemes of delegation (a.k.a. “Churchyard Regulations”), and when determining faculty petitions concerning inscriptions in languages other than English.’

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Law & Religion UK, 20th November 2023

Source: lawandreligionuk.com

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

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Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

Draft reforms to UK holiday pay rules leave room for future changes – OUT-LAW.com

‘The UK government’s response to two post-Brexit consultations on reforming holiday pay leaves the door open for more reforms in the future, according to two legal experts.’

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OUT-LAW.com, 17th November 2023

Source: www.pinsentmasons.com

Generative AI could make contract negotiation “worse” – Legal Futures

Posted November 20th, 2023 in artificial intelligence, contracts, news by sally

‘Generative artificial intelligence (AI) could make commercial contract negotiations “worse”, the founder of contracting specialists Radiant Law has argued.’

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Legal Futures, 20th November 2023

Source: www.legalfutures.co.uk