Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

IP addresses ruled floating charge under loan security agreement – OUT-LAW.com

Posted June 10th, 2024 in floating charges, insolvency, internet, loans, news by tracey

‘Lenders should be aware that despite their static nature, IP addresses have been classified as floating charge assets under a loan security agreement by a recent decision of the High Court of England and Wales. There are legal and practical considerations for lenders and their advisers when securing digital assets, following the ruling.’

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OUT-LAW.com, 7th June 2024

Source: www.pinsentmasons.com

Stephen Tierney: The Post Office (Horizon System) Offences Act 2024: Necessary remedy or unwarranted interference with judicial independence? – UK Constitutional Law Association

‘For the first time, by way of the Post Office (Horizon System) Offences Act (“the Act”), Parliament has legislated to quash criminal convictions. In this post I will argue that, no matter how understandable, indeed laudable, the intention behind this legislation, in its haste to offer a speedy and comprehensive correction to mass injustice, Parliament has crossed a constitutional line and ventured into territory that is properly the preserve of the courts.’

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UK Constitutional Law Association , 3rd June 2024

Source: ukconstitutionallaw.org

Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Interim relief in age assessment cases – Local Government Lawyer

‘The Upper Tribunal recently considered the correct approach to interim relief in age assessment cases. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Why don’t facts always seem to matter? – Local Government Lawyer

Posted June 10th, 2024 in children, families, family courts, news by tracey

‘Stephen Williams looks at the importance of the welfare analysis in public law proceedings being objectively fair.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Carr urges KCs to give juniors oral advocacy opportunities – Legal Futures

Posted June 10th, 2024 in advocacy, barristers, diversity, judges, judiciary, news, professional conduct by tracey

‘The Lady Chief Justice has urged senior barristers to give their junior counsel chances to speak in court, both for their own development and the future diversity of the judiciary.’

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Legal Futures, 10th June 2024

Source: www.legalfutures.co.uk

SRA “has gone too far” with demands in SLAPPs guidance – Legal Futures

‘The Solicitors Regulation Authority’s (SRA) guidance on SLAPPs may go too far in requiring practitioners to ascertain the truth of their client’s case, a senior barrister has suggested.’

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Legal Futures, 10th June 2024

Source: www.legalfutures.co.uk

Independent UK retailers claim £1bn damages against Amazon – The Guardian

Posted June 10th, 2024 in class actions, competition, damages, data protection, news by tracey

‘Independent UK retailers have launched the biggest ever retail class action with a £1bn claim for damages against Amazon, which they allege has been pushing them out of its online marketplace.’

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The Guardian, 7th June 2024

Source: www.theguardian.com

Illegal street trader fined for second time this year – BBC News

Posted June 10th, 2024 in fines, food, news, sale of goods by tracey

‘A street trader fined for illegally selling food out of a van was prosecuted again for doing the same thing days after his case was heard in court.’

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BBC News, 10th June 2024

Source: www.bbc.co.uk

‘Inequity’ in prison mental health care – coroner – BBC News

Posted June 10th, 2024 in coroners, delay, hospitals, inquests, mental health, news, prisons, suicide by tracey

‘Prisoners with mental health emergencies face “inequity” in the way they are treated, a coroner has said.’

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BBC News, 9th June 2024

Source: www.bbc.co.uk

The struggle for justice in one English town – BBC News

‘The backlog of Crown Court cases in England and Wales is close to a record high – more than a quarter have now been open for over a year. In West Mercia, which covers a large part of the West Midlands and the counties bordering Wales, on average nearly 18 months pass between an incident occurring and a jury reaching a verdict. But many people have been waiting a lot longer for justice.’

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BBC news, 10th June 2024

Source: www.bbc.co.uk

High court rules Home Office acted unlawfully over visa documents – The Guardian

Posted June 10th, 2024 in charities, documents, government departments, immigration, news, visas by tracey

‘The Home Office is facing a new Windrush-style scandal after a landmark high court ruling found that the home secretary acted unlawfully by failing to provide documents to thousands of migrants proving they are here legally.’

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The Guardian, 8th June 2024

Source: www.theguardian.com

University of Bolton’s proposed name change triggers legal feud with rivals – The Guardian

Posted June 10th, 2024 in names, news, universities by tracey

‘A bitter legal dispute has broken out between universities in the north-west of England over Bolton’s efforts to rename itself as the University of Greater Manchester despite the objections of its regional rival.’

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The Guardian, 6th June 2024

Source: www.theguardian.com

Non-binary Saudi influencer denied asylum in UK because officials ‘don’t believe they are really LGBT+’ – The Independent

Posted June 10th, 2024 in asylum, equality, harassment, homosexuality, immigration, news, Saudi Arabia by tracey

‘A non-binary social media influencer fleeing persecution in Saudi Arabia has been denied asylum in the UK because officials allegedly don’t believe they are really LGBT+.’

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The Independent, 9th June 2024

Source: www.independent.co.uk

Man found guilty of butting Roy Keane after Arsenal match – The Guardian

Posted June 7th, 2024 in assault, community service, news, sport by sally

‘A 43-year-old man has been handed a three-year football banning order after butting the TV pundit Roy Keane at a match. Scott Law, 43, was found guilty of common assault after he and Keane clashed last September.’

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The Guardian, 6th June 2024

Source: www.theguardian.com

Judge allows reporting of case where DNA tests established that three abandoned babies were full sibliings – Local Government Lawyer

‘A newborn baby abandoned in Newham, East London, has been found – following DNA testing – to be the third child abandoned by the same parents.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Prince Harry wins right to appeal against security ruling – The Guardian

Posted June 7th, 2024 in appeals, news, police, royal family, security companies by sally

‘The Duke of Sussex has been granted permission to appeal against the dismissal of his high court challenge over a change to his level of personal security when he visits the UK.’

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The Guardian, 6th June 2024

Source: www.theguardian.com

39 Essex Chambers June 2024 Mental Capacity Report – Mental Capacity Law and Policy

‘The June 2024 Mental Capacity Report is now out. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty;

(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online;

(3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases;

(4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting;

(5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test?

(6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.’

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Mental Capacity Law and Policy, 6th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Council begins demolition of “man cave” at centre of long-running planning enforcement battle

‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk