Director was not personally liable for actions of a company – OUT-LAW.com

Posted September 13th, 2022 in company directors, misrepresentation, negligence, news by sally

‘When a claimant sues a company, they often also bring a claim against senior management to ensure that there is a solvent defendant against which any judgment can be enforced.’

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OUT-LAW.com, 12th September 2022

Source: www.pinsentmasons.com

Parents of dying baby “should have had adjournment” after lawyers withdrew – Legal Futures

Posted September 13th, 2022 in adjournment, children, hospitals, legal aid, legal representation, medical treatment, news by sally

‘A High Court judge was wrong to refuse an adjournment sought by parents of a brain-damaged baby who lost their legal representation shortly before a hearing on withdrawing treatment, the Court of Appeal has ruled.’

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Legal Futures, 13th September 2022

Source: www.legalfutures.co.uk

Dangerous killer who made legal history could be moved to open prison – The Independent

Posted September 13th, 2022 in double jeopardy, imprisonment, murder, news, parole, perjury, prisons by sally

‘A “dangerous” killer who murdered a pizza delivery girl in a frenzied sex attack in a case that made legal history could be moved to an open prison.’

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The Independent, 12th September 2022

Source: www.independent.co.uk

Teenager jailed for 13 years over fatal knife attack on schoolboy – The Independent

Posted September 13th, 2022 in homicide, news, offensive weapons, sentencing, young offenders by sally

‘A teenager has been jailed for 13 years over the fatal stabbing of a 15-year-old boy who tried to fend him off with a traffic cone on his way to school, the Metropolitan Police has said.’

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The Independent, 13th September 2022

Source: www.independent.co.uk

Met police suspend officer involved in fatal shooting of Chris Kaba – The Guardian

Posted September 13th, 2022 in disciplinary procedures, firearms, homicide, London, minorities, news, police by sally

‘The Metropolitan police officer who fired the shot that killed 24-year-old Chris Kaba has been suspended from frontline duties, the Metropolitan police have confirmed in a statement.’

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The Guardian, 12th September 2022

Source: www.theguardian.com

Ricky Morgan: Tube machete attacker jailed for attempted murder – BBC News

Posted September 13th, 2022 in attempted murder, news, offensive weapons, sentencing, transport by sally

‘A man who attacked a stranger with a machete on a London Tube train has been jailed for a minimum of 16 years.’

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BBC News, 12th September 2022

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 12th, 2022 in law reports by sally

High Court (Chancery Division)

Ramus v Holt & Ors (Re Estate of Christopher Stewart Ramus) [2022] EWHC 2309 (Ch) (08 September 2022)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 12th, 2022 in legislation by sally

SI 2022/951 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 28) Order 2022

SI 2022/954 – The Sovereign Grant Act 2011 (Duration of Sovereign Grant Provisions) Order 2022

Source: www.legislation.gov.uk

Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law – UK Constitutional Law Association

‘Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the Bill would never have been able to make good on the hopes of those who wish to see the U.K. unshackled from the jurisdiction of the Strasbourg Court. Rajiv Shah, a former special advisor in the Ministry of Justice and the No 10 Policy Unit, argues that the Bill was presented as containing a lot of red meat – to encourage ECHR sceptics and dismay ECHR advocates – while in reality being little more than a vegan steak. On reflection this is a fairly accurate description. One area of concern, however, was the potential repeal of s. 3 of the Human Rights Act.’

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UK Constitutional Law Association, 12th September 2022

Source: ukconstitutionallaw.org

Local authority duties towards unaccompanied asylum seeking children – Local Government Lawyer

Posted September 12th, 2022 in asylum, children, immigration, local government, news, statutory duty by sally

‘Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Regulation of estate agents – House of Commons Library

Posted September 12th, 2022 in consultations, consumer protection, estate agents, housing, news, parliament by sally

‘This briefing paper provides an outline of the current regulation of estate agents. It also looks at past market studies and consultations and considers in detail recent government proposals to tighten regulation.’

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House of Commons Library , 5th September 2022

Source: commonslibrary.parliament.uk

Call for UK’s biggest police force to stop using facial recognition technology – The Independent

Posted September 12th, 2022 in facial mapping, London, news, police, privacy by sally

‘Fourteen campaign groups have written an open letter to new Metropolitan Police Commissioner Sir Mark Rowley calling on him to end the use of facial recognition technology.’

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The Independent, 9th September 2022

Source: www.independent.co.uk

Smart motorways: Lack of hard shoulder contributed to death – coroner – BBC News

Posted September 12th, 2022 in accidents, coroners, inquests, news, road safety, roads by sally

‘The lack of a hard shoulder on a stretch of smart motorway in South Yorkshire contributed to the death of a grandmother, a coroner has ruled.’

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BBC News, 10th September 2022

Source: www.bbc.co.uk

Chris Kaba: Police shooting of unarmed man treated as homicide – BBC News

Posted September 12th, 2022 in criminal justice, firearms, homicide, news, police, professional conduct, racism by sally

‘A criminal investigation is under way after the police watchdog said it would investigate the shooting of an unarmed black man as a homicide.’

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BBC News, 10th September 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 9th, 2022 in legislation by sally

SI 2022/938 – The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022

SI 2022/937 – The Electronic Communications (Universal Service) (Amendment) Order 2022

SI 2022/936 – The Professional Qualifications Act 2022 (Commencement No. 1) Regulations 2022

SI 2022/943 – The Accounting Standards (Prescribed Bodies) (United States of America and Japan) (Amendment) Regulations 2022

SI 2022/942 – The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 9th, 2022 in law reports by sally

Court of Appeal (Criminal Division)

Priestley, R. v [2022] EWCA Crim 1208 (07 September 2022)

High Court (Administrative Court)

Jwanczuk, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWHC 2298 (Admin) (07 September 2022)

Marten, R (On the Application Of) v Crown Court at Lincoln [2022] EWHC 2283 (Admin) (06 September 2022)

Harris & Anor v Environment Agency [2022] EWHC 2264 (Admin) (06 September 2022)

High Court (Chancery Division)

Pegler & Ors v McDonald & Anor (Re Estate of Clive McDonald) [2022] EWHC 2288 (Ch) (06 September 2022)

High Court (Commercial Court)

Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) (05 September 2022)

High Court (Family Division)

S v A [2022] EWHC 2300 (Fam) (07 September 2022)

Source: www.bailii.org

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

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UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Liability of schools for abuse by work experience student – Local Government Lawyer

‘Paul Donnelly and Samuel Dawber discuss the implications of a recent High Court case where it was found that a relationship between a school and a work experience student was insufficient to give rise to vicarious liability.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer

Posted September 9th, 2022 in bills, brexit, data protection, EC law, government departments, local government, news by sally

‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Dismissal for a political affiliation – Local Government Lawyer

‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk