First jury trial of Insulate Britain activists begins over M25 blockage – The Guardian

‘Four climate activists have gone on trial for allegedly blocking the M25, in the first of dozens of jury trials planned for supporters of the Insulate Britain campaign.’

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The Guardian, 21st November 2022

Source: www.theguardian.com

Stalking victims not protected by police, say campaigners – BBC News

Posted November 22nd, 2022 in harassment, news, police, stalking, victims by sally

‘Victims have said they are not being protected by police, a decade after stalking was made a specific offence.’

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BBC News, 21st November 2022

Source: www.bbc.co.uk

Jane Rooney: The Extraterritorial Application of the Human Rights Act: Overseas Military Operations and Beyond – UK Constitutional Law Association

Posted November 22nd, 2022 in armed forces, bills, constitutional law, human rights, news by sally

‘With the reinstatement of Dominic Raab as Secretary of State for Justice, the Bill of Rights Bill, currently before Parliament, is once again a possibility only weeks after Liz Truss halted its progression on account that it was a ‘complete mess’. This post examines the Bill’s provisions on overseas military operations, how they compare with the UK judiciary’s approach, the Overseas Operations (Service Personnel and Veterans) Act 2021, and the European Court of Human Rights (ECtHR) jurisprudence. Also highlighted are other extraterritoriality issues outside overseas military operations that the UK will have to consider.’

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UK Constitutional Law Association, 22nd November 2022

Source: ukconstitutionallaw.org

Lincolnshire: Police dispersal order to tackle rising hare coursing – BBC News

Posted November 21st, 2022 in animal cruelty, animals, dispersal orders, fines, hunting, imprisonment, news by sally

‘A county-wide dispersal order has been issued by police in Lincolnshire after multiple reports of hare coursing.’

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BBC News, 20th November 2020

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 21st, 2022 in legislation by sally

SI 2022/1200 – The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2022

Source: www.legislation.gov.uk

Assessment of housing needs and cascading unlawfulness – Nearly Legal

‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’

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Nearly Legal, 20th November 2022

Source: nearlylegal.co.uk

Hillside Parks – common sense is not that common (but the law is not an ass) – Local Government Lawyer

Posted November 21st, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court judgment in Hillside Parks shows that common sense helps operate the planning system in a practical and fair way, Roy Pinnock writes.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Council threatens Home Office with judicial review after third hotel used to house asylum seekers – Local Government Lawyer

‘Torbay Council has issued a second pre-proceedings letter for a judicial review of the Home Office’s plan to block-book a third hotel in the area in order to accommodate asylum seekers.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Road haulage operators convicted of involvement in an over £100m money laundering scam – Crown Prosecution Service

‘Six defendants including a senior manager and two drivers of a road haulage business have been found guilty on Friday 18 November 2022 of running a large-scale money laundering operation involving in excess of £100 million in cash.’

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Crown Prosecution Service, 20th November 2022

Source: www.cps.gov.uk

Chancellor of the High Court – Combar Lecture 2022 – Courts & Tribunal Judiciary

‘On 16 November 2022 the Chancellor of the High Court, Sir Julian Flaux, delivered the 2022 Combar Lecture entitled “Is commercial litigation going green? Environmental and greenwashing claims and how they will shape the law.”’

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Courts & Tribunal Judiciary, 18th November 2022

Source: www.judiciary.uk

UK citizenship appeal by Shamima Begum to begin – The Independent

‘Shamima Begum is set to begin her appeal over the removal of her UK citizenship.’

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The Independent, 21st November 2022

Source: www.independent.co.uk

Driver who killed cycling policewoman Lynwen Thomas jailed – BBC News

Posted November 21st, 2022 in dangerous driving, homicide, imprisonment, news, sentencing, telecommunications by sally

‘A van driver who killed a cycling off-duty policewoman while on his phone has been jailed for five years.’

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BBC News, 19th November 2022

Source: www.bbc.co.uk

Terrorists face longer in jail for offences in prison – Ministry of Justice

Posted November 21st, 2022 in imprisonment, Ministry of Justice, news, recidivists, sentencing, terrorism by sally

‘Terrorists who continue offending in prison will always face the prospect of more time behind bars, the Deputy Prime Minister announced today (Sunday 20 November).’

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Ministry of Justice, 20th November 2022

Source: www.gov.uk

Woman groomed and abused in care gets apology after 30 years – The Guardian

‘Leeds city council letter accepting responsibility believed to be the first of its kind.’

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The Guardian, 20th November 2022

Source: www.theguardian.com

Racial inequality hard-wired into housing system in England, study finds – The Guardian

‘One in three black people who have experienced homelessness have also faced racial discrimination from a landlord, six times more than the general population of those who had struggled for shelter, a study reveals.’

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The Guardian, 21st November 2022

Source: www.theguardian.com

Judge blocks parents’ bid to use dying son’s sperm to father a child – The Independent

Posted November 18th, 2022 in children, Court of Protection, families, news by sally

‘The parents of a dying man have failed in their court bid to collect and store his sperm to allow his girlfriend to have his child.’

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The Independent, 17th November 2022

Source: www.independent.co.uk

Children being coerced into most severe forms of sexual abuse online – report – The Independent

‘The Internet Watch Foundation says it found nearly 900 instances of the most severe types of child sexual abuse content in just five days.’

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The Independent, 18th November 2022

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 18th, 2022 in legislation by sally

SI 2022/1193 – The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022

SI 2022/1192 – The Court of Protection (Amendment) Rules 2022

Source: www.legislation.gov.uk

Refusals on ‘Not Conducive to the Public Good’ Grounds – EIN Blog

Posted November 18th, 2022 in burden of proof, government departments, immigration, news, public interest by sally

‘Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements. This applies to applications for entry clearance, permission to enter and permission to stay.
Presence in the UK being non-conducive to the public good can also constitute a reason to deprive an individual of their British citizenship. This is set out in further detail in our earlier post here. However, the deprivation of citizenship is provided for separately under section 40(4) of the British Nationality Act 1981.’

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EIN Blog, 14th November 2022

Source: www.ein.org.uk

Alleged Islamophobia in misconduct proceedings: El Diwany – Law & Religion UK

‘Mr Farid El Diwany was twice convicted in Norway of harassment [16] and, in consequence, was struck off the Roll of Solicitors [16(ix)]. In El Diwany v Solicitors Regulation Authority Ltd [2022] EWHC 2882 (Admin), he appealed against an order of the Solicitors Disciplinary Tribunal (“the SDT”) dated 18 November 2021 refusing his application to be restored to the Roll [1].’

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Law & Religion UK, 16th November 2022

Source: lawandreligionuk.com