Current Awareness

‘A fundamental shake-up of the justice system that takes dangerous offenders off the streets for longer while rehabilitating lower risk offenders has been outlined today by Lord Chancellor Alex Chalk.’

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Ministry of Justice, 16th October 2023

Source: www.gov.uk

Court of Protection case law update – Local Government Lawyer

Posted October 20th, 2023 in autism, Court of Protection, hospitals, local government, medical treatment, news by sally

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

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

Is refusal of food indicative of lack of capacity? – Local Government Lawyer

Posted October 20th, 2023 in Court of Protection, food, hospitals, imprisonment, local government, mental health, murder, news, prisons, suicide by sally

‘Ella Pudney discusses a recent Court of Protection case on the determination of capacity for the refusal of food in prison.’

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Local Government Lawyer, 20th October 2023

Source: www.localgovernmentlawyer.co.uk

London borough successfully prosecutes building owner over delays in removing dangerous cladding – Local Government Lawyer

Posted October 20th, 2023 in building law, delay, fire, health & safety, housing, landlord & tenant, local government, London, news by sally

‘Newham is understood to have become the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding.’

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Local Government Lawyer, 19th October 2023

Source: www.localgovernmentlawyer.co.uk

“Great deal of work” still needed on barrister apprenticeships – Legal Futures

Posted October 20th, 2023 in barristers, news by sally

‘There is still a “great deal of work” to be done to ensure that barrister apprenticeships are ready for launch, the Bar Standards Board (BSB) has warned, even though it is set to move closer today.’

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Legal Futures, 20th October 2023

Source: www.legalfutures.co.uk

Review into 50-year-old laws on social care for disabled children – Law Commission

Posted October 20th, 2023 in children, disabled persons, Law Commission, learning difficulties, news, social services, special educational needs, statute law revision by sally

‘Law Commission aims to simplify and strengthen the law, allowing children with disabilities to access the support they need. The review will ensure the law is fair, modern and accessible, works for parents, care givers and local authorities.’

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Law Commission, 17th October 2023

Source: www.lawcom.gov.uk

Nitrous oxide to be illegal from November – Home Office

Posted October 20th, 2023 in criminal justice, drug abuse, drug offences, government departments, imprisonment, news by sally

‘Possession of nitrous oxide, also known as “laughing gas”, will be illegal from 8 November 2023.’

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Home Office, 18th October 2023

Source: www.gov.uk

Courts increase sentences for child sex offenders – Attorney General’s Office

Posted October 20th, 2023 in appeals, attorney general, child abuse, criminal justice, grievous bodily harm, imprisonment, news, rape, sentencing, sexual offences, statistics by sally

‘Figures released as part the Unduly Lenient Sentence (ULS) scheme annual statistics for 2022 show there were 23 child sex offence sentence increases. This was followed by 10 sentences increased for rape offences and 7 for cases involving grievous bodily harm.’

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Attorney General's Office, 17th October 2023

Source: www.gov.uk

Sutton-in-Craven: Drug driver jailed for killing boy, 9, in hit-and-run crash – BBC News

Posted October 20th, 2023 in causing death of children or vulnerable adults, children, dangerous driving, drug abuse, homicide, imprisonment, news, sentencing by sally

‘A van driver who smoked crack cocaine before crashing into a nine-year-old boy and killing him has been jailed.’

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BBC News, 19th October 2023

Source: www.bbc.co.uk

Army members allowed to give evidence to living standards inquiry – BBC News

Posted October 20th, 2023 in armed forces, evidence, government departments, housing, inquiries, news by sally

‘Members of the armed forces will be permitted to give evidence to MPs about the standard of their living quarters in a partial government climbdown.’

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BBC News, 16th October 2023

Source: www.bbc.co.uk

Lucy Letby inquiry to consider hospital and NHS culture – The Guardian

Posted October 20th, 2023 in birth, children, families, hospitals, inquiries, murder, news, nurses by sally

‘The inquiry into how Lucy Letby was able to murder seven babies will look into the direct experiences of parents, the conduct of other staff at the Countess of Chester hospital and the wider effectiveness of NHS governance, the Department of Health has said. Announcing the formal terms of reference for the inquiry, the government listed 30 questions to be considered within the three broad categories, including whether there were proper whistleblowing procedures and whether the NHS trust was “sufficiently candid” with parents.’

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The Guardian, 19th October 2023

Source: www.theguardian.com

Sunak to push ahead with delayed ban on gay and trans conversion practices – The Guardian

Posted October 20th, 2023 in bills, children, equality, gender, government departments, homosexuality, human rights, news, sexual orientation discrimination, transgender persons by sally

‘Rishi Sunak will push ahead with long-delayed plans to ban gay and trans conversion practices after Conservative whips warned MPs could rebel if they failed to do so.’

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The Guardian, 19th October 2023

Source: www.theguardian.com

River Wye: Judicial review granted over agricultural pollution – BBC News

Posted October 20th, 2023 in agriculture, environmental health, environmental protection, government departments, judicial review, news, pollution, waste, water by sally

‘A judge has granted a judicial review into the way the Environment Agency (EA) in England enforces agricultural pollution laws.’

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BBC News, 20th October 2023

Source: www.bbc.co.uk

Research Briefing: Reuse of graves – House of Commons Library

Posted October 20th, 2023 in burials and cremation, Law Commission, news, parliament, Scotland by sally

‘This briefing paper considers reuse of graves as a means of addressing the problem of the shortage of available space for burial.’

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House of Commons Library, 16th October 2023

Source: commonslibrary.parliament.uk

EAT consider when a TUPE transfer takes place in a ‘series of transactions’ case and find that (i) it does not necessarily take place at the end of the series and (ii) the tribunal can take into account matters which occur outside the UK – 3PB

Posted October 19th, 2023 in chambers articles, employment tribunals, foreign jurisdictions, news, transfer of undertakings by sally

‘In a judgment handed down by Mr Justice Kerr this week in a case in which I represented the Appellant, the EAT found that in a “series of transactions” case under Regulation 3(6) TUPE, the transfer did not necessarily take place at the end of the series, and that the tribunal should not focus merely on transactions which occurred within the UK.’

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3PB, 1st September 2023

Source: www.3pb.co.uk

A new intermediate track– All change for the civil procedure rules – Becket Chambers

Posted October 19th, 2023 in case management, chambers articles, civil procedure rules, costs, news by sally

‘You can never have too many tracks, said no one ever. Apart from Sir Rupert Jackson who recommended that the small, fast and multi-track should be (and is from the 1st of October 2023), augmented to include a new intermediate track.’

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Becket Chambers, 29th September 2023

Source: becket-chambers.co.uk

Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

Posted October 19th, 2023 in appeals, chambers articles, doctors, medical treatment, news, professional conduct, Supreme Court by sally

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

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Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

Applicability of Section 33 Limitation Act 1980 to claims brought pursuant to the Fatal Accidents Act 1976 – Old Square Chambers

Posted October 19th, 2023 in cancer, chambers articles, limitations, news, personal injuries by sally

‘In the case of Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Master Cook considered the limitation period as a preliminary issue. In doing so, Master Cook considered whether a claimant could utilise Section 33 of the Limitation Act in Fatal Accident Act claims where limitation expired prior to the deceased’s death.’

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Old Square Chambers, 25th September 2023

Source: oldsquare.co.uk

When Icarus didn’t fly (again) – a tale of disclosure disaster – Drystone Chambers

Posted October 19th, 2023 in chambers articles, conspiracy, disclosure, fraud, local government, news by sally

‘One local authority learned last week of the dangers inherent in disclosure failures. Five members of Drystone Chambers successfully defended, four as leading juniors.’

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Drystone Chambers, 12th September 2023

Source: www.drystone.com

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