Re W – a successful appeal against a placement and care order (and a costs order against the LA) – Transparency Project

Posted February 14th, 2020 in adoption, appeals, care orders, children, costs, families, fostering, local government, news by sally

‘The appellant is the great-aunt of J, a child who was the focus of care proceedings that began in 2017. J’s mother accepted early on that she could not care for him and the proceedings focused on assessment of his great-aunt instead. Throughout the care proceedings the great-aunt was unrepresented (and for most of it, not a party). She is a formidable woman.’

Full Story

Transparency Project, 13th February 2020

Source: www.transparencyproject.org.uk

Review launched into East Kent NHS trust after baby deaths – The Guardian

‘The government has announced an independent review into maternity services at an NHS trust where a number of babies have died.’

Full Story

The Guardian, 13th February 2020

Source: www.theguardian.com

Commercial Court aims to tackle listing issues – Litigation Futures

‘The Commercial Court has pledged to try and eliminate listing issues that have occurred in the past year amid a reduction in the number of available judges.’

Full Story

Litigation Futures, 13th February 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 14th, 2020 in legislation by tracey

The Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2020

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2020

The Family Procedure (Amendment) Rules 2020

The Office of Communications (Provision of Information) Regulations 2020

The Energy Act 2004 (Assistance for Areas with High Distribution Costs) (Amendment) Order 2020

Source: www.legislation.gov.uk

7/7 survivor Thelma Stober to lead Grenfell memorial commission – The Guardian

Posted February 14th, 2020 in accidents, bereavement, fire, monuments, news, victims by sally

‘A survivor of the 7/7 terror attacks is to lead plans for a memorial commemorating the victims of the Grenfell Tower fire. Thelma Stober, a lawyer badly injured in the 2005 attack at Aldgate, will co-chair a commission to try to decide how to remember the 72 people killed by the fire at the west London tower block.’

Full Story

The Guardian, 14th February 2020

Source: www.theguardian.com

Employees and child protection issues – Local Government Lawyer

‘The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.’

Full Story

Local Government Lawyer, 14th February 2020

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted February 14th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 (13 February 2020)

Court of Appeal (Criminal Division)

RT & Anor, R. v [2020] EWCA Crim 155 (13 February 2020)

High Court (Administrative Court)

Sainsbury’s Supermarkets Ltd v Secretary of State for Housing, Communities And Local Government and Anor [2020] EWHC 270 (Admin) (13 February 2020)

Weed, R. (On the Application Of) v Commissioner of Police of the Metropolis [2020] EWHC 287 (Admin) (13 February 2020)

High Court (Queen’s Bench Division)

Ryan v Hackett [2020] EWHC 288 (QB) (13 February 2020)

W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) [2020] EWHC 279 (QB) (12 February 2020 )

Source: www.bailii.org

Solicitor faked email to cover inaction – Legal Futures

‘A solicitor claiming to have become overwhelmed by pressure of work has been struck off after dishonestly misleading clients that she had made court applications.’

Full Story

Legal Futures, 14th February 2020

Source: www.legalfutures.co.uk

Branston murders: Man jailed for killing mother and her partner – BBC News

Posted February 14th, 2020 in families, imprisonment, mental health, murder, news, sentencing by sally

‘A man who strangled his mother and battered her partner with a hammer to see “how he would feel if he killed” has been jailed for at least 32 years.’

Full Story

BBC News, 13th February 2020

Source: www.bbc.co.uk

Unfit expert hit with £89k third-party costs order – Litigation Futures

Posted February 14th, 2020 in costs, expert witnesses, negligence, news, third parties by sally

‘A circuit judge has made a “highly unusual” and large third-party costs order against a claimant’s medical expert witness, whose “improper, unreasonable, or negligent conduct” doomed the case.

Full Story

Litigation Futures, 14th February 2020

Source: www.litigationfutures.com

Touts found guilty of fraud over £11m ticket reselling scheme – The Guardian

Posted February 14th, 2020 in fraud, news by sally

‘Two of the UK’s most prolific ticket touts have been found guilty of fraud, in an important case that could have significant implications for people who buy tickets to sell them for profit.’

Full Story

The Guardian, 13th February 2020

Source: www.theguardian.com

Adjacent flats: a new installation for Tate Modern? – UK Human Rights Blog

Posted February 14th, 2020 in appeals, housing, injunctions, news, nuisance, planning by sally

‘The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)’

Full Story

UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Recognising marriages in non-recognised jurisdictions: MM v NA – Law and Religion UK

Posted February 13th, 2020 in news by tracey

‘The couple had married in the Republic of Somaliland in 2012 in a religious ceremony, in a further ceremony attended by family and friends, and finally by registration in the local district court in Hargeisa [1]. They had what Roberts J described as “a very happy and settled relationship” [2] and they regarded themselves as husband and wife. They were prepared to undergo a further civil ceremony in this country, but the local registrar took the view that they could not do so because they might already be married to one another [2]. The problem was that at the time the couple registered their marriage at the district court in Hargeisa, the Republic of Somaliland was not recognised by the United Kingdom as an independent legal jurisdiction [3] – so the issue arose as to whether or not, in those circumstances, they could be regarded as married under the law of England and Wales.’

Full Story

Law and Religion UK, 10th February 2020

Source: www.lawandreligionuk.com

High Court adds 255 claimants to group freezing order – OUT-LAW.com

Posted February 13th, 2020 in news by tracey

‘The High Court in London has agreed to add a further 255 claimants to a case brought by Colombian farmers against a major oil company, despite there being an interim freezing order against the company already in place.’

Full Story

OUT-LAW.com, 12th February 2020

Source: www.pinsentmasons.com

Sexual abuse: a third party’s fault? – UK Human Rights Blog

Posted February 13th, 2020 in news by tracey

‘On 30 January 2020, Mr Justice Chamberlain gave judgment in BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation of Jehovah’s Witnesses [2020] EWHC 156 (QB), making an important contribution to the law of vicarious liability.’

Full Story

UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Human Rights in the Supreme Court in 2020 – Lewis Graham – UK Human Rights Blog

Posted February 13th, 2020 in news by tracey

‘It is undeniable that the Human Rights Act has had a significant impact on the work of the Supreme Court. Just under a quarter (14 of 61) of cases decided during the Court’s 2018-19 term featured a determination on at least one issue relating to the Act or the European Convention on Human Rights. The UK Supreme Court is soon to begin Hilary Term 2020, and whilst the docket of cases it is set to hear this term seems to largely steer clear of controversial human rights issues we can nonetheless be confident that 2020 will feature its usual share of big human rights cases. What follows is a short preview of some of the more interesting and controversial of those cases, all of which the Court is due to hand down at some point this year.’

Full Story

UK Human Rights Blog, 12th February 2020

Source: ukhumanrightsblog.com

Sexual assault claims ‘gagged’ by UK universities – BBC News

Posted February 13th, 2020 in bullying, news, non-disclosure agreements, sexual offences, standards, universities by tracey

‘UK universities are using “gagging” clauses to stop students from going public with complaints of sexual assault, bullying and poor teaching.’

Full Story

BBC News, 12th February 2020

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 13th, 2020 in legislation by tracey

The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020

The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020

The Local Government (Structural Changes) (Further Financial Provisions and Amendment) (Amendment) Regulations 2020

The Elections (Policy Development Grants Scheme) (Amendment) Order 2020

The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020

The Inspectors of Education, Children’s Services and Skills Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 13th, 2020 in law reports by tracey

Supreme Court

Jalloh, R (on the application of) v Secretary of State for the Home Department [2020] UKSC 4 (12 February 2020)

Court of Appeal (Civil Division)

Renew Land Developments Ltd v Welsh Ministers [2020] EWCA Civ 143 (13 February 2020)

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd [2020] EWCA Civ 145 (12 February 2020)

Fearn & Ors v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 (12 February 2020)

ZA (Pakistan), R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 146 (12 February 2020)

Court of Appeal (Criminal Division)

Odum-Toland v R. [2020] EWCA Crim 124 (12 February 2020)

The Attorney General v Peck [2020] EWCA Crim 147 (12 February 2020)

Murphy, R. v [2020] EWCA Crim 137 (12 February 2020)

High Court (Administrative Court)

National Crime Agency, Re [2020] EWHC 268 (Admin) (12 February 2020)

Wilbur Developments Ltd, R (On the Application Of) v Hart District Council [2020] EWHC 227 (Admin) (11 February 2020)

High Court (Chancery Division)

Bell & Anor v Ide & Ors [2020] EWHC 230 (Ch) (12 February 2020)

Kelly v Brennan & Ors (Rev 1) [2020] EWHC 245 (Ch) (12 February 2020)

High Court (Commercial Court)

A & Anor v C & Ors (Rev 1) [2020] EWHC 258 (Comm) (12 February 2020)

High Court (Family Division)

Moutreuil v Andreewitch & Anor [2020] EWHC 252 (Fam) (12 February 2020)

High Court (Queen’s Bench Division)

Sakho & Anor v World Anti-Doping Agency [2020] EWHC 251 (QB) (11 February 2020)

Source: www.bailii.org

Speech by The Hon Mr Justice MacDonald: Family Law – Past and Future – Courts and Tribunals Judiciary

Posted February 13th, 2020 in children, family courts, news, speeches by tracey

‘Speech by The Hon Mr Justice MacDonald: Family Law – Past and Future.’

Full speech

Courts and Tribunals Judiciary, 10th February 2020

Source: www.judiciary.uk