Commission urges reform of ‘ineffective’ confiscation regime – Law Society’s Gazette

‘Codification of legal decisions reached in more than 500 cases brought under the Proceeds of Crime Act 2002 is among the proposals of a call for reform of an “ineffective” confiscation regime published today.’

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Law Society's Gazette, 9th November 2022

Source: www.lawgazette.co.uk

Campaigning and political activity by charities: guidance – Law & Religion UK

‘On 7 November, the Charity Commission issued updated guidance for England and Wales on Campaigning and political activity by charities. It follows the passing of the Elections Act 2022, which received Royal Assent on 28 April.’

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Law & Religion UK, 9th November 2022

Source: lawandreligionuk.com

Sam Guy: Eroding Public Law’s Exclusions? Charting the Landscape of Crowdfunding in Judicial Review – UK Constitutional Law Association

Posted November 9th, 2022 in constitutional law, judicial review, news by sally

‘The use of crowdfunding to access public law litigation is a matter which attracts much online commentary but has thus far, with notable exceptions, received considerably less rigorous scholarly engagement. Accordingly, several important questions remain unanswered as to the dynamics of crowdfunded litigation – amongst others, who are the actors bringing (and defending) these cases, how much money do cases raise, and how do they fare in the judicial review system? In a recent article published open access in the Modern Law Review, I report the results of an empirical study which charts the landscape of judicial review crowdfunding systematically for the first time. In the study, I analyse 413 crowdfunding pages by people seeking funding for judicial review claims, posted on CrowdJustice, the leading litigation crowdfunding website. Here, I highlight some of the study’s results, and emphasise the difficulties facing prospective litigants in accessing judicial review, even with the advent of crowdfunding, a problem which has, previously on this blog, been termed ‘public law’s disgrace’.’

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UK Constitutional Law Association, 8th November 2022

Source: ukconstitutionallaw.org

Government planning definition of “gypsies and travellers” unlawfully discriminatory, Court of Appeal rules – Local Government Lawyer

‘A decision on a planning application made by settled Travellers by North West Leicestershire District Council and the Secretary of State for Levelling Up, Housing & Communities has been quashed by the Court of Appeal.’

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Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

EU law overhaul will have ‘devastating impact’ – Society – Law Society’s Gazette

Posted November 9th, 2022 in bills, brexit, EC law, Law Society, news, rule of law by sally

‘The Retained EU Law (Revocation and Reform) Bill could have a devastating impact on legal certainty in the UK, the Law Society said today as the bill reaches committee stage in the House of Commons.’

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Law Society's Gazette, 8th November 2022

Source: www.lawgazette.co.uk

‘No evidence’ Archie Battersbee did TikTok blackout challenge, coroner says – The Guardian

‘Archie Battersbee accessed TikTok on the day he suffered a catastrophic brain injury but no evidence has been found that he was taking part in the online “blackout challenge”, a coroner’s court has heard.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Burnett: “I can’t magic up lawyers to help reduce Crown Court backlog” – Legal Futures

‘It will be “very difficult” for the Crown Court to achieve the government’s target of reducing the backlog to 53,000 cases by 2025, the Lord Chief Justice has warned MPs.’

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Legal Futures, 9th November 2022

Source: www.legalfutures.co.uk

Victim of ex-detective sex attacker ‘felt failed’ by system – BBC News

Posted November 9th, 2022 in bail, child abuse, news, police, rape, recidivists, sexual offences, victims, women by sally

‘A woman sexually assaulted by a former police officer while he was on bail has told the BBC she was failed by the police and the courts.’

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BBC News, 8th November 2022

Source: www.bbc.co.uk

Landlord was warned of mould that killed toddler in Rochdale flat – The Guardian

‘A health visitor wrote to housing officials expressing concern about conditions in a rented flat months before a two-year-old died after his exposure to mould.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Judge ‘in error’ over sentence for Jeremy Vine stalker, says solicitor general – The Guardian

Posted November 8th, 2022 in appeals, judges, news, sentencing, stalking by sally

‘The judge who sentenced Jeremy Vine’s stalker to five and a half years in prison made a mistake and could have given Alex Belfield a higher sentence, one of the UK government’s most senior legal advisers has said.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Neurodivergence in the CJS and the role of the Bar (1) – Counsel

Posted November 8th, 2022 in autism, barristers, criminal justice, disabled persons, diversity, dyslexia, news by sally

‘Thinking differently, engaging differently: the first of this two-part series by Dr Tom Smith looks at the experience of neurodivergent individuals in the criminal justice system and how barristers can mitigate/aggravate the challenges.’

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Counsel, November 2022

Source: www.counselmagazine.co.uk

Mental health patients held ‘unlawfully’ in A&Es across the country, experts warn – The Independent

Posted November 8th, 2022 in detention, hospitals, mental health, news, time limits by sally

‘Mental health patients are being held “unlawfully” in A&Es across the country as long waits for care and beds force staff into “fudging” the law, The Independent has been told.’

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The Independent, 8th November 2022

Source: www.independent.co.uk

UK rolling back efforts to tackle modern slavery, charity says – The Guardian

‘The UK has been accused of “rolling back” moves to tackle modern slavery before a UN review of its human rights record on Thursday.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

Ruling supports ‘bad faith’ trade mark counterclaims – OUT-LAW.com

Posted November 8th, 2022 in news, striking out, trade marks by sally

‘Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.’

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OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

LSB promises regulators “greater autonomy” in performance regime – Legal Futures

Posted November 8th, 2022 in legal profession, Legal Services Board, news, standards by sally

‘The Legal Services Board (LSB) has promised the frontline legal regulators “greater autonomy” in the framework it will use to assess regulators’ progress.’

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Legal Futures, 8th November 2022

Source: www.legalfutures.co.uk

Eastbourne couple jailed for neglecting children in squalid house – BBC News

Posted November 8th, 2022 in animal cruelty, child neglect, dogs, guilty pleas, news, sentencing by sally

‘A couple who neglected children in a house filled with litter, rotting food and animal faeces have been jailed.’

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BBC News, 7th November 2022

Source: www.bbc.co.uk

Just Stop Oil: High Court grants injunction to prevent M25 protests Published 23 hours ago – BBC News

‘A High Court injunction has been granted to prevent Just Stop Oil protesters disrupting the M25.’

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BBC News, 6th November 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 7th, 2022 in legislation by sally

SI 2022/1132 – The National Health Service (Primary Dental Services) (Amendment) Regulations 2022

SI 2022/1131 – The National Health Service (Performers Lists) (England) (Amendment) Regulations 2022

SI 2022/1129 – The Feed Additives (Authorisations) (England) Regulations 2022

SI 2022/1125 – The Energy Bill Relief Scheme and Energy Price Guarantee Pass-through Requirement and Miscellaneous Amendments Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 7th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Parveen v Hussain [2022] EWCA Civ 1434 (04 November 2022)

Court of Appeal (Criminal Division)

Nguyen, R. v [2022] EWCA Crim 1444 (04 November 2022)

High Court (Administrative Court)

Hojden v District Court, Gorzow, Wielkopolski, Poland (Appeal Under Section 26 of the Extradition Act 2003) [2022] EWHC 2725 (Admin) (04 November 2022)

High Court (Chancery Division)

Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch) (04 November 2022)

Financial Conduct Authority v Papadimitrakopoulos & Anor [2022] EWHC 2792 (Ch) (04 November 2022)

High Court (Commercial Court)

Khouj v Acropolis Capital Management Ltd & Anor [2022] EWHC 2802 (Comm) (07 November 2022)

VTB Commodities Trading DAC v JSC Antipinsky Refinery [2022] EWHC 2795 (Comm) (04 November 2022)

Moss & Ors v Martin & Anor [2022] EWHC 2788 (Comm) (04 November 2022)

Sefe Marketing & Trading Ltd v Vitol SA [2022] EWHC 2800 (Comm) (03 November 2022)

Source: www.bailii.org

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by sally

‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’

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Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk