Judge rules Tribunal erred by putting responsibility for part of EHCP on individual who was not lawful delegate or proxy for local authority – Local Government Lawyer

Posted September 20th, 2022 in local government, news, special educational needs, tribunals by sally

‘The First-Tier Tribunal erred in law by giving responsibility for compiling an “all your need to know about” document concerning a child to a doctor who was not a lawful delegate or proxy for the council, the Upper Tribunal Administrative Appeals Chamber has said.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Financial Remedy Update, September 2022 – Family Law Week

Posted September 20th, 2022 in bankruptcy, divorce, financial provision, news, pensions by sally

‘Sue Brookes, Principal Associate at Mills & Reeve LLP consider the most important news and case law relating to financial remedies during August 2022.’

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Family Law Week, 15th September 2022

Source: www.familylawweek.co.uk

News focus: Big Brother watch – time for intercept evidence to be admissible in court? – Law Society’s Gazette

Posted September 20th, 2022 in admissibility, encryption, evidence, investigatory powers, news, telecommunications by sally

‘Intercepts remain inadmissible as evidence, which makes our jurisdiction an outlier. Is it time to allow their use, when this could boost transparency and build public confidence?’

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Law society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Few couples applying for joint divorce, HMCTS figures reveal – Law Society’s Gazette

Posted September 20th, 2022 in divorce, news, statistics by sally

‘Take-up of a landmark provision designed to remove “unnecessary finger-pointing” from the divorce process remains comparatively low, according to government figures.’

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Law Society's Gazette, 20th September 2022

Source: www.lawgazette.co.uk

Molly Russell’s inquest to put focus on big tech – BBC News

Posted September 20th, 2022 in inquests, internet, mental health, news, suicide, young persons by sally

‘Almost five years after she took her own life, the inquest into the death of teenager Molly Russell is due to begin.’

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BBC News, 20th September 2022

Source: www.bbc.co.uk

Alex Belfield: Former BBC presenter jailed for stalking – BBC News

Posted September 16th, 2022 in BBC, harassment, imprisonment, internet, news, sentencing, stalking, victims by sally

‘A former BBC radio presenter found guilty of stalking four people including broadcaster Jeremy Vine has been jailed for five and a half years.’

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BBC News, 16th September 2022

Source: www.bbc.co.uk

Avoiding the pitfalls of WhatsApp – Local Government Lawyer

Posted September 16th, 2022 in codes of practice, freedom of information, judicial review, local government, news, professional conduct, telecommunications by sally

‘Matthew Alderton examines past disciplinary cases, regulatory action and recent judicial review challenges that show the various dangers that public bodies could face by allowing staff to communicate via WhatsApp and other social media.social media.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted September 16th, 2022 in law reports by sally

High Court (Administrative Court)

Davison v HM Senior Coroner for Hertfordshire [2022] EWHC 2343 (Admin) (15 September 2022)

High Court (Chancery Division)

Totton & Anor vTotton [2022] EWHC 2345 (Ch) (15 September 2022)

Source: www.bailii.org

Alexander Latham-Gambi: How Should We Teach the Johnson Government? (Possible) Pedagogical Shortcomings in the Face of (Arguable) Constitutional Vandalism – UK Constitutional Law Association

Posted September 16th, 2022 in constitutional law, government departments, legal education, news, universities by sally

‘It may reasonably be argued that the Johnson Government launched a determined assault upon the UK constitutional settlement. We are failing in our duty as teachers of constitutional law if we do not equip our students with the tools to appraise this argument. Some of the features of the way in which public law is typically taught in UK universities stand in the way of so equipping our students. Or so I shall argue.’

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UK Constitutional Law Association, 14th September 2022

Source: ukconstitutionallaw.org

Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer

Posted September 16th, 2022 in appeals, coronavirus, disability discrimination, disabled persons, employment, employment tribunals, equality, fire services, holidays, news by sally

‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Failure to remove claims now harder to strike out – Local Government Lawyer

Posted September 16th, 2022 in appeals, child abuse, child cruelty, child neglect, children, families, local government, negligence, news, striking out by sally

‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’

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Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Marnie Clayton’s harasser Abid Khan jailed for longer after weapons found – BBC News

Posted September 16th, 2022 in harassment, imprisonment, news, prisons, sentencing by sally

‘A man in prison for a campaign of harassment against a woman will spend more time inside after he was found with weapons and mobile phones.’

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BBC News, 15th September 2022

Source: www.bbc.co.uk

Withernsea: Brothers jailed after man killed in pub brawl – BBC News

Posted September 16th, 2022 in affray, alcohol abuse, grievous bodily harm, homicide, imprisonment, news, sentencing by sally

‘Two brothers have been jailed after a man was killed and another injured in a “violent attack fuelled by alcohol” in an East Yorkshire coastal pub.’

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BBC News, 15th September 2022

Source: www.bbc.co.uk

The four new driving laws coming into force in UK this month – The Independent

Posted September 16th, 2022 in news, road safety, road traffic, road traffic offences, roads, telecommunications by sally

‘Motorists have been urged to be familiar with new driving laws that have been rolled out this month, including stricter rules against the use of mobile phones.’

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The Independent, 16th September 2022

Source: www.independent.co.uk

Barrister who raped woman he met on Tinder jailed for four years – The Independent

Posted September 16th, 2022 in autism, barristers, consent, imprisonment, news, rape, sentencing, sexual offences by sally

‘A barrister who laughed after forcing himself on his Tinder date has been jailed for four years for rape.’

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The Independent, 16th September 2022

Source: www.independent.co.uk

Delays leave man facing four years in Leicester jail without trial – The Guardian

Posted September 16th, 2022 in barristers, coronavirus, courts, criminal justice, Crown Prosecution Service, delay, drug offences, firearms, industrial action, miscarriage of justice, news by sally

‘A man has been told he will have to spend at least four years and three months in jail without trial as a result of Covid, barrister strikes and a malfunctioning courtroom.’

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The Guardian, 15th September 2022

Source: www.theguardian.com

Christian group brings discrimination case against Cambridge college – BBC News

Posted September 16th, 2022 in Christianity, equality, freedom of expression, judicial review, news, religious discrimination, universities by sally

‘A Christian campaign group is taking legal action against a Cambridge University college after an event booking was rejected.’

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BBC News, 15th September 2022

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 15th, 2022 in law reports by sally

High Court (Administrative Court)

X, R. (On the Application Of) v The Parole Board for England and Wales [2022] EWHC 2319 (Admin) (13 September 2022)

High Court (Queen’s Bench Division)

Dudley Metropolitan Borough Council v Mailley [2022] EWHC 2328 (QB) (14 September 2022)

Source: www.bailii.org

Opposition against a UK trade mark application – OUT-LAW.com

Posted September 15th, 2022 in news, notification, trade marks by sally

‘Once a trade mark application has successfully passed the examination of the UK Intellectual Property Office (UK IPO), it is published in the Trade Marks Journal. The application is then open for others to oppose its registration. This brief summary explains the procedures for opposing trade mark applications in the UK and for defending an opposition. The proceedings are the same for national UK filings as well as for international registrations designated to the UK.’

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OUT-LAW.com, 14th September 2022

Source: www.pinsentmasons.com

Does the “No notice, no Act” party wall decision leave us in a no win situation? – Practical Law: Construction Blog

Posted September 15th, 2022 in news, notification, party walls, service by sally

‘For many property practitioners, whose work comes within the orbit of the Party Wall etc. Act 1996 (PWA 1996), the High Court’s decision in Power and another v Shah earlier this year only confirmed what they already believed: if a building owner has not served a party wall notice before embarking on their works, an adjoining owner cannot invoke the dispute resolution process under section 10 of the PWA 1996 to seek redress and compensation.
But what does that mean in practical terms for the adjoining owner, and is either party better off as a result?’

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Practical Law: Construction Blog, 14th September 2022

Source: constructionblog.practicallaw.com