First Remediation Order under Building Safety Act – Mills & Reeve

Posted September 27th, 2023 in building law, chambers articles, fire, health & safety, housing, landlord & tenant, leases, news by sally

‘A group of leaseholders of two blocks of flats successfully applied for a Remediation Order against the freeholder in respect of defective external cladding and other fire safety issues. The decision by the First-tier Tribunal Property Chamber (Residential Property) in Sarah White & Karin Ida Christina Martensson & Other leaseholders v Kedai Limited (freeholder) LON/00AY/HYI/2022/0005 & 0016 is the first Remediation Order made under section 123 of the Building Safety Act 2022 (BSA).’

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Mills & Reeve, 26th September 2023

Source: www.mills-reeve.com

Trudi Warner reveals the dark secret of English courts: juries do have the right to follow their consciences – The Guardian

Posted September 27th, 2023 in climate change, criminal justice, demonstrations, freedom of expression, juries, news by sally

‘The solicitor general taking action against a climate protester who held up a sign outside court raises a vital issue for criminal justice.’

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The Guardian, 27th September 2023

Source: www.theguardian.com

Councils ‘wasting millions’ on special educational needs legal disputes – The Independent

Posted September 27th, 2023 in children, disabled persons, education, learning difficulties, local government, news, school children, special educational needs, statistics, tribunals by sally

‘Councils in England have been accused of “wasting” millions of pounds in court disputes with parents and carers over disability and educational support for their children.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Jail for Leeds man who slashed and strangled horses – BBC News

Posted September 27th, 2023 in animal cruelty, animals, DNA, forensic science, imprisonment, news, sentencing by sally

‘A man who slashed three horses with a knife and tried to strangle another has been jailed.’

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BBC News, 26th September 2023

Source: www.bbc.co.uk

UK ban on American XL bully dogs boosts demand for muzzles – The Guardian

Posted September 27th, 2023 in animals, dogs, news by sally

‘Demand for muzzles and training classes for American XL bully dogs has soared since Rishi Sunak announced the breed would be banned by the end of the year.’

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The Guardian, 26th September 2023

Source: www.theguardian.com

Sex offender avoids jail for driving car into Downing Street gates – The Guardian

Posted September 27th, 2023 in child abuse, government departments, indecent photographs of children, news, rehabilitation, sentencing, sexual offences, terrorism by sally

‘A sex offender has avoided jail after driving his car into the gates of Downing Street in what a judge described as an “attack on democracy”.’

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The Guardian, 26th September 2023

Source: www.theguardian.com

Watchdog updates technical guidance for schools regarding pupils with protected characteristics – Local Government Lawyer

Posted September 27th, 2023 in codes of practice, education, equality, Equality and Human Rights Commission, local government, news, ombudsmen, school children by sally

‘The Equality and Human Rights Commission (EHRC) has updated its technical guidance for schools in England and Scotland, outlining the obligations the Equality Act places upon schools regarding pupils with protected characteristics and the provision of their education.’

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Local Government Lawyer, 26th September 2023

Source: www.localgovernmentlawyer.co.uk

Aimi McCaffery: Driver who fell asleep jailed for killing mum-of-two – BBC News

Posted September 27th, 2023 in dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A driver who killed a mother-of-two when he fell asleep at the wheel has been jailed for three and a half years.’

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BBC News, 26th September 2023

Source: www.bbc.co.uk

Data breaches putting domestic abuse victims’ lives at risk, says UK watchdog – The Guardian

Posted September 27th, 2023 in data protection, disclosure, domestic violence, hospitals, local government, news, ombudsmen, police, victims by sally

‘Councils, police forces and hospitals are putting women’s lives at risk by accidentally disclosing domestic abuse victims’ addresses to perpetrators, the UK’s information watchdog has said.’

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The Guardian, 27th September 2023

Source: www.theguardian.com

Nottingham NHS maternity care review calls on families to come forward – The Independent

Posted September 27th, 2023 in birth, children, families, hospitals, midwives, news, pregnancy by sally

‘The head of the independent review of maternity care in Nottingham has called on families who feel they may have been affected to come forward, as hundreds are set to receive letters inviting them to share their experiences.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Suella Braverman asks if UN refugee rules are fit for modern age – BBC News

Posted September 26th, 2023 in asylum, government departments, news, refugees, sex discrimination, sexual orientation discrimination, treaties by sally

‘Politicians need to question if the UN’s 1951 Refugee Convention is “fit for our modern age”, Suella Braverman is expected to say in a speech.’

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BBC News, 26th September 2023

Source: www.bbc.co.uk

Privy Council provides update on setting aside judgments and settlements for fraud – OUT-LAW.com

Posted September 26th, 2023 in evidence, fraud, Jamaica, judgments, news, Privy Council, setting aside by sally

‘A Privy Council ruling in a case originating in Jamaica has sought to clarify what constitutes “new” evidence for claimants seeking to set aside a judgment or settlement based on fraud.’

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OUT-LAW.com, 25th September 2023

Source: www.pinsentmasons.com

Evidence “does not back up” insurer claims of ‘hiplash’ and ‘wristlash’ – Legal Futures

Posted September 26th, 2023 in accidents, compensation, insurance, news, personal injuries, road traffic by sally

‘Insurer assertions that the number of mixed injury cases has risen dramatically since the launch of the Official Injury Claim (OIC) portal are not borne out by the evidence, it was argued last week.’

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Legal Futures, 25th September 2023

Source: www.legalfutures.co.uk

Man jailed after stabbing ‘caring’ neighbour to death in violent row – The Independent

Posted September 26th, 2023 in murder, news, offensive weapons, sentencing by sally

‘A man has been jailed for killing his “caring” neighbour in a violent row last year.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Brain stem death, an explainer of the law in England & Wales, and a question of consent – Mental Capacity Law and Policy

Posted September 26th, 2023 in children, codes of practice, consent, medical treatment, news by sally

‘The case of Andy Casey sheds light again on the difficult question of diagnosing death by neurological criteria (“DNC”), and the wider question of what, in fact, it means to be dead. For those who want to know more about it, this explainer by my colleagues Victoria Butler-Cole KC and Ben Tankel is helpful; my review of the recent book on the medico-legal development of neurological death in the UK by Dr Kartina Choong may also be helpful. And some may want to see the 2008 Code of Practice for the Diagnosis and Confirmation of Death by the Academy of Medical Royal Colleges, as well as the 2015 RCPCH Code relating to those under 2 months old (both currently under review).’

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Mental Capacity Law and Policy, 25th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

Former police constable admits to five sexual assaults on night out – The Independent

Posted September 26th, 2023 in assault, guilty pleas, news, police, sexual offences by sally

‘A former police officer has admitted to multiple sexual assaults on a night out.’

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The Independent, 25th September 2023

Source: www.independent.co.uk

Lucy Letby to face retrial on charge of trying to murder baby girl, court told – The Guardian

Posted September 26th, 2023 in attempted murder, birth, children, news, nurses, retrials by sally

‘Lucy Letby will face a retrial on a charge of attempting to murder a newborn baby girl, a court has been told.’

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The Guardian, 25th September 2023

Source: www.theguardian.com

The state of prisons in England and Wales – in numbers – The Guardian

Posted September 26th, 2023 in budgets, death in custody, news, prisons, statistics by sally

‘A prisoner escape, widespread overcrowding and the refusal of a German court to extradite a man to the UK because of concerns about jail conditions in Britain have all put the focus back on the creaking prison system.’

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The Guardian, 26th September 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 25th, 2023 in legislation by sally

SI 2023/1036 – The Coroners and Justice Act 2009 (Commencement No. 21) Order 2023

SI 2023/1035 – The Health and Care Act 2022 (Commencement No. 7) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 25th, 2023 in law reports by sally

Court of Appeal (Civil Division)

Cazalet v Abu-Zalaf [2023] EWCA Civ 1065 (22 September 2023)

High Court (Administrative Court)

Dawes, R (On the Application Of) v Secretary of State for the Transport Department [2023] EWHC 2352 (Admin) (22 September 2023)

Royal Surrey NHS Foundation Trust, R (On the Application Of) v Commissioners for His Majesty’s Revenue and Customs [2023] EWHC 2354 (Admin) (22 September 2023)

High Court (Chancery Division)

Amathus Drinks PLC & Ors v EAGK LLP & Anor [2023] EWHC 2312 (Ch) (22 September 2023)

High Court (King’s Bench Division)

Nash v Volskwagen Financial Services (UK) Ltd [2023] EWHC 2326 (KB) (21 September 2023)

Source: www.bailii.org