High Court grants interim injunction over Home Office plan to house asylum seekers at disused airfield – Local Government Lawyer

‘Braintree District Council has secured an interim injunction temporarily blocking Home Office plans to accommodate asylum seekers at an airbase, ahead of a High Court hearing on the matter next week.’

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Local Government Lawyer, 11th April 2023

Source: www.localgovernmentlawyer.co.uk

Teenager convicted of murdering boy in car park after killer’s mother calls 999 – The Independent

Posted April 12th, 2023 in children, imprisonment, murder, news, sentencing, young persons by sally

‘A teenager has been sentenced to life in prison after “senselessly” murdering a 16-year-old boy in a Somerset town car park.’

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The Independent, 12th April 2023

Source: www.independent.co.uk

New ‘failure to prevent’ offence tabled – Law Society’s Gazette

‘A new offence of failure to prevent fraud will be created by an amendment to the Economic Crime and Corporate Transparency Bill tabled by the government today. Under the measure, an organisation where a fraud has been committed must be able to demonstrate that it had ‘reasonable measures in place to deter the offending’ or be liable to an unlimited fine.’

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Law Society's Gazette, 11th April 2023

Source: www.lawgazette.co.uk

Employers must review progress on race and ethnicity commitments – OUT-LAW.com

Posted April 12th, 2023 in diversity, employment, equality, news by sally

‘Employers across the UK must ensure that the focus on improving racial equality in their workforces does not wane.’

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OUT-LAW.com, 11th April 2023

Source: www.pinsentmasons.com

Anonymisation of a young adult applicant for judicial review about section 20 – Transparency Project

‘There are two matters of interest in this unusual judgment by Mr Justice Mostyn in respect of a claim for judicial review brought by a teenager against a local authority, originally published on The National Archives as TT v Essex County Council [2023] EWHC 721 (Fam) but replaced as [2023] EWHC 826 (Admin).’

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Transparency Project, 10th April 2023

Source: transparencyproject.org.uk

Etihad adverts banned over ‘misleading’ environmental claims – The Independent

‘Adverts for Etihad have been banned for making exaggerated claims about the airline’s efforts to achieve “sustainable aviation”.’

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The Independent, 12th April 2023

Source: www.independent.co.uk

UK torture policy labelled ‘fatally flawed’ after watchdog report – The Guardian

‘The UK’s policy on torture has been described as “fatally flawed” after a watchdog identified non-compliance by intelligence agencies and the Ministry of Defence.’

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The Guardian, 11th April 2023

Source: www.theguardian.com

More than 900 people affected by Grenfell Tower fire settle claims – The Guardian

Posted April 12th, 2023 in accidents, bereavement, compensation, damages, fire, health & safety, housing, inquiries, news by sally

‘More than 900 bereaved family members, survivors and local people who were affected by the devastating Grenfell Tower fire have agreed on a settlement of their civil claims arising from the blaze.’

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The Guardian, 11th April 2023

Source: www.theguardian.com

Excalibur & Keswick Groundworks Ltd v McDonald – 3PB

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).’

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3PB, March 2023

Source: www.3pb.co.uk

LLC Synesis v Secretary of State for Foreign, Commonwealth and Development Affairs – Blackstone Chambers

Posted April 11th, 2023 in chambers articles, money laundering, news, sanctions, setting aside by sally

‘The High Court has dismissed an application to set aside a sanctions designation issued by the Secretary of State for Foreign, Commonwealth and Development Affairs. This was the first challenge to be brought under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”).’

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Blackstone Chambers, 15th March 2023

Source: www.blackstonechambers.com

Breaking the Mould: Water Ingress Building Defects and the Scourge of Black Mould – 3PB

Posted April 11th, 2023 in chambers articles, defective premises, news, water by sally

‘”Black mould” is a very serious, sometimes deadly, consequence of water ingress building defects. Water ingress building defects are prolific, and issues and effects of mould growth are disturbingly common, particularly coming to the end of winter in Britain.’

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3PB, 6th March 2023

Source: www.3pb.co.uk

‘Give or Take a Few Years’: Age Assessments in Care Proceedings – St Philips Barristers

‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’

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St Philips Barristers, 30th March 2023

Source: st-philips.com

QOCS and obstructing “the just disposal of proceedings” under CPR 44.15(c) in Excalibur and Keswick Groundworks v McDonald [2023] EWCA Civ 18 – 39 Essex Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’

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39 Essex Chambers, 29th March 2023

Source: www.39essex.com

Referral Fees and Illegality: Litkraft Ltd v Cottrell – Ropewalk Chambers

Posted April 11th, 2023 in chambers articles, contracts, fees, illegality, news, solicitors by sally

‘Litkraft Ltd v (1) Cottrell (2) Williams (3) Goldsmith [2023] EWHC 465 (Comm) has touched upon, but not decided, whether certain fee sharing arrangements could amount to a prohibited referral fee under section 56 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“LASPO”).’

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Ropewalk Chambers, 14th March 2023

Source: ropewalk.co.uk

Law firm to “harness power of ChatGPT” for clinical negligence cases – Legal Futures

‘The biggest specialist personal injury firm in the country is working on ways to harness the power of technology related to ChatGPT to help it handle medical negligence claims.’

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Legal Futures, 11th April 2023

Source: www.legalfutures.co.uk

The High Court Considers the Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss – Ropewalk Chambers

Posted April 11th, 2023 in armed forces, causation, news, noise, personal injuries by sally

‘This blog reviews the High Court decision in Barry v Ministry of Defence [2023] EWHC 459 (KB) and the ongoing uncertainty surrounding the application of the Moore et al. Guidelines for Diagnosis and Quantification of Military Noise-Induced Hearing Loss.’

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Ropewalk Chambers, 14th March 2023

Source: ropewalk.co.uk

Section 91(14): Is it Now Fit For Purpose? – Becket Chambers

Posted April 11th, 2023 in chambers articles, children, domestic violence, news by sally

‘The application of Section 91(14) has long been seen as a blunt instrument to prevent repeat applications for Section 8 orders been brought by one party or the other. The intentions were noble back in 1991 when it became law, but did not prevent a significant amount of repeat applications being made, often perpetuating domestic abuse by a former partner on the other. Frequently, clients have told me the motivation by their ex-partner making repeat applications, is merely an attempt to control them as they did during their relationship, instead of a desire to do what is in their child’s best interest.’

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Becket Chambers, 28th March 2023

Source: becket-chambers.co.uk

The Tate Modern case: are human rights relevant to property law cases between private parties? – Mills & Reeve

Posted April 11th, 2023 in human rights, news, nuisance, privacy, Supreme Court by sally

‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’

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Mills & Reeve, 6th April 2023

Source: www.mills-reeve.com

25 Years On: Is Northern Ireland Closer To A Bill Of Rights? – Each Other

Posted April 11th, 2023 in brexit, human rights, news, Northern Ireland by sally

‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’

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Each Other, 6th April 2023

Source: eachother.org.uk

Infected Blood Inquiry orders compensation to be paid – Inquests and Inquires Law Blog

Posted April 11th, 2023 in blood products, compensation, inquiries, news, personal injuries, reports by sally

‘The Infected Blood Inquiry published its second interim report on Wednesday, 5 April 2023. Steven Snowden KC and Achas Burin of 12KBW, alongside Brian Cummins of Old Square Chambers, represented the largest group of victims in the Inquiry. In this blog article, Achas summarises and comments on the second interim report.’

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Inquests and Inquires Law Blog, 6th April 2023

Source: inquestsandinquirieslawblog.com