Children classed as domestic abuse victims under new guidance – Crown Prosecution Service

‘Children affected by domestic abuse will be automatically treated as victims regardless of whether they were present during violent incidents, the CPS announced today.’

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Crown Prosecution Service, 5th December 2022

Source: www.cps.gov.uk

In conversation with District Tribunal Judge Noel Arnold – Courts & Tribunals Judiciary

Posted December 15th, 2022 in diversity, judges, judiciary, news by sally

‘In conversation with District Tribunal Judge Noel Arnold.’

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Courts & Tribunals Judiciary, 8th December 2022

Source: www.judiciary.uk

Sovereign immunity for former Spanish king upheld on appeal – Law Society’s Gazette

Posted December 15th, 2022 in appeals, Crown, harassment, immunity, news by sally

‘Sovereign immunity has been upheld in the Court of Appeal in a case involving allegations that the former king of Spain harassed a woman over a two-year period.’

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Law Society's Gazette, 14th December 2022

Source: www.lawgazette.co.uk

Sex offender who poses risk is able to make own decisions about care – judge – The Independent

‘A convicted child sex offender who “poses a risk” has the mental capacity to make decisions about his care and support, a judge has decided after a hearing in a specialist court.’

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The Independent, 14th December 2022

Source: www.independent.co.uk

Police worker who shared dead body image on WhatsApp jailed for two years – The Independent

Posted December 15th, 2022 in guilty pleas, internet, misfeasance in public office, news, photography, police, suicide by sally

‘A police control room worker who shared an image of a teenager’s decapitated head with his partner and friends on WhatsApp has been jailed for more than two years.’

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The Independent, 14th December 2022

Source: www.independent.co.uk

Zara Aleena murder: Jordan McSweeney jailed for at least 38 years – BBC News

Posted December 15th, 2022 in murder, news, sentencing by sally

‘A sexual predator branded a “danger to any woman” has been jailed for at least 38 years for murdering Zara Aleena as she walked home from a night out.’

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BBC News, 14th December 2022

Source: www.bbc.co.uk

Scathing report condemns police in England and Wales for ‘victim blaming’ in rape cases – The Guardian

Posted December 15th, 2022 in criminal justice, news, police, rape, reports, victims by sally

‘A damning official examination into how police forces tackle rape has exposed persistent failings in the criminal justice system, including a failure to track repeat suspects, “explicit victim-blaming” and botched investigations.’

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The Guardian, 15th December 2022

Source: www.theguardian.com

Awaab Ishak: Widespread failings at mould death housing group – BBC News

Posted December 15th, 2022 in children, complaints, health & safety, housing, news by sally

‘A government regulator has found “widespread failings” at the housing association that rented out a mouldy flat to the family of Awaab Ishak.’

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BBC News, 15th December 2022

Source: www.bbc.co.uk

Case Comment: Guest v Guest [2022] UKSC 27 – UKSC Blog

Posted December 14th, 2022 in appeals, estoppel, news, Supreme Court, wills by sally

‘In this post, Tobias Seger, an Associate at CMS, comments on the Supreme Court’s decision in Guest v Guest [2022] UKSC 27, handed down by the Supreme Court on 19 October 2022. This case concerns the proper approach to granting relief under the doctrine of proprietary estoppel.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Ex-leader of London borough fails in High Court challenge over naming in Ombudsman report – Local Government Lawyer

‘A former leader of the London Borough of Haringey has lost a judicial review challenge over a decision by the Local Government and Social Care Ombudsman to name him in a report.’

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Local Government Lawyer, 12th December 2022

Source: www.localgovernmentlawyer.co.uk

Single-use plastic items to be banned in England — reports – The Guardian

‘Single-use plastic items including cutlery, plates and polystyrene cups are reportedly to be banned in England by the UK government after a consultation.’

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The Guardian, 13th December 2022

Source: www.theguardian.com

MoJ backs lasting power of attorney bill – Law Society’s Gazette

Posted December 14th, 2022 in bills, internet, Ministry of Justice, news, powers of attorney by sally

‘The government has backed a private members bill that will allow lasting powers of attorney to be made completely online. The Lasting Power of Attorney Bill, which brings forward government proposals to modernise the process, completed its second reading last Friday.’

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Law Society's Gazette, 13th December 2022

Source: www.lawgazette.co.uk

Four jailed over £200,000 pensioner phone scam – BBC News

Posted December 14th, 2022 in fraud, imprisonment, news, sentencing by sally

‘Fraudsters who scammed pensioners out of £200,000 by claiming to be police officers have been jailed.’

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BBC News, 13th December 2022

Source: www.bbc.co.uk

Case Preview: R (Day) v Shropshire Council (heard 7th December 2022) – UKSC Blog

Posted December 14th, 2022 in appeals, judicial review, local government, news, planning, Supreme Court by sally

‘Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Lab worker convicted of murdering colleague at his parents’ home – The Guardian

Posted December 14th, 2022 in homicide, mental health, murder, news by sally

‘A lab technician has been convicted of murdering a colleague at his parents’ home in Leicestershire before dumping her body in a country lane.’

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The Guardian, 12th December 2022

Source: www.theguardian.com

Pay for Work in Prison – by Virginia Mantouvalou – UK Labour Law

Posted December 14th, 2022 in employment, news, prisons, rehabilitation by sally

‘Prison is not a good place to be. It was recently reported that prisons are overflowing in the UK. An increasing number of people are locked up, with limited resources spent on supporting them during incarceration and after that. This is despite the fact that it is often people with a background of socio-economic disadvantage who are caught in the web of criminal justice, and that if not supported post-release, they may re-offend and end up in prison again. There is also widespread prejudice against prisoners, as we know fully well in the UK with the right to vote for prisoners saga (analysed here). The need for reform is pressing (with scholars and activists also pushing for prison abolition).’

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UK Labour Law, 12th December 2022

Source: uklabourlawblog.com

Reality TV star Stephen Bear convicted of sharing sex tape online – The Guardian

‘The reality TV star Stephen Bear has been found guilty of sharing a sex tape showing him with ex-girlfriend Georgia Harrison after the recording emerged on the website OnlyFans.’

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The Guardian, 13th December 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted December 14th, 2022 in legislation, Northern Ireland, telecommunications by sally

2022 c. 46 – Product Security and Telecommunications Infrastructure Act 2022

2022 c. 45 – Identity and Language (Northern Ireland) Act 2022

Source: www.legislation.gov.uk

Statutory Instruments – legislation.gov.uk

Posted December 14th, 2022 in legislation by sally

SI 2022/1269 – The Merchant Shipping (Safety Standards for Passenger Ships on Domestic Voyages) (Miscellaneous Amendments) Regulations 2022

SI 2022/1308 – The Telecommunications Infrastructure (Leasehold Property) Act 2021 (Commencement No. 1) Regulations 2022

SI 2022/1306 – The Internal Market Information System Regulation (Amendment etc.) Regulations 2022

SI 2022/1304 – The Prevention and Reduction of Serious Violence (Strategies etc.) Regulations 2022

SI 2022/1303 – The Trade Marks (Amendment) Regulations 2022

SI 2022/1290 – The Charities Act 2006 (Principal Regulators of Exempt Charities) (Amendment) Regulations 2022

SI 2022/ – The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2022

SI 2022/1315 – The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022

SI 2022/1312 – The Customs (Miscellaneous Amendments) (No. 2) Regulations 2022

SI 2022/1310 – The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 14th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Sahota, R (On the Application Of) v Herefordshire Council [2022] EWCA Civ 1640 (13 December 2022)

Court of Appeal (Criminal Division)

Byrne, R. v [2022] EWCA Crim 1630 (09 December 2022)

High Court (Administrative Court)

Nesbitt, R (On the Application Of) v Cleveland, Durham and Northumbria Legal Team, HMCTS [2022] EWHC 3090 (Admin) (13 December 2022)

Substation Action Save East Suffolk Ltd, R (On the Application Of) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWHC 3177 (Admin) (13 December 2022)

National Community Homes CIC v Regulator of Social Housing [2022] EWHC 3171 (Admin) (12 December 2022)

Hargreaves v Powys County Council [2022] EWHC 3176 (Admin) (12 December 2022)

Welwyn Hatfield Borough Council v Secretary of State for Levelling Up, Housing And Communities & Anor [2022] EWHC 3175 (Admin) (12 December 2022)

Ejiofor, R. (On the Application Of) v The Commissioner For Local Administration in England [2022] EWHC 3174 (Admin) (12 December 2022)

Nodwell, R. (On the Application Of) v Secretary of State for Justice [2022] EWHC 3173 (Admin) (12 December 2022)

High Court (Chancery Division)

Gheewalla v Rasul & Ors [2022] EWHC 3180 (Ch) (12 December 2022)

Rail for London Ltd & Anor v London Borough of Hackney [2022] EWHC 2929 (Ch) (12 December 2022)

High Court (Commercial Court)

Havila Kystruten AS & Ors v STLC Europe Twenty Three Leasing Ltd & Anor [2022] EWHC 3166 (Comm) (08 December 2022)

High Court (King’s Bench Division)

Smith & Ors v Revenue & Customs [2022] EWHC 3188 (KB) (13 December 2022)

Andrews v The Chief Constable of Suffolk Constabulary [2022] EWHC 3162 (KB) (12 December 2022)

Source: www.bailii.org