Court of Protection judge hands down ruling on capacity amid “some unhelpful differences of approach to the diagnosis of Learning Disability amongst healthcare professionals” –

‘A Court of Protection judge has determined that a man lacks capacity to make decisions about where he lives, his care, and his use of the internet and social media.’

Full Story

Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

Product safety laws to be changed to better protect online shoppers – The Guardian

‘The UK’s product safety regime is to be overhauled to provide better protection for the public and make it “fit for the digital age”, ministers have announced.’

Full Story

The Guardian, 2nd August 2023

Source: www.theguardian.com

Tony Di Bart: The Real Thing singer sentenced for hitting PC – BBC News

‘A chart-topping singer has been handed a community order for hitting a police officer while drunk.’

Full Story

BBC News, 1st August 2023

Source: www.bbc.co.uk

Court of Appeal: ongoing judicial review can be ‘reasonable excuse’ for late tax payment – OUT-LAW.com

Posted August 2nd, 2023 in appeals, delay, HM Revenue & Customs, judicial review, news, tax avoidance, taxation by sally

‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’

Full Story

OUT-LAW, 1st August 2023

Source: www.pinsentmasons.com

Court delays leave tens of thousands of children in limbo after parents split – The Guardian

‘Tens of thousands of children in England and Wales have been left in limbo by delays in the family court that have meant many waiting over a year for their future to be resolved.’

Full Story

The Guardian, 1st August 2023

Source: www.theguardian.com

David Lloyd Leisure fined £2.5m over death of three-year-old boy in Leeds – The Guardian

‘One of Britain’s biggest gym and leisure chains has been fined more than £2.5m after a three-year-old boy drowned in one of its swimming pools.’

Full Story

The Guardian, 1st August 2023

Source: www.theguardian.com

The New Flexible Working Act 2023 – Old Square Chambers

Posted August 1st, 2023 in chambers articles, flexible working, legislation, news by sally

‘Rebecca Tuck KC, Eleena Misra KC and Nadia Motraghi KC (with a contribution from Ijeoma Omambala KC) discuss the new Flexible Working Act 2023 and where we are now?’

Full Story

Old Square Chambers, 19th July 2023

Source: oldsquare.co.uk

Public Law Newsletter – Spire Barristers

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

Full Story

Spire Barristers, 27th July 2023

Source: www.spirebarristers.co.uk

Bilal and Malik v St George’s University Hospital NHS Trust [2023] EWCA Civ 605 – 3PB

Posted August 1st, 2023 in causation, hospitals, negligence, news, personal injuries by sally

‘Sidra Bilal, Hassaan Aziz Malik (Administrators on behalf of the estate of Mukhtar Malik, deceased) v St George’s University Hospital NHS Foundation Trust, [2023] EWCA Civ 605 provides an interesting insight into the post-Montgomery landscape. It provides further clarification on informed consent as well as reminding practitioners of the importance of tightly crafted pleadings in clinical negligence claims.’

Full Story

3PB, 12th July 2023

Source: www.3pb.co.uk

Shah v Pensions Regulator: UT confirms Contribution Notice – Pensions Barrister

‘On Friday 28 July, the Upper Tribunal (Tax and Chancery Chamber) published its decision in Shah v The Pensions Regulator [2023] UKUT 00183 (TCC), in which it upheld the issue by tPR’s Determinations Panel of a contribution notice under s.38 of the Pensions Act 2004.’

Full Story

Pensions Barrister, 31st July 2023

Source: www.pensionsbarrister.com

9 Different Types of Harassment – St Pauls Chambers

Posted August 1st, 2023 in chambers articles, harassment, news, sentencing, sexual offences, stalking by sally

‘Harassment is a criminal offence and a civil wrong, which means it can be resolved in the criminal or civil courts/employment tribunal. It is a serious offence that can have a lasting impact on those who experience it. Many of these types of harassment overlap – for example, sexual harassment might come in the form of verbal or physical harassment.’

Full Story

St Pauls Chambers, 12th July 2023

Source: www.stpaulschambers.com

Court rejects appeal against NHS England over gender dysphoria treatment delays – The Guardian

Posted August 1st, 2023 in appeals, delay, medical treatment, news, transgender persons by sally

‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’

Full Story

The Guardian, 31st July 2023

Source: www.theguardian.com

Intentional homelessness – what counts as accommodation? – Nearly Legal

Posted August 1st, 2023 in appeals, homelessness, housing, local government, news by sally

‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’

Full Story

Nearly Legal, 31st July 2023

Source: nearlylegal.co.uk

Judge was wrong to allow 14-year-old boy in care proceedings instruct own solicitor, Court of Appeal rules – Local Government Lawyer

Posted August 1st, 2023 in care orders, children, family courts, legal representation, news by sally

‘The Court of Appeal has allowed a mother’s appeal against an order permitting a 14-year-old boy in care proceedings to instruct his own solicitor.’

Full Story

Local Government Lawyer, 31st July 2023

Source: www.localgovernmentlawyer.co.uk

Gangs and Anti-Social Behaviour Injunctions – Standard of Proof – St Ives Chambers

‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’

Full Story

St Ives Chambers, 21st July 2023

Source: www.stiveschambers.co.uk

The Serious Incident Investigation Report (Root Cause Analysis) is being phased out. Will this benefit patients and what are the implications for clinical negligence litigation? – St John’s Chambers

Posted August 1st, 2023 in chambers articles, hospitals, negligence, news, reports by sally

‘A criticism of the NHS generally is that it does not learn from mistakes. Despite the “never event” framework, the number of such incidents remains stubbornly high. In response to the perceived failures to the improvement of patient safety, NHS England are introducing the Patient Safety Incident Response Framework (“PSIRF” pronounced “pea surf”) to replace the Serious Incident Framework. The transition to PSIRF from the Serious Incident Framework should be completed by autumn 2023.’

Full Story

St John's Chambers, 13th July 2023

Source: www.stjohnschambers.co.uk

Free legal advice aims to help thousands of people facing eviction each year – The Independent

Posted August 1st, 2023 in bills, homelessness, housing, legal advice, news, repossession, statistics by sally

‘The launch comes not long after the latest statistics showed households and children in temporary accommodation in England are at record highs.’

Full Story

The Independent, 31st July 2023

Source: www.independent.co.uk

New evidence claimed to undermine nurse’s conviction for killing patients – The Guardian

Posted August 1st, 2023 in evidence, murder, news, nurses, poisoning, statistics by sally

‘Fresh evidence has emerged that it is claimed undermines the conviction of a nurse jailed for life 17 years ago for murdering two of his patients and poisoning 15 others.’

Full Story

The Guardian, 31st July 2023

Source: www.theguardian.com

Fraud on the Court: When Post-Trial Evidence Vitiates Judgment (Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655) – Gatehouse Chambers

‘The Appellant (“Mr Tinkler”) was a director, substantial shareholder and former CEO of the Respondent (“SGL”). He stepped down as CEO in 2017 to focus on investment activities through a related entity (“SCL”) in which he was a majority shareholder. SCL’s remaining shares were held by Mr Soanes, another of SGL’s board members.’

Full Story

Gatehouse Chambers, 25th July 2023

Source: gatehouselaw.co.uk

A practical guide to unfair prejudice petitions – St John’s Chambers

‘This guide provides an overview of the principles relating to unfair prejudice petitions. It is not legal advice and should not be relied upon as such. Businesses and individuals should seek bespoke legal advice in respect of their particular positions. This guide is an updated version of a similar guide published in 2019.’

Full Story

St John's Chambers, 3rd July 2023

Source: www.stjohnschambers.co.uk