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

Posted July 1st, 2022 in brexit, EC law, government departments, immigration, judicial review, news, ombudsmen by sally

‘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

Posted July 1st, 2022 in complaints, criminal justice, domestic violence, news, ombudsmen, police, professional conduct, public interest, statistics by sally

‘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

Posted July 1st, 2022 in child cruelty, children, families, imprisonment, murder, news, perverting the course of justice, sentencing, young offenders by sally

‘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

Posted June 30th, 2022 in bills, declarations of incompatibility, human rights, news, parliament, proportionality, statutory interpretation by sally

‘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

Posted June 30th, 2022 in animals, bills, brexit, EC law, environmental protection, news, sites of special scientific interest by sally

‘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

Posted June 29th, 2022 in appeals, environmental health, environmental protection, news, pollution, statutory duty, waste, water by sally

‘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

Robyn Skilton: Neglect contributed to Sussex teen’s death, coroner rules – BBC News

Posted June 29th, 2022 in causing death of children or vulnerable adults, children, coroners, hospitals, inquests, mental health, negligence, news, suicide, young persons by sally

‘A coroner plans to write to the government about mental health services for young people after ruling a girl’s death was contributed to by neglect.’

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BBC News, 28th June 2022

Source: www.bbc.co.uk

Councils pledge not to ignore families’ warnings about vulnerable children – The Guardian

Posted June 29th, 2022 in child cruelty, child neglect, children, families, local government, murder, news, social services by sally

‘Council officials have pledged to give more weight to warnings from wider family members about vulnerable children after the murders of Arthur Labinjo-Hughes and Star Hobson, after alarms raised by relatives were disregarded before their deaths.’

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The Guardian, 28th June 2022

Source: www.theguardian.com

Serious incidents more common in for-profit children’s homes in England – The Guardian

Posted June 28th, 2022 in care homes, charities, children, complaints, local government, news, whistleblowers by sally

‘Serious incidents involving the police and whistleblowing complaints are more common in private children’s homes run to make a profit than in homes run by charities and councils, data suggests.’

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The Guardian, 28th June 2022

Source: www.theguardian.com

Government To Partially Comply With Istanbul Convention Against Domestic Abuse And Sexual Violence – Each Other

Posted June 28th, 2022 in domestic violence, immigration, news, sexual offences, treaties, women by sally

‘In May, Home secretary, Priti Patel, announced that the UK will comply with the Istanbul Convention after a 10-year delay. The UK will now seek to ratify the Convention by 31 July. It is the first legally-binding treaty with minimum legal standards which governments must meet to combat violence against women. After a decade of waiting, concerns have been raised though that the government has and will continue to fail migrant and refugee women, as the government is ‘reserving their right‘ not to comply with article 59, which would end some migrants’ dependence on abusive partners for their immigration status.’

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Each Other, 27th June 2022

Source: eachother.org.uk

Everyone in – Lambeth lacking a policy – Nearly Legal

Posted June 28th, 2022 in coronavirus, housing, judicial review, local government, minorities, news, vaccination by sally

‘While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to housing in a public health emergency to consider.’

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Nearly Legal, 26th June 2022

Source: nearlylegal.co.uk

UK work visa for elite graduates is exclusive and based on flawed assumptions – EIN Blog

Posted June 28th, 2022 in immigration, news, universities, visas by sally

‘The UK government’s announcement of a new work visa option aimed at attracting top graduates has elicited some backlash because the list of eligible institutions features no universities from Africa, Latin America or South Asia. The Conversation Africa’s Nontobeko Mtshali asked Orla Quinlan, Director of Internationalisation at Rhodes University in South Africa, to share her thoughts on the implications such visa programmes have for international integration and intercultural efforts in higher education.’

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EIN Blog, 27th June 2022

Source: www.ein.org.uk