Draft Mental Health Bill now published – Local Government Lawyer

Posted July 1st, 2022 in bills, detention, learning difficulties, mental health, news by sally

‘Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward this week (27 June 2022). Alex Ruck Keene sets out the main elements and highlights some key points.’

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Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

CJC begins process for major reform of costs regime – Legal Futures

Posted July 1st, 2022 in civil justice, consultations, costs, news by sally

‘A rethought costs system that puts digitisation, vulnerable court users and a properly functioning civil justice system at its heart is the goal of a Civil Justice Council (CJC) working party, which yesterday began consulting on four key areas for possible reform.’

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Legal Futures, 1st July 2022

Source: www.legalfutures.co.uk

New Law Commission project to review the law on contempt of court – Law Commission

Posted July 1st, 2022 in contempt of court, Law Commission, news by sally

‘The Law Commission of England and Wales has been asked by the Government to review the law on contempt of court and consider reform to improve its effectiveness, consistency, and coherence.’

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Law Commission, 28th June 2022

Source: www.lawcom.gov.uk

Football hate crime: CPS vows to use new banning orders – Crown Prosecution Service

‘The CPS today vows to use football banning orders to those convicted of online hate crime connected to the game and prevent them from attending matches.’

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Crown Prosecution Service, 29th June 2022

Source: www.cps.gov.uk

Criminal legal aid fee increases a welcome first step, but next stages critical to rebuilding justice system, says Bar Council – The Bar Council

Posted July 1st, 2022 in barristers, budgets, criminal justice, fees, legal aid, news by sally

‘The Government has announced the next steps in the criminal legal aid review including a Statutory Instrument to be laid in Parliament by 21 July to bring in a fee increase of 15% for the Advocates’ Graduated Fee Scheme (AGFS – i.e. the fees paid to barristers) from 30 September 2022.’

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The Bar Council, 30th June 2022

Source: www.barcouncil.org.uk

Home Office ‘undermining immigration watchdog’s legitimacy’ by failing to implement recommendations – The Independent

Posted July 1st, 2022 in asylum, government departments, immigration, news, ombudsmen, refugees by sally

‘The Home Office risks undermining the immigration watchdog’s legitimacy by failing to implement its recommendations, an official has said.’

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The Independent, 30th June 2022

Source: www.independent.co.uk

NewsUKHome News Home Office dragged to High Court by Brexit deal watchdog over ‘unlawful’ treatment of EU citizens – The Independent

‘The Home Office is being taken to court by a government-sponsored Brexit watchdog over the “unlawful” treatment of 2.5 million EU citizens in the UK. The High Court has confirmed that the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), designed to protect the rights of EU nationals in the UK, has been granted permission to proceed with a judicial review claim against the department.’

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The Independent, 30th June 2022

Source: www.independent.co.uk

UK data watchdog to scale back fines for public bodies – The Guardian

Posted July 1st, 2022 in data protection, fines, news by sally

‘The UK’s data watchdog is to scale back fines for public bodies after admitting that users of services often bear the brunt of the financial punishment. The Information Commissioner’s Office will continue to issue fines for the most serious cases of data breaches in the public sector, but otherwise it will lean on other powers within its remit such as warnings, reprimands and enforcement notices.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

Watchdogs condemn police response to domestic abuse claims against officers – The Guardian

‘Police forces in England and Wales are responding to reports of their own officers committing domestic abuse in a way that is “significantly harming the public interest”, with just 9% of such allegations leading to criminal charges, a joint watchdog investigation has found.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

Logan Mwangi murder: Mum, stepdad and teen sentenced – BBC News

‘A mother, stepfather and a teenager have been given life sentences for murdering five-year-old Logan Mwangi and dumping his body in a river.’

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BBC News, 30th June 2022

Source: www.bbc.co.uk

Dominic Raab says right to abortion does not need to be in bill of rights – The Guardian

Posted June 30th, 2022 in abortion, bills, human rights, news by sally

‘Dominic Raab has expressed doubts about including the right to an abortion in the forthcoming bill of rights, saying the matter was already “settled in UK law”.’

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The Guardian, 29th June 2022

Source: www.theguardian.com

Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy – Oxford Human Rights Hub

‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will “ensure courts cannot interpret laws in ways that were never intended by Parliament”. It also seeks to inject a “healthy dose of common sense” into courts’ protection of Convention rights.’

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Oxford Human Rights Hub, 27th June 2022

Source: ohrh.law.ox.ac.uk

Archie Battersbee parents win appeal to reconsider case – BBC News

Posted June 30th, 2022 in appeals, children, consent, medical treatment, news by sally

‘The parents of a 12-year-old boy at the centre of a life support dispute have won an appeal for his case to be heard again.’

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BBC News, 29th June 2022

Source: www.bbc.co.uk

UK government to scrap European law protecting special habitats – The Guardian

‘Environment secretary George Eustice wants to tear up a key piece of European law that environmentalists say protects cherished habitats in the UK.’

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The Guardian, 30th June 2022

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted June 29th, 2022 in benefits, legislation by sally

2022 c. 38 – Social Security (Additional Payments) Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 29th, 2022 in legislation by sally

SI 2022/705 – The Remote Observation and Recording (Courts and Tribunals) Regulations 2022

SI 2022/704 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2) Regulations 2022

SI 2022/703 – The Criminal Justice (Sentencing) (Licence Conditions) (Amendment) (No. 2) Order 2022

SI 2022/713 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 26) Order 2022

SI 2022/712 – The Construction Products (Amendment) Regulations 2022

SI 2022/706 – The Direct Payments to Farmers (Advance Payments and Activation of Payment Entitlements) (Amendment) (England) Regulations 2022

SI 2022/716 – The Criminal Justice and Courts Act 2015 (Commencement No. 8) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 29th, 2022 in law reports by sally

Court of Appeal (Civil Division)

MDW Holdings Ltd v Norvill & Ors [2022] EWCA Civ 883 (28 June 2022)

Alcon Research LLC & Anor v Pharmathen SA & Anor [2022] EWCA Civ 845 (28 June 2022)

The Manchester Ship Canal Company Ltd v United Utilities Water Ltd [2022] EWCA Civ 852 (27 June 2022)

High Court (Chancery Division)

Bhabra v Suri & Anor [2022] EWHC 1652 (Ch) (28 June 2022)

Boast v Ballardi & Ors [2022] EWHC 1533 (Ch) (28 June 2022)

Brierley v Otuo & Ors [2022] EWHC 1530 (Ch) (28 June 2022)

High Court (Commercial Court)

Lex Foundation v Citibank NA & Anor [2022] EWHC 1649 (Comm) (28 June 2022)

UK P&I Club NV & Anor v Republica Bolivariana De Venezuela (RCGS ‘Resolute’) [2022] EWHC 1655 (Comm) (28 June 2022)

Banca Intesa Sanpaolo SPA & Anor v Comune Di Venezia [2022] EWHC 1656 (Comm) (28 June 2022)

High Court (Queen’s Bench Division)

Ruta v Department for Work And Pensions [2022] EWHC 1535 (QB) (27 June 2022)

Mussarat v Worldview Media Network Ltd [2022] EWHC 1604 (QB) (27 June 2022)

Albert Court (Westminster) Management Company Ltd & Ors v Fetaimia & Anor [2022] EWHC 1657 (QB) (27 June 2022)

Goldsmith v Bissett-Powell [2022] EWHC 1591 (QB) (27 June 2022)

High Court (Patents Court)

Teva Pharmaceutical Industries Ltd v Sandoz AG & Ors [2022] EWHC 1603 (Pat) (20 June 2022)

Advanced Bionics AG v Med-El Elektromedizinische Gerate GMBH [2022] EWHC 1345 (Pat) (01 June 2022)

Source: www.bailii.org

High Court gives guidance on scope of article 2 inquests – UK Human Rights Blog

Posted June 29th, 2022 in bias, coroners, evidence, human rights, inquests, mental health, news, suicide by sally

‘In R (Gorani) v HM Assistant Coroner for Inner West London [2022] EWHC1593 (QB), a Divisional Court comprising Macur LJ and Garnham J rejected on all grounds a wide-ranging challenge to the conduct of in inquest into a suicide. Of particular interest were the Court’s observations on the effect of a finding that the investigative duty under article 2, ECHR was engaged, and their clarification that a coroner does not need to hear submissions before refusing to make a ‘preventing future deaths’ report. That said, it is a broad and interesting judgment and deserves reading in full by those with an interest in coronial law.’

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UK Human Rights Blog, 28th June 2022

Source: ukhumanrightsblog.com

Delayed public inquiry into UK’s Covid-19 response opens – The Guardian

Posted June 29th, 2022 in bereavement, coronavirus, delay, families, government departments, inquiries, news by sally

‘The delayed public inquiry into the UK’s handling of the Covid-19 pandemic has been launched after Boris Johnson accepted calls to widen the terms of reference to consider its unequal impact on minority-ethnic people, on children and on mental health.’

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The Guardian, 28th June 2022

Source: www.theguardian.com

Court of Appeal upholds High Court decision limiting private law actions in pollution disputes – Local Government Lawyer

‘The Court of Appeal has confirmed a judgment of the High Court that affected parties do not have a right to bring private law actions against water companies over unauthorised discharges of sewage.’

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Local Government Lawyer, 28th June 2022

Source: www.localgovernmentlawyer.co.uk