Sgt Gavin Hillier shot dead by soldier with ‘poor eyesight’ – BBC News

Posted August 30th, 2022 in accidents, armed forces, firearms, news, reports by sally

‘An army sergeant was shot and killed when he was mistaken for a target by a soldier with “poor eyesight”, an inquiry has found.’

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BBC News, 29th August 2022

Source: www.bbc.co.uk

Labour urges immediate rights extension for associate prosecutors – Legal Futures

‘The Labour Party has called for the role of associate prosecutors (APs) to be expanded so as to help reduce the massive backlog in criminal cases awaiting hearings.’

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Legal Futures, 30th August 2022

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted August 30th, 2022 in law reports by sally

High Court (Administrative Court)

HSK v Crown Prosecution Service [2022] EWHC 2213 (Admin) (26 August 2022)

High Court (Chancery Division)

Dixon v Willan & Ors [2022] EWHC 2160 (Ch) (26 August 2022)

Nostrum Oil & Gas Plc [2022] EWHC 2249 (Ch) (26 August 2022)

Source: www.bailii.org

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by sally

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

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Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk

Employment, freedom of speech and Evangelical views on sexuality: Walters – Law & Religion UK

‘In Rev Keith Walters v The Active Learning Trust Ltd & Anor [2022] UKET 3324619/2019 the claimant, the minister of an independent Evangelical congregation, supported himself by working as full-time caretaker at the Isle of Ely Primary School [34]. When the dispute arose, the parties agreed that Mr Walters believed that his role as a minister took precedence over his employment and that there might be times when he would need to be released from school to fulfil his ministerial duties such as funerals [37]. The Trust, however, disputed his contention that it had been agreed that, so long as he was present at the start and end of the day, there was no issue with how he spent his time and, further, that he reserved his right to be “unequivocal in publicly stating the Christian doctrine on various issues, some of which may be unpopular” [38]. The ET accepted that there was an agreement to be flexible but did not accept that Mr Walters was either free to do what he wanted during work time or had carte blanche to make public statements against the school’s policies [39]. Further, he had agreed to the Trust’s policies and procedures, including the staff Code of Conduct [40 & 41].’

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Law & Religion UK, 29th August 2022

Source: lawandreligionuk.com

Tribunal upholds fixed penalties imposed on HMO landlord for property management failures but reduces amount payable – Local Government Lawyer

Posted August 30th, 2022 in houses in multiple occupation, local government, news, penalties, repairs by sally

‘A landlord has been ordered to pay £23,000 for failing to maintain two Houses in Multiple Occupation (HMO) after Tendring District Council took action.’

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Local Government Lawyer, 25th August 2022

Source: www.localgovernmentlawyer.co.uk

When Code and RAMS Collide – Local Government Lawyer

‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Rwanda asylum deal not legally binding: Law Society – Law Society’s Gazette

Posted August 30th, 2022 in asylum, foreign jurisdictions, human rights, Law Society, news, Rwanda by sally

‘The UK “asylum partnership” with Rwanda is not legally binding, has not been scrutinised by parliament and does not protect the rights of asylum-seekers, the Law Society has said in evidence to the House of Lords on the memorandum of understanding (MoU) for the provision of an asylum arrangement.’

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Law Society's Gazette, 30th August 2022

Source: www.lawgazette.co.uk

Court ‘chaos’ seeing criminals go free, victims’ commissioner warns, as barristers strike – The Independent

‘Court “chaos” is resulting in criminals going free, the victims’ commissioner has warned, as barristers move to an all-out strike. Record backlogs, which are already seeing cases scheduled late in 2024, are expected to be worsened significantly by a continuous walkout starting on Tuesday that will bring most crown court hearings to a halt in England and Wales.’

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The Independent, 29th August 2022

Source: www.independent.co.uk

UK fertility watchdog considers laws for gene editing and lab-grown eggs – The Guardian

Posted August 30th, 2022 in anonymity, assisted reproduction, embryology, news, regulations by sally

‘Human genome editing and lab-grown eggs that could theoretically allow same-sex couples to have biological children are among the anticipated scientific advances being discussed by the fertility watchdog to “future-proof” any prospective laws.’

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The Guardian, 26th August 2022

Source: www.theguardian.com

Stephen Port murders: Families of victims receive Met pay-out – BBC News

‘The families of three men murdered by Stephen Port have received payments from the Met Police over its “investigatory failings”.’

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BBC News, 30th August 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 26th, 2022 in legislation by sally

SI 2022/916 – The Elections Act 2022 (Commencement No. 2) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 26th, 2022 in law reports by sally

High Court (Administrative Court)

DF v Amtsgericht Nurnberg, Germany [2022] EWHC 2224 (Admin) (25 August 2022)

High Court (Family Division)

Birmingham Women’s And Children’s NHS Foundation Trust v J & Ors (Rev1) [2022] EWHC 2229 (Fam) (24 August 2022)

High Court (Technology and Construction Court)

Pickett v Balkind [2022] EWHC 2226 (TCC) (25 August 2022)

Source: www.bailii.org

Disclosure: a guide to seeking Norwich Pharmacal orders – OUT-LAW.com

Posted August 26th, 2022 in disclosure, news, third parties, victims by sally

‘A Norwich Pharmacal Order (NPO) is a disclosure order available in England and Wales which allows information to be obtained from third parties who have become ‘mixed up’ in wrongdoing, helping victims to investigate, pursue those ultimately responsible and recover their losses.’

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OUT-LAW.com, 25th August 2022

Source: www.pinsentmasons.com

Cladding and fire safety: more reaction to Martlet v Mulalley – Practical Law: Construction Blog

Posted August 26th, 2022 in building law, construction industry, fire, health & safety, housing, news by sally

‘At the end of last month, Tom Coulson and Amy Armitage discussed the decision of Martlet Homes Ltd v Mulalley & Co Ltd, the first decision from the TCC on fire safety defects following the Grenfell Tower tragedy. This decision is highly significant for the construction industry, given the number of similar cases which are either progressing through the courts or at the pre-action stage. Although the judge emphasised the fact-specific nature of the dispute, this decision provided some insight on the court’s likely approach to some of the significant issues that affect cladding disputes.’

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Practical Law: Construction Blog , 24th August 2022

Source: constructionblog.practicallaw.com

Sony could face £5bn in legal claims over PlayStation game charges – The Guardian

Posted August 26th, 2022 in appeals, competition, consumer protection, damages, news, video games by sally

‘Sony has been overcharging PlayStation gamers for six years, a new legal claim alleges, and could be forced to pay almost £5bn in damages if the claim succeeds.’

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The Guardian, 22nd August 2022

Source: www.theguardian.com

Public law children case update: August 2022 – Local Government Lawyer

‘Jaime Turner rounds up the most interesting and relevant public law cases.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Proportionality in adoption cases – Local Government Lawyer

‘Lisa Edmunds summarises four decisions about proportionality in adoption cases and sets out the takeaway points for everyday practice.’

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Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Firm fails in bid for injunction to stop use of letter it disclosed in error – Legal Futures

Posted August 26th, 2022 in disclosure, evidence, expert witnesses, injunctions, law firms, news, privilege by sally

‘The High Court has refused a leading law firm an injunction to stop an opposing party making a use of a document it disclosed by mistake that cast doubt on an expert’s independence.’

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Legal Futures, 26th August 2022

Source: www.legalfutures.co.uk

In conversation with Lady Justice Nicola Davies and Tribunal Judge Safia Iman – Courts and Tribunals Judiciary

Posted August 26th, 2022 in diversity, judiciary, news, women by sally

‘Inspired by the centenary of Dr Ivy Williams, the first woman to be called to the Bar in England and Wales, we interviewed Lady Justice Nicola Davies and Tribunal Judge Safia Iman as they spoke with one another about their experiences as women in the judiciary.’

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Courts and Tribunals Judiciary, 23rd August 2022

Source: www.judiciary.uk