Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases – EIN Blog

‘In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant’s appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal.’

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EIN Blog, 15th October 2021

Source: www.ein.org.uk

Michael Foran: Parliamentary Sovereignty and the Politics of Law-making – UK Constitutional Law Association

‘Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal terms: it is a legal principle with legal effect, speaking to other legal entities within our constitutional order regarding how they are to exercise their legal functions in light of legislation passed by Parliament. In essence, it is a doctrine of legislative supremacy which honours Parliament’s constitutional role by according its enactments their due authority. On this view, no discernible distinction exists between parliamentary sovereignty and Parliament’s law-making powers because sovereignty describes the scope and weight of those very powers.’

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UK Constitutional Law Association, 18th October 2021

Source: ukconstitutionallaw.org

Landlord ordered to pay more than £33k in fines and costs over failure to license property – Local Government Lawyer

Posted October 18th, 2021 in fines, housing, landlord & tenant, licensing, local government, news by tracey

‘Merton Council has successfully prosecuted a landlord and his associated property agency for letting unsafe properties and operating in an unlicensed manner.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

Legal regulators slammed for “lacking expertise” on comparison data – Legal Futures

‘Lawyer data already in the public domain cannot easily be adapted to help consumers choose a lawyer, mainly due to failings by legal regulators, according to research.’

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Legal Futures, 18th October 2021

Source: www.legalfutures.co.uk

BSB promises to tackle ‘ageing’ bar – Law Society’s Gazette

Posted October 18th, 2021 in barristers, diversity, news, pupillage, statistics by tracey

‘The Bar Standards Board has warned that there could be “real challenges” ahead if the average age of barristers continues to rise, following a study which found that 40% of barristers are now over 50 years old.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk

CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk

Concern police will be able to ‘strong-arm’ NHS to hand over patient data under new plans – The Independent

‘Police forces will be able to “strong-arm” NHS bodies into handing over confidential patient data under planned laws that have sparked fury from doctors’ groups and the UK’s medical watchdog.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Man shot by police was unlawfully killed, inquest finds – The Independent

‘A man who was shot dead by police while carrying an axe through the centre of Hull was unlawfully killed, an inquest jury has ruled.’

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The Independent, 16th October 2021

Source: www.independent.co.uk

Last-minute legal claims brought by deportees due to ‘shambolic’ advice system in detention, lawyers warn – The Independent

‘Last-minute legal claims are being brought by people facing deportation due to the “shambolic” legal advice system in removal centres, lawyers have warned.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts – The Independent

‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Thousands of potential trafficking victims held in immigration centres, data shows – The Guardian

‘More than 4,500 people have been held in immigration detention in England and Wales before being released into the community and only then identified as potential victims of trafficking, official figures for the past five years show.
Charities claim the figures demonstrate a “detain first, ask later” attitude that runs counter to the fight against modern slavery and suggest others are probably being deported without having been referred for support. They fear the situation will be exacerbated by the nationality and borders bill, which they say makes it harder to identify victims.’

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The Guardian, 18th October 2021

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted October 15th, 2021 in legislation by tracey

SI 2021/1148 – The Competition Act 1998 (Football Broadcasting Rights) (Public Policy Exclusion) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 15th, 2021 in law reports by tracey

Supreme Court

Anwar v The Advocate General for Scotland (Scotland) [2021] UKSC 44 (13 October 2021)

Court of Appeal (Civil Division)

X & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 1480 (14 October 2021)

Salvato, R (On the Application Of) v The Secretary of State for Work And Pensions [2021] EWCA Civ 1482 (13 October 2021)

Court of Appeal (Criminal Division)

Paddon, R. v [2021] EWCA Crim 1485 (14 October 2021)

T, R. v [2021] EWCA Crim 1474 (14 October 2021)

R v STC Limited and others [2021] EWCA Crim 1237 (13 October 2021)

R v Jack Halliwell [2021] EWCA Crim 1189 (13 October 2021)

R v Adam Waring [2021] EWCA Crim 1369 (13 October 2021)

High Court (Administrative Court)

Astral De La Mare v Secretary of State for Housing, Communities and Local Government & Anor [2021] EWHC 2724 (Admin) (13 October 2021)

Litwinczuk & Ors v Regional Court, Zamosc, Poland & Ors [2021] EWHC 2735 (Admin) (13 October 2021)

Arowojolu v General Medical Council [2021] EWHC 2725 (Admin) (13 October 2021)

High Court (Chancery Division)

Bass & Ors v Buchanan [2021] EWHC 2740 (Ch) (14 October 2021)

Scuderia Prestige Automobile Ltd v Malik [2021] EWHC 2744 (Ch) (14 October 2021)

High Court (Family Division)

L (Return Order), Re [2021] EWHC 2737 (Fam) (13 October 2021)

High Court (Patents Court)

Nokia Technologies OY v Oneplus Technology (Shenzhen) Co., Ltd & Ors [2021] EWHC 2746 (Pat) (13 October 2021)

High Court (Queen’s Bench Division)

Castello v Gonschior [2021] EWHC 2742 (QB) (14 October 2021)

Ovu v London Underground Ltd (duty of care) [2021] EWHC 2733 (QB) (13 October 2021)

Source: www.bailii.org

Recovering commercial rent during the pandemic – Local Government Lawyer

Posted October 15th, 2021 in coronavirus, debts, landlord & tenant, leases, local government, news, rent, set-off by tracey

‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

Parental responsibility: a short guide for local authority SEND teams – Local Government Lawyer

‘Grace-Mary Sweeney of LASEN explores the concept of parental responsibility, how it interacts with education law, and some practical implications for Local Authority SEND Teams.’

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Local Government Lawyer, 15th October 2021

Source: www.localgovernmentlawyer.co.uk

Bar students need more pupillage data to avoid “buyer’s remorse” – Legal Futures

Posted October 15th, 2021 in barristers, computer programs, legal education, news, pupillage by tracey

‘Bar students should be given detailed information from chambers about their pupillage criteria to avoid suffering from “buyer’s remorse” when they realise how difficult it is to succeed, a barrister and former Bar course teacher has argued.’

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Legal Futures, 15th October 2021

Source: www.legalfutures.co.uk

Yacht skipper jailed following Border Force sea interception – Home Office

Posted October 15th, 2021 in immigration, imprisonment, news, sentencing, trafficking in human beings by tracey

‘A Dutch national who was caught in the process of sneaking 9 Albanian nationals into the UK in a sailing vessel has been jailed.’

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Home Office, 13th October 2021

Source: www.gov.uk

Research Briefing: Financial support for family and friends carers (kinship carers) – House of Commons Library

Posted October 15th, 2021 in carers, families, fostering, local government, news, parliament, remuneration by tracey

‘This House of Commons Library briefing paper considers what help is available for grandparents and other family and friends carers (also known as kinship carers) looking after children where their parents are not in a position to do so.’

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House of Commons Library , 7th October 2021

Source: commonslibrary.parliament.uk

Language Matters: time to reframe our national vocabulary for family breakdown – Family Law

Posted October 15th, 2021 in children, divorce, families, family courts, news by tracey

‘As a society we have made huge progress, for example, in removing gender-biased and racist language from everyday speech. We do this because we recognise that using biased language can reinforce biased thinking. But there remain areas in which the power of language to influence thought and behaviour has not yet been properly appreciated. This article concerns the use of the language of aggression and conflict in the context of family breakdown and argues that it is time for change.’

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Family Law, 14th October 2021

Source: www.familylaw.co.uk

MPs prepare to debate judicial review reforms – Law Society’s Gazette

Posted October 15th, 2021 in bills, consultations, judicial review, Ministry of Justice, news, parliament by tracey

‘MPs will soon have their first opportunity to debate the government’s controversial judicial review reforms. The Judicial Review and Courts Bill has its second reading in the House of Commons on Monday.’

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Law Society's Gazette, 14th October 2021

Source: www.lawgazette.co.uk