Ombudsman investigation sees council agree to repay five years of care fee top-ups after it failed to offer affordable alternative placement first – Local Government Lawyer

‘Stockport Metropolitan Borough Council has agreed to reimburse “a significant amount of money” to a woman after it did not offer her mother an affordable care home placement, before asking her to pay a top-up towards her mother’s fees.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Off into the Somerset – Local Government Lawyer

‘The President of the Family Division has issued new guidance on remedying breaches of the Adoption Agency Regulations 2005. Jess Purchase sets out the key points.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal backs decision to make collective action opt-out – Legal Futures

‘The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.’

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Legal Futures, 9th May 2022

Source: www.legalfutures.co.uk

LiP loses costs challenge over ‘no longer instructed’ barrister – Law Society’s Gazette

‘A litigant who tried to argue that his costs order was agreed by a barrister who was no longer instructed has lost a court challenge.’

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Law Society’s Gazette, 9th May 2022

Source: www.lawgazette.co.uk

Litigant banned over ‘unjustified’ complaints to regulators – Law Society’s Gazette

‘A former nurse who made “wholly inappropriate and unjustified allegations of wrongdoing” against lawyers has been banned from bringing proceedings for two years by a High Court judge, who said regulators must be “astute in identifying litigants who abusively use [the] regulatory process”.’

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Law Society's Gazette, 6th May 2022

Source: www.lawgazette.co.uk

‘It strips your humanity’: Civil servant wins six-figure sum over ‘insidious’ Ministry of Justice racism – The Independent

‘A former civil servant received a six-figure pay-out from the government over discrimination after she says was subjected to “insidious” racism during a 20-year battle with the Ministry of Justice.’

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The Independent, 8th May 2022

Source: www.independent.co.uk

The Broads: Couple launch legal challenge over water extraction monitoring plans – BBC News

‘A couple who have spent years battling water abstraction in a national park are taking their fight to the High Court.’

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BBC News, 9th May 2022

Source: www.bbc.co.uk

Priti Patel’s Rwanda plan for UK asylum seekers faces its first legal challenge – The Guardian

‘The first legal action has been launched against Priti Patel’s plan to send asylum seekers to Rwanda as the UN’s refugee agency raised concerns that the UK is “inviting” other European countries to adopt the same divisive immigration policy.’

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The Guardian, 7th May 2022

Source: www.theguardian.com

Ofsted to get new powers to tackle illegal unregistered schools in England – BBC News

Posted May 9th, 2022 in bills, education, government departments, news, ombudsmen, school children by sally

‘New legislation would give the schools regulator powers to crack down on unregistered schools operating illegally in England, ministers say.’

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BBC News, 8th May 2022

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted May 6th, 2022 in animals, disabled persons, education, insurance, legislation by sally

2022 c. 25 – Motor Vehicles (Compulsory Insurance) Act 2022

2022 c. 23 – Subsidy Control Act 2022

2022 c. 21 – Skills and Post-16 Education Act 2022

2022 c. 19 – Animals (Penalty Notices) Act 2022

2022 c. 18 – Down Syndrome Act 2022

Source: www.legislation.gov.uk

Does the platinum jubilee bank holiday entitle a contractor to an extension of time? – Practical Law: Construction Blog

Posted May 6th, 2022 in construction industry, contracts, holidays, news by sally

‘An additional bank holiday has been created in the UK this year to celebrate the Queen’s Platinum Jubilee. Does this entitle a contractor to claim an extension of time? A client recently asked this question in the context of a project using the JCT Design and Build Contract 2016. It certainly throws up a number of issues.’

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Practical Law: Construction Blog, 4th May 2022

Source: constructionblog.practicallaw.com

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Lawyers limit community care cases “to help firms stay afloat” – Legal Futures

‘Community care lawyers are limiting the amount and type of legal aid work they do to ensure that their firms remain financially viable, a report has found.’

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Legal Futures, 6th May 2022

Source: www.legalfutures.co.uk

No retainer between law firm and businessman in £2.5m dispute – Legal Futures

Posted May 6th, 2022 in damages, law firms, loss of chance, news by sally

‘There was no express or implied retainer between a Buckinghamshire law firm and a businessman with a “colourful commercial career” suing it for £2.5m in damages, the High Court has ruled.’

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Legal Futures, 6th May 2022

Source: www.legalfutures.co.uk

Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

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Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Data breach litigation — more useful High Court guidance – Local Government Lawyer

Posted May 6th, 2022 in damages, data protection, local government, news by sally

‘The High Court has provided further guidance on two important issues in data breach claims, writes Peter Wake.’

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Local Government Lawyer, 6th May 2022

Source: www.localgovernmentlawyer.co.uk

Capacity to litigate – Family Law

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 5th May 2022

Source: www.familylaw.co.uk

Ombudsmen release joint guidance to tackle common mistakes in aftercare of mental health in-patients – Family Law

‘The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act.’

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Family Law, 5th May 2022

Source: www.familylaw.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

Landmark puberty-blocking drugs ruling will not be challenged at Supreme Court – The Independent

‘A landmark ruling over the use of puberty-blocking drugs for children with gender dysphoria will not be challenged at the Supreme Court.’

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The Independent, 5th May 2022

Source: www.independent.co.uk