Court of Appeal: Judges can order parties to engage in ADR – Legal Futures

Posted November 30th, 2023 in dispute resolution, judiciary, news, stay of proceedings by sally

‘Courts can order parties to engage in alternative dispute resolution (ADR), so long as it does not restrict their ability to proceed to a judicial hearing, the Court of Appeal ruled today.’

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Legal Futures, 29th November 2023

Source: www.legalfutures.co.uk

Killamarsh: Women and children still at risk after murders, coroner says – BBC News

Posted November 30th, 2023 in child abuse, coroners, domestic violence, murder, news, probation by sally

‘A coroner has warned “insufficient” checks by the probation service continue to put women and children at risk after a quadruple murder.’

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BBC News, 29th November 2023

Source: www.bbc.co.uk

Boy, 13, who killed his foster carer with her own car sentenced to two years – The Guardian

‘A 13-year-old boy has been sentenced to two years in custody for killing his foster carer with her car outside her Sheffield home earlier this year.’

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The Guardian, 29th November 2023

Source: www.theguardian.com

High Court grants permission for legal challenge over lack of legal aid for school exclusion appeals – Local Government Lawyer

‘The High Court has granted permission for a claimant to challenge the lack of legal aid for appeals before an Independent Review Panel (IRP), the independent body that reviews the lawfulness of permanent exclusions.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Medics quitting jobs over ‘distress caused by rightwing Christian group’ – The Guardian

Posted November 29th, 2023 in appeals, children, Christianity, doctors, families, intimidation, medical treatment, news by sally

‘Medics treating critically ill babies are quitting their jobs owing to “considerable moral distress” caused by a rightwing Christian group behind a series of end-of-life court cases, the Guardian has been told.’

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The Guardian, 27th November 2023

Source: www.theguardian.com

Bringing the Right to Die to the British Isles (Part I): The Isle of Man’s Proposed Assisted Dying Regime – Oxford Human Rights Hub

Posted November 29th, 2023 in assisted suicide, bills, human rights, news by sally

‘On 31 October 2023, a bill that would legalise assisted dying for the first time in the British Isles passed its second reading – but not in Westminster. Rather, it was Tynwald, the legislature of the Isle of Man, which took this step towards the protection of the right to a dignified death, or, depending on one’s view, the erosion of the right to life.’

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Oxford Human Rights Hub, 28th November 2023

Source: ohrh.law.ox.ac.uk

UK’s human-rights watchdog at risk of UN downgrade – The Guardian

‘Britain’s equality watchdog could lose its right to participate at the UN human rights council as a result of complaints about its independence and record on transgender rights.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

David Fuller: NHS failures enabled killer to abuse bodies – report – BBC News

Posted November 29th, 2023 in hospitals, inquiries, murder, negligence, news, sexual offences by sally

‘Mortuary abuser David Fuller was able to offend without being caught because of “serious failings” at the hospitals where he worked, an inquiry has found.’

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BBC News, 28th November 2023

Source: www.bbc.co.uk

Why the ‘bona vacantia’ provisions might encourage a person to put a Will in place – Mills & Reeve

Posted November 29th, 2023 in bona vacantia, chambers articles, news, royal family, wills by sally

‘There are many different reasons why people may not put a will in place. Too busy, too squeamish, thinking their situation is straightforward enough not to need the expense, they don’t have “enough” to matter, or they don’t have any immediate family to benefit so they’re not clear what they want to happen after their deaths.’

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Mills & Reeve, 28th November 2023

Source: www.mills-reeve.com

Landlords of crowded London flat that caught fire plead guilty to criminal charges – The Guardian

‘The landlords of a dangerously overcrowded east London flat that suffered a deadly fire in March have pleaded guilty to a total of nine criminal charges.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

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Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Elf Bar vape adverts banned in UK over ‘greener’ recycling claims – The Guardian

Posted November 29th, 2023 in advertising, complaints, environmental protection, news, ombudsmen, pollution by sally

‘Adverts for the vaping company Elf Bar have been banned after using the slogan “recycling for a greener future” over concern they were misleading because of the environmental damage of discarded vapes.’

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The Guardian, 29th November 2023

Source: www.theguardian.com

Barrister fined after doing Nazi salute in court – BBC News

Posted November 29th, 2023 in barristers, disciplinary procedures, fines, news, professional conduct by sally

‘A practising barrister has been fined after speaking in a German accent and raising his hand in a Nazi salute in court.’

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BBC News, 28th November 2023

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 28th, 2023 in law reports by tracey

High Court (Chancery Division)

Munn & Anor v ETL Holdings (UK) Ltd [2023] EWHC 2998 (Ch) (27 November 2023)

High Court (Commercial Court)

Lakatamia Shipping Company Ltd v Tseng & Anor [2023] EWHC 3023 (Comm) (27 November 2023)

High Court (King’s Bench Division)

Iqbal v GEO TV Ltd [2023] EWHC 3024 (KB) (27 November 2023)

ZSY v AAA [2023] EWHC 2977 (KB) (24 November 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 28th, 2023 in legislation by tracey

SI 2023/1272 – The National Security Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2023

SI 2023/1268 – The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Revised Guidance) Regulations 2023

SI 2023/1267 – The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023

SI 2023/1265 – The Occupational Pensions (Revaluation) Order 2023

SI 2023/1261 – The Adoption Support Agencies (England) (Amendment) Regulations 2023

SI 2023/1258 – The Short Selling (Notification Threshold) Regulations 2023

SI 2023/1264 – The Church of England (Miscellaneous Provisions) Measure 2020 (Commencement No. 3) Order 2023

Source: www.legislation.gov.uk

Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog

Posted November 28th, 2023 in asylum, deportation, mistake, news, reasons, regulations by tracey

‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’

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EIN Blog, 27th November 2023

Source: www.ein.org.uk

Online Safety Act super-complaints process must not overwhelm Ofcom – OUT-LAW.com

Posted November 28th, 2023 in complaints, consultations, internet, news by tracey

‘The UK government must ensure that the way the new “super-complaints” process under the Online Safety Act is configured enables new risks and systemic issues across services to be addressed whilst guarding against the potential for overwhelming the regulator.’

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OUT-LAW.com, 27th November 2023

Source: www.pinsentmasons.com

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer

Posted November 28th, 2023 in adjournment, detention, evidence, mental health, news, tribunals by tracey

‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’

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Local Government Lawyer, 27th November 2023

Source: www.localgovernmentlawyer.co.uk

Equal pay: recent challenges – Local Government Lawyer

Posted November 28th, 2023 in equal pay, local government, news, sex discrimination by tracey

‘When it comes to job evaluation schemes and equal pay claims, where does the risk lie and what can be done to mitigate it? Sarah Lamont and Charlotte Rose explain.’

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Local Government Lawyer, 28th November 2023

Source: www.localgovernmentlawyer.co.uk

“Shamelessness” of SLAPPs has grown “but still no disciplinary action” – Legal Futures

‘The number and “shamelessness” of SLAPPs has grown but there has been no disciplinary action taken against the lawyers responsible for how they are run, a major conference was told yesterday.’

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Legal Futures, 28th November 2023

Source: www.legalfutures.co.uk