Campaigners fail in High Court challenge to fracking permission – Local Government Lawyer

“The High Court has rejected all six grounds argued by a local campaign group in a dispute over fracking in West Sussex.”

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

Jailing women for abortion ‘unlikely to be just’ – BBC News

Posted October 19th, 2023 in abortion, imprisonment, news, sentencing, suspended sentences by sally

‘A senior court has said jailing women for abortion-related crimes was “unlikely” to be a “just outcome” after a mother’s sentence was reduced.’

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BBC News, 18th October 2023

Source: www.bbc.co.uk

Let’s talk menopause – what employers need to know – Mills & Reeve

Posted October 18th, 2023 in employment, equality, menopause, news, sex discrimination, women by sally

‘Because we should, in 2023, all be comfortable talking openly about the menopause. Often seen as a private matter, or “a women’s issue”, menopause is still widely ignored in too many workplaces. It matters.’

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Mills & Reeve, 18th October 2023

Source: www.mills-reeve.com

‘Two Ps’ – navigating two sets of best interests – Mental Capacity Law and Policy

Posted October 18th, 2023 in Court of Protection, local government, married persons, news by sally

‘In HH v Hywel Dda University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed analysis of how the Court of Protection should proceed in a “two P” situation: i.e a situation where two individuals both appear to lack the capacity to make the relevant decisions, and where those decisions are interconnected. In HH’s case, the individuals concerned were husband, AH, and wife, HH. For reasons that are very relevant to the husband and wife, but not relevant for the wider point, both were the subject of separate s.21A MCA 2005 proceedings. The question was whether they could (or should) be either consolidated or heard together by the same judge, a question which regularly arises, but which has not been the subject of a reported case.’

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Mental Capacity Law and Policy, 17th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Conversion therapy: Equality watchdog calls for ban – BBC News

‘Britain’s equality watchdog has called on the government to ban “harmful” conversion-therapy practices.’

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BBC News, 17th October 2023

Source: www.bbc.co.uk

Bar Council: “Hard to fathom” LSB’s criticism of cab-rank rule – Legal Futures

Posted October 18th, 2023 in barristers, Legal Services Board, news by sally

‘The Bar Council has hit back at Legal Services Board (LSB) comments on the cab-rank rule, saying that it is “hard to fathom” why it would be against a rule that supports consumer choice.’

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Legal Futures, 18th October 2023

Source: www.legalfutures.co.uk

Ban on no-fault evictions in England unlikely this year – The Guardian

‘Michael Gove has won a battle with No 10 to push ahead with a ban on no-fault evictions and other reforms, but renters will not get protection until next year.’

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The Guardian, 17th October 2023

Source: www.theguardian.com

Online probate process “taking longer than paper” – Legal Futures

Posted October 18th, 2023 in damages, families, internet, Law Society, news, probate, solicitors by sally

‘A majority of private client lawyers believe the new online probate process is taking longer than the old paper-based system, a survey by the Law Society has found.’

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Legal Futures, 18th October 2023

Source: www.legalfutures.co.uk

Child sex offenders top list for increased sentences – BBC News

Posted October 18th, 2023 in appeals, child abuse, imprisonment, news, sentencing, sexual offences, statistics, victims by sally

‘Twenty-three child sex offenders had their sentences increased in England and Wales last year, new figures show.’

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BBC News, 18th October 2023

Source: www.bbc.co.uk

MoJ ‘put public at risk’ after quietly transferring inmates to open prisons – The Guardian

Posted October 18th, 2023 in domestic violence, early release, Ministry of Justice, news, prisons, victims by sally

‘The Ministry of Justice has been accused of putting the public at risk after quietly transferring locked up offenders to open prisons in a move to ease a critical overcrowding crisis.’

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The Guardian, 17th October 2023

Source: www.theguardian.com

Thousands of prisoners in England and Wales to be released up to 18 days early – The Guardian

‘Thousands of prisoners are to be released up to 18 days early as part of plans drawn up by ministers to ease an overcrowding crisis.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

Immigration Blog: Illegal Migration Act – An Asylum Apocalypse? – Garden Court Chambers

‘On 20 July 2023, the Illegal Migration Act 2023 (“IMA”) received Royal Assent and so passed into law. Whilst the detail of the Act’s provisions are complex, its message is simple: those entering without permission are not welcome in our home, and will not be allowed to remain. Though technically the Act applies to any person who enters the UK without permission, the clear focus of attention has been on asylum seekers.’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

Public Law Newsletter: Sept 23 – Spire Barristers

‘Public Law Newsletter September 2023; covering news from around the web, practice updates and case updates within Court of Protection and Public Law matters.’

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Spire Barristers, 12th September 2023

Source: www.spirebarristers.co.uk

New appointment to the UK Supreme Court – Supreme Court

Posted October 17th, 2023 in judges, judiciary, news, Supreme Court by sally

‘Dame Ingrid Simler, Lady Justice of Appeal, is appointed as a Justice of the Supreme Court to fill the vacancy created by Lord Kitchin’s retirement, it was announced today.’

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Supreme Court, 17th October 2023

Source: www.supremecourt.uk

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Removal of plaque from church for safeguarding reasons – Law & Religion UK

‘“Guidance on Contested Heritage issued by the Church Buildings Council and the Cathedrals Fabric Commission for England [in 2021] emphasizes that it is of particular importance to the Church that its buildings should be welcoming to all, and that any symbols of injustice and sources of pain that they may contain are acknowledged and addressed“.

So noted Hodge Ch. in Re Removal of a Commemorative Plaque for Safeguarding Reasons [2023] ECC Oxf 9[*] in his determination on a petition to remove an unauthorized commemorative plaque from within a church.’

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Law & Religion UK, 17th October 2023

Source: lawandreligionuk.com

Gambling firms to be forced to pay about £100m a year to NHS – The Guardian

Posted October 17th, 2023 in gambling, health, news by sally

‘Gambling companies will be forced to pay about £100m a year to the NHS to fund addiction research, prevention and treatment, as part of government changes that will replace a longstanding system of voluntary contributions.’

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The Guardian, 17th October 2023

Source: www.theguardian.com

Changes To The EU Settlement Scheme: ‘When People’s Vulnerability Is Weaponised’ – Each Other

Posted October 17th, 2023 in brexit, disabled persons, families, immigration, news by sally

‘In October 2019, three years after the Brexit referendum, I received my OISC (Office of the Immigration Services Commissioner) accreditation and began volunteering as an immigration adviser. Only a few months prior, I had been through my own personal experience of the EU Settlement Scheme (EUSS), applying for and being granted settled status.’

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Each Other, 16th October 2023

Source: eachother.org.uk

Israel-Hamas war: what are the laws about protest in England and Wales? – The Guardian

‘Police have made dozens of arrests after protests across the UK against a bombing campaign and expected ground war in Gaza after the murderous attacks by Hamas in Israel.’

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The Guardian, 16th October 2023

Source: www.theguardian.com

Ombudsman gains powers to issue “wider orders” under Social Housing Regulation Act – Local Government Lawyer

Posted October 17th, 2023 in complaints, housing, landlord & tenant, news, ombudsmen by sally

‘The Housing Ombudsman has gained new powers under the Social Housing Regulation Act, allowing it not only to address individual complaints from a landlord, but also extend “fairness and protection” to wider residents.’

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Local Government Lawyer, 16th October 2023

Source: www.localgovernmentlawyer.co.uk