NHS trust failed in care of baby who died 23 minutes after birth – The Guardian

Posted January 26th, 2023 in birth, guilty pleas, hospitals, news, prosecutions, standards by sally

‘The mother of a baby girl who died in hospital 23 minutes after being born has said she was “failed in the most cruel way” by an NHS Trust that has admitted failings in their care.’

Full Story

The Guardian, 25th January 2023

Source: www.theguardian.com

How Deep Does Misogyny Run In The Met? – Each Other

‘The Metropolitan Police Service (Met) was put under “special measures” in 2022, following a series of acts carried out by serving police officers, including: the rape and murder of Sarah Everard, unethical handling of the bodies of Nicole Smallman and Bibaa Henry, the strip-search of Child Q, and a series of WhatsApp groups which cultivated rape culture. But that was the tip of the iceberg in unearthing misogyny in the Met.’

Full Story

Each Other, 25th January 2023

Source: eachother.org.uk

Court bid to protect tenants from ‘ghost landlords’ – BBC News

‘Housing campaigners hope a Supreme Court ruling to legally define who should be deemed a landlord will help protect tenants in some of England’s worst rental properties.’

Full Story

BBC News, 26th January 2023

Source: www.bbc.co.uk

New fire safety regulations following Grenfell Tower fire come into force in England – Local Government Lawyer

Posted January 26th, 2023 in fire, health & safety, inquiries, news, regulations by sally

‘The Fire Safety (England) Regulations 2022, which implement the majority of the Grenfell Tower Inquiry recommendations, came into force yesterday (23 January 2023).’

Full Story

Local Government Lawyer, 24th January 2023

Source: www.localgovernmentlawyer.co.uk

Tarun Khaitan: An Elected Second Chamber? Some Thoughts on the Brown Report – UK Constitutional Law Association

Posted January 26th, 2023 in constitutional reform, elections, news, parliament, reports by sally

‘One of the key recommendations of the Brown Commission is to replace the House of Lords with an elected second chamber called the Assembly of the Nations and Regions. The proposal has stimulated a broad debate. A key intervention in the debate was by the Speaker of the Commons, Lindsay Hoyle, who has argued against replacing the House of Lords with a second elected chamber because—he claims—doing so would threaten the supremacy of the Commons. In this post, I will draw upon my paper in defence of “moderated parliamentarism” to argue that—if done right—this might be a welcome reform that could combine the benefits of creating a system that checks executive power better, but without being prone to US-style legislative deadlocks and governmental dysfunction. I will argue that a properly designed elected second chamber could make the quality of British democracy better, especially by doing a better job of holding the executive to account and improving the quality of legislation. To the extent that the details for this reform in the Brown Report are sketchy and not exactly thought through, the objective of this blogpost is to provide a relatively more detailed proposal—if only to explain what is at stake and what kinds of questions need to be discussed and answered.’

Full Story

UK Constitutional Law Association, 25th January 2023

Source: ukconstitutionallaw.org

Abel-Jax Mailey: Dad jailed for murdering his seven-week-old son – BBC News

Posted January 26th, 2023 in child abuse, murder, news, sentencing by sally

‘A “cowardly” father who murdered his seven-week-old son has been sentenced to at least 16 years in prison.’

Full Story

BBC News, 25th January 2023

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 26th, 2023 in legislation by sally

SI 2023/59 – The School and Early Years Finance (England) Regulations 2023

SI 2023/61 – The Family Procedure (Amendment) Rules 2023

SI 2023/63 – The Control of Explosives Precursors and Poisons Regulations 2023

SI 2023/58 – The Advanced Research and Invention Agency Act 2022 (Commencement) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 26th, 2023 in law reports by sally

Supreme Court

Barton & Ors v Morris & Anor [2023] UKSC 3 (25 January 2023)

Court of Appeal (Criminal Division)

BRP, R. v [2023] EWCA Crim 40 (25 January 2023)

High Court (Administrative Court)

Storey, R (On the Application Of) v Crown Court at Leeds [2023] EWHC 101 (Admin) (24 January 2023)

Ramaswamy v General Medical Council [2023] EWHC 100 (Admin) (24 January 2023)

Police Officer B50, R (On the Application Of) v HM Assistant Coroner for the East Riding of Yorkshire and Kingston upon Hull [2023] EWHC 81 (Admin) (23 January 2023)

KBL, R (on the application of) v Secretary of State for the Home Department & Ors [2023] EWHC 87 (Admin) (23 January 2023)

Makki, R (On the Application Of) v HM Senior Coroner for South Manchester [2023] EWHC 80 (Admin) (20 January 2023)

Wathen-Fayed v Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 92 (Admin) (20 January 2023)

High Court (Chancery Division)

WWRT v Tyshchenko & Anor (Rev1) [2023] EWHC 79 (Ch) (25 January 2023)

Listrac Midco Ltd & Ors, Re [2023] EWHC 78 (Ch) (23 January 2023)

McElroy v McElroy (Re Estate of Ray James McElroy) [2023] EWHC 109 (Ch) (20 January 2023)

High Court (Commercial Court)

Fastfreight Pte Ltd v Bulk Trident Shipping Ltd (Re Arbitration Act 1996) [2023] EWHC 105 (Comm) (24 January 2023)

Fenchurch Advisory Partners Llp v AA Ltd [2023] EWHC 108 (Comm) (24 January 2023)

High Court (Family Division)

AO v LA [2023] EWHC 83 (Fam) (24 January 2023)

High Court (King’s Bench Division)

MTA v Commissioner of Police of the Metropolis & Anor [2023] EWHC 117 (KB) (25 January 2023)

Lewin v Gray [2023] EWHC 112 (KB) (25 January 2023)

Wilkins v Serco Ltd [2023] EWHC 61 (KB) (25 January 2023)

Source: www.bailii.org

Christopher Hughes: Gang killed man wrongly suspected of rape – BBC News

Posted January 25th, 2023 in gangs, kidnapping, murder, news, perverting the course of justice, rape by sally

‘Seven men have been found guilty of the kidnap and murder of a man they wrongly suspected of raping a teenage girl.’

Full Story

BBC News, 24th January 2023

Source: www.bbc.co.uk

Good enough for jazz: how well does the government need to understand its Paris Agreement obligations? A case of emissions and omissions – UK Human Rights Blog

‘In R (Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14, the Court of Appeal considered the implications of the Paris Agreement on climate change for governmental decision-making in relation to investing in a liquified natural gas project in Mozambique (the “Project”). Sir Geoffrey Vos MR, with whom Lord Justice Bean and Sir Keith Lindblom SPT agreed, dismissed Friends of the Earth’s appeal against the Divisional Court’s decision to dismiss their application for judicial review.’

Full Story

UK Human Rights Blog, 24th January 2023

Source: ukhumanrightsblog.com

Number of SRA investigations into SLAPPs continues to rise – Legal Futures

‘The number of law firms being investigated for possible misconduct relating to strategic lawsuits against public participation (SLAPPs) has doubled since the summer to 40, the chief executive of the Solicitors Regulation Authority (SRA) revealed yesterday.’

Full Story

Legal Futures, 25th January 2023

Source: www.legalfutures.co.uk

Is discernment for ordination training an offer of employment? McCalla – Law & Religion UK

Posted January 25th, 2023 in Church of England, employment, employment tribunals, equality, news by sally

‘In Professor Doreen McCalla v Lichfield Diocesan Board of Finance Inc & Anor [2022] UKET 1303655/2021, the claimant felt a call to ordination in the Church of England and went through its Discernment of Vocations Process between February 2016 and June 2021 but was rejected for training. She claimed discrimination in her treatment by the respondents and by others for whom she alleged the respondents were vicariously liable, both during the discernment process and in respect of its termination. She sued the Diocesan Board of Finance and the Bishop in his corporate capacity, initially claiming discrimination on grounds of sex, age and race [1-4], but by the time the claim came to trial it had been whittled down to a claim that either or both of the respondents had discriminated against her in the discernment process and its termination, in breach of s.55 (2) Equality Act 2010.’

Full Story

Law & Religion UK, 24th January 2023

Source: lawandreligionuk.com

Does a child born to an EU national exercising free movement rights automatically acquire British citizenship? – EIN Blog

Posted January 25th, 2023 in brexit, children, citizenship, EC law, families, freedom of movement, immigration, news by sally

‘On 20 January 2023, Eyre J (“the judge”) handed down judgment in R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin). The judge dismissed the claim. The challenge raised questions of statutory interpretation of the British Nationality Act 1981 (“the BNA 1981”) and the interrelationship between that statutory scheme and the status of EU nationals exercising free movement rights before Brexit. The judgment is likely to have significant consequences for a cohort of individuals claiming British citizenship on the basis of being born in the UK to EU nationals exercising free movement rights.’

Full Story

EIN Blog, 24th January 2023

Source: www.ein.org.uk

Met Safer Schools officer pleads guilty to child sex offences – BBC News

‘A serving Met Police officer who was posted in a school in north London has pleaded guilty to child sex offences.’

Full Story

BBC News, 25th January 2023

Source: www.bbc.co.uk

Mother wins legal battle over tribunal’s refusal to say why son’s killer was discharged from hospital – The Guardian

‘A woman has won a legal battle against a mental health tribunal over its refusal to provide her with the the reasons for releasing her son’s killer into the community.’

Full Story

The Guardian, 25th January 2023

Source: www.theguardian.com

Dispositions of equitable interests in the digital age: Hudson v Hathway – Tanfield Chambers

‘Mattie Green discusses Hudson v Hathway [2022] EWCA Civ 1648, focusing mainly on the application of section 53 of the Law of Property Act 1925.’

Full Story

Tanfield Chambers, 16th January 2023

Source: www.tanfieldchambers.co.uk

Forfeiture in Trust-Based Occupational Pension Schemes – Wilberforce Chambers

Posted January 24th, 2023 in chambers articles, forfeiture, news, pensions, trusts by sally

‘Before 28 October 2018, when judgment was delivered in Lloyds Banking Group Pensions Trustees v Lloyds Bank [2018] EWHC 2839 (Ch), forfeiture of benefits in occupational pension schemes was hardly a “hot topic”.’

Full Story

Wilberforce Chambers, January 2023

Source: www.wilberforce.co.uk

Case Comment: R v Maughan (Northern Ireland) [2022] UKSC 13 – UKSC Blog

Posted January 24th, 2023 in criminal procedure, guilty pleas, news, Northern Ireland, sentencing by sally

‘In this post, Ross Ludlow, Legal Support Assistant at Matrix Chambers, comments on the case of R v Maughan (Northern Ireland) [2022] UKSC 13. This case considered the Northern Irish approach to reduction in sentence for defendants who plead guilty to offences at an early stage of proceedings.’

Full Story

UKSC Blog, 23rd January 2023

Source: ukscblog.com

Child-friendly Control Orders? Why Child-specific Counter-terrorism Measures are Both Unnecessary and Dangerous – Oxford Human Rights Hub

‘The new year brought with it news that ministers in the UK are considering new counter-terrorism measures that specifically target children. Concerned at the growing number of children – particularly teenagers – being arrested for non-violent and online-based terrorism offences that can have a stigmatising and permanent effect on their records, the UK’s Independent Reviewer of Terrorism Legislation Jonathan Hall KC proposed new non-criminal counter-terrorism alternatives that are especially tailored towards children under the age of 17.’

Full Story

Oxford Human Rights Hub, 23rd January 2023

Source: ohrh.law.ox.ac.uk

Man found guilty of murder of Dorset 21-year-old over e-scooter – The Guardian

Posted January 24th, 2023 in murder, news, offensive weapons by sally

‘A man from Afghanistan previously convicted of murder in Serbia has been found guilty of killing a young man in Dorset in a row over an e-scooter.’

Full Story

The Guardian, 23rd January 2023

Source: www.theguardian.com