A common law duty of care to issue an Osman warning? – UK Human Rights Blog

Posted June 13th, 2023 in causation, domestic violence, duty of care, negligence, news, police by sally

‘What such an exceptional case might look like has remained a matter of speculation. Until now. On 9 May Ritchie J handed down judgment in Woodcock v Chief Constable of Northamptonshire [2023] EWHC 1062 (KB), which, if it remains good law, is likely to have a significant impact upon the law concerning the liability of the police in the tort of negligence.’

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UK Human Rights Blog, 12th June 2023

Source: ukhumanrightsblog.com

UK judges to be given powers to dismiss oppressive Slapps lawsuits at early stage – The Guardian

Posted June 13th, 2023 in amendments, bills, freedom of expression, news, public interest by sally

‘Oppressive lawsuits brought by wealthy individuals to evade scrutiny and intimidate critics are to be defined in English and Welsh law for the first time, as judges are handed powers to dismiss “Slapps” at an early stage.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

Acting for “environment-harming” clients “not about access to justice” – Legal Futures

Posted June 13th, 2023 in civil justice, environmental protection, law firms, legal advice, news by sally

‘Decisions taken by law firms to act for clients, including “environment-harming” fossil fuel companies and others, are not about access to justice or legal ethics, a leading academic has argued.’

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Legal Futures, 13th June 2023

Source: www.legalfutures.co.uk

Could Juryless Trials Improve Rape Conviction Rates? – Each Other

Posted June 13th, 2023 in consultations, juries, Law Commission, news, rape, trial without jury by sally

‘The Law Commission of England and Wales is considering whether juryless trials could help improve rape conviction rates. All rape and attempted rape trials in England and Wales are currently held before a jury of 12 people, who listen to the evidence and decide unanimously whether the accused is innocent or guilty.’

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Each Other, 12th June 2023

Source: eachother.org.uk

Call to overhaul ‘out of date’ UK abortion laws after woman jailed – The Guardian

Posted June 13th, 2023 in abortion, guilty pleas, imprisonment, news, prosecutions, select committees, sentencing by sally

‘Abortion legislation is “very much out of date” and should be overhauled, the chair of the Commons women and equalities committee has said, after a woman was jailed for procuring drugs to induce an abortion after the legal limit.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

Scouts: Millions paid out over UK abuse in last 10 years, say lawyers – BBC News

Posted June 13th, 2023 in child abuse, compensation, complaints, news by sally

‘Millions of pounds have been paid out in the last ten years to people who were abused in the Scouts, lawyers say.’

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BBC News, 13th June 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 12th, 2023 in legislation by sally

SI 2023/601 – The Common Procurement Vocabulary (Amendment) Regulations 2023

SI 2023/623 – The Windsor Framework (Disclosure of Revenue and Customs Information) Regulations 2023

SI 2023/622 – The Plastic Packaging Tax (General) (Amendment) Regulations 2023

SI 2023/620 – The Mobile Homes (Pitch Fees) (Prescribed Form) (England) Regulations 2023

SI 2023/606 – The Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 12th, 2023 in law reports by sally

Court of Appeal (Civil Division)

Tinkler v Esken Ltd (Formerly Stobart Group Ltd) [2023] EWCA Civ 655 (09 June 2023)

Pitalia & Anor v NHS England [2023] EWCA Civ 657 (09 June 2023)

N & A (1996 Hague Convention: Article 13) [2023] EWCA Civ 623 (09 June 2023)

Timson, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWCA Civ 656 (09 June 2023)

Phipps v Priory Education Services Ltd [2023] EWCA Civ 652 (09 June 2023)

Advanced Bionics Ag & Anor v Med-El Elektromedizinische Gerate GmbH [2023] EWCA Civ 637 (09 June 2023)

High Court (Administrative Court)

Faherty, R (On the Application Of) v Bournemouth, Christchurch and Poole Council [2023] EWHC 1395 (Admin) (09 June 2023)

Durham County Council & Anor v Secretary of State for Levelling Up, Housing and Communities [2023] EWHC 1394 (Admin) (09 June 2023)

UO v London Borough of Redbridge [2023] EWHC 1355 (Admin) (08 June 2023)

Chapter 4 Corp Dba Supreme, R (On the Application Of) v Crown Court at Southwark [2023] EWHC 1362 (Admin) (08 June 2023)

High Court (Chancery Division)

King v Bar Mutual Indemnity Fund [2023] EWHC 1408 (Ch) (09 June 2023)

Thandi v Saggu [2023] EWHC 1379 (Ch) (08 June 2023)

Henrikson & Ors v Constant & Ors [2023] EWHC 1373 (Ch) (07 June 2023)

High Court (Commercial Court)

Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Ors [2023] EWHC 1393 (Comm) (09 June 2023)

PA (GI) Ltd v Cigna Insurance Services (Europe) Ltd [2023] EWHC 1360 (Comm) (09 June 2023)

High Court (Family Division)

Article 39 v Secretary of State for the Home Department [2023] EWHC 1398 (Fam) (09 June 2023)

High Court (King’s Bench Division)

Amersi v Leslie & Anor [2023] EWHC 1368 (KB) (07 June 2023)

Source: www.bailii.org

Law firm takes civil action against “abusive” opposing party – Legal Futures

Posted June 12th, 2023 in children, contact orders, families, law firms, news, solicitors, threatening behaviour by sally

‘A law firm has had to take civil action against the father on the opposite side of a child contact dispute because of the abuse he has directed at it and the solicitor running the case.’

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Legal Futures, 12th June 2023

Source: www.legalfutures.co.uk

Supreme Court will not hear appeal on largest-ever group action – Legal Futures

Posted June 12th, 2023 in appeals, case management, class actions, environmental protection, news, pollution, Supreme Court by sally

‘The Supreme Court has refused mining giant BHP permission to appeal the Court of Appeal’s decision allowing the largest group action ever to go ahead.’

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Legal Futures, 12th June 2023

Source: www.legalfutures.co.uk

Former boss of a City of London foreign exchange company jailed for an around £70m fraud – Crown Prosecution Service

Posted June 12th, 2023 in company directors, Crown Prosecution Service, fraud, money laundering, news, sentencing by sally

‘The former director of a finance company, based in the City of London, has been imprisoned today (9 June 2023) of being responsible for an around £70m investment fraud, which stole money from members of the public.’

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Crown Prosecution Service, 9th June 2023

Source: www.cps.gov.uk

Company owner jailed and firm fined £700,000 after death of employee – Crown Prosecution Service

Posted June 12th, 2023 in accidents, corporate manslaughter, Crown Prosecution Service, employment, fines, health & safety, imprisonment, news, sentencing by sally

‘A garden supplies company owner has been jailed and the firm has been fined £700,000 after a worker was crushed to death by a robotic packing arm.’

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Crown Prosecution Service, 9th June 2023

Source: www.cps.gov.uk

Breakdown of medical agency costs ‘irrelevant’, court finds – Law Society’s Gazette

Posted June 12th, 2023 in compensation, costs, expert witnesses, insurance, news, personal injuries by sally

‘An experienced district judge has ruled it is “irrelevant” how medical reporting costs are broken down, as the debate over non-party disclosure takes another turn.

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Law Society's Gazette, 12th June 2023

Source: www.lawgazette.co.uk

Dolgellau ambulance crash: Driver jailed for eight months – BBC News

Posted June 12th, 2023 in accidents, careless driving, homicide, imprisonment, news, sentencing by sally

‘An ambulance driver has been jailed for killing a patient in a crash after not securing her stretcher harness and driving on the wrong side of the road.’

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BBC News, 10th June 2023

Source: www.bbc.co.uk

Parking fine invalid over refusal to issue Welsh-language version – The Independent

Posted June 12th, 2023 in fines, news, notification, parking, Wales by sally

‘A parking firm has lost a court case against a woman it tried to fine after only sending her a letter in English.’

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The Independent, 12th June 2023

Source: www.independent.co.uk

UK immigration: Little evidence Albanians at risk and need asylum – BBC News

Posted June 12th, 2023 in asylum, government departments, immigration, news, refugees, statistics, trafficking in human beings by sally

‘There is “little evidence” Albanians are at risk in their country and need asylum in the UK, a committee of MPs says. Albanian nationals should not routinely be granted asylum, the Home Affairs select committee said.’

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BBC News, 12th June 2023

Source: www.bbc.co.uk

Home Office faces legal action over children missing from UK asylum hotels – The Guardian

Posted June 12th, 2023 in asylum, children, government departments, hotels, immigration, kidnapping, missing persons, news, refugees by sally

‘Placing unaccompanied children in hotels run by the Home Office is “unlawful”, according to a legal action launched after hundreds of youngsters living in them have gone missing.’

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The Guardian, 11th June 2023

Source: www.theguardian.com

Ofsted school inspections to change after Ruth Perry’s family campaign – BBC News

Posted June 12th, 2023 in education, mental health, news, ombudsmen, teachers by sally

‘School inspections in England are to change after the suicide of head teacher Ruth Perry led to calls for reform. Ofsted will revisit schools graded inadequate over child welfare within three months, and there will be an overhaul of its complaints system.’

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BBC News, 12th June 2023

Source: www.bbc.co.uk

E-signatures in England and Wales – OUT-LAW.com

Posted June 9th, 2023 in contracts, electronic filing, fraud, news by sally

‘Under English law, what constitutes a signature is flexible. A person’s intention can determine whether they have entered into binding agreements or transactions.’

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OUT-LAW.com, 8th June 2023

Source: www.pinsentmasons.com

New how-to guide to help families access trust funds of disabled young adults – Ministry of Justice

Posted June 9th, 2023 in children, Court of Protection, disabled persons, families, Ministry of Justice, news, powers of attorney, young persons by sally

‘Parents who care for disabled young people will be better supported to access vital savings – including Child Trust Funds – thanks to the launch of a new easy-to-use guide.’

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Ministry of Justice, 9th June 2023

Source: www.gov.uk