Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

Death classifications expanded after serial killer inquests – BBC News

‘The national police approach to investigating unexplained deaths is to be reformed following the inquests for victims of serial killer Stephen Port.’

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BBC News, 20th April 2022

Source: www.bbc.co.uk

Going backwards: statutory sick pay after the pandemic – by Dr Lisa Rodgers – UK Labour Law

‘The coronavirus pandemic has seen unprecedented interference by governments in many aspects of our working lives. In terms of labour law, some of the changes made by the UK government during the pandemic have been deregulatory and served to erode protection for workers (for example, through increasing flexibility in working time for key workers: Working Time (Coronavirus) (Amendment) Regulations 2020. For the most part though, these changes have increased worker protection and provided significant support for UK businesses and employees. The two furlough schemes, the Coronavirus Job Retention Scheme (CJRS) and the accompanying Self-Employment Income Support Scheme have been widely judged as pandemic success stories, with the CJRS supporting 11.6 million people and playing a clear role in limiting job losses. Likewise, changes to the sick pay system during the pandemic have been positive, serving to increase access to the scheme and reduce the administrative burden on both employees and their employers.’

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UK Labour Law, 12th April 2022

Source: uklabourlawblog.com

Dagenham Iceland killing: Father and son given life sentences – BBC News

Posted April 20th, 2022 in imprisonment, murder, news, sentencing by sally

‘A father and son who repeatedly ran over a man in front of witnesses in a car park have received life sentences for his murder.’

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BBC News, 18th April 2022

Source: www.bbc.co.uk

Teacher wins £850k settlement following classroom assault – Local Government Lawyer

‘A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.’

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Local Government Lawyer, 19th April 2022

Source: www.localgovernmentlawyer.co.uk

Trial of Extinction Rebellion co-founder delayed pending High Court judgment – The Independent

‘The criminal damage trial of the co-founder of Extinction Rebellion has been delayed pending a High Court judgment over the toppling of Edward Colston’s statue in Bristol.’

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The Independent, 19th April 2022

Source: www.independent.co.uk

Leeds burger van’s Madeleine McCann posts ruled offensive – BBC News

Posted April 20th, 2022 in advertising, children, complaints, families, missing persons, news, ombudsmen by sally

‘Adverts by a takeaway firm featuring Madeleine McCann were likely to cause distress and offence, the Advertising Standards Authority (ASA) has ruled.’

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BBC News, 20th April 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 19th, 2022 in legislation by michael

SI 456/2022 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 23) Order 2022

SI 454/2022 – The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2022

SI 453/2022 – The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2022

SI 452/2022 – The Russia (Sanctions) (EU Exit) (Amendment) (No. 8) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 19th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022)

Cadogan Holdings Ltd v Alberti [2022] EWCA Civ 499 (13 April 2022)

High Court (Chancery Division)

Force India Formula One Team Ltd, Re [2022] EWHC 933 (Ch) (14 April 2022)

Smith & Anor v Gregory & Anor [2022] EWHC 910 (Ch) (13 April 2022)

On the Beach Ltd v Ryanair UK Ltd & Anor [2022] EWHC 861 (Ch) (13 April 2022)

Hoegh & Anor v Taylor Wessing Llp & Anor [2022] EWHC 856 (Ch) (13 April 2022)

Secretary of State for Business, Energy and Industrial Strategy v Adam & Ors [2022] EWHC 922 (Ch) (13 April 2022)

Tosi Ltd v 99 Hippos Ltd and Fairclough (specific disclosure) (Rev1) [2022] EWHC 878 (Ch) (13 April 2022)

Makki v Bank of Beirut SAL [2022] EWHC 733 (Ch) (13 April 2022)

High Court (Commercial Court)

JJH Enterprises Ltd (Trading As ValueLicensing) v Microsoft Corporation & Ors [2022] EWHC 929 (Comm) (14 April 2022)

High Court (Queen’s Bench Division)

Dudley v Phillips [2022] EWHC 930 (QB) (14 April 2022)

Mathieu v Hinds & Anor [2022] EWHC 924 (QB) (13 April 2022)

Source: www.bailii.org.uk

 

Bringing [Dis]Ability to the Bar – Counsel

Posted April 19th, 2022 in barristers, disabled persons, news by sally

‘Mary Prior QC profiles the founders of BDABar, Konstantina Nouka and James Ekin, who are determined to improve accessibility, support and inclusivity at the Bar, and dismantle the barriers that disabled aspiring barristers face.’

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Counsel, April 2022

Source: www.counselmagazine.co.uk

EPA prosecution costs – Nearly Legal

‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’

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Nearly Legal, 18th April 2022

Source: nearlylegal.co.uk

Tetyana Krupiy: The Modern Bill of Rights creates barriers to challenging algorithmic decisions – UK Constitutional Law Association

Posted April 19th, 2022 in artificial intelligence, benefits, electronic filing, fraud, human rights, news by sally

‘Challenging inaccurate decisions of public authorities which fundamentally impact the life of the British public, could soon be harder. The UK government plans to replace the Human Rights Act 1998 with a Modern Bill of Rights. Its package of law reform proposals will make it very hard, and in some cases impossible, for individuals to challenge decisions produced by the operation of artificial intelligence decision-making processes in court. While individuals who experience discrimination in their daily lives will be particularly affected, all individuals will face barriers to accessing justice. This development is important in light of the fact that the UK government formulated a strategic priority in 2017 to create conditions for the growth of the artificial intelligence industry in the United Kingdom. As a follow up the UK government set up the Government Digital Service and the Office for Artificial Intelligence in 2019 in order to inform public authorities about how they can embed artificial intelligence technology into the provision of public services. This suggests that public authorities will make increasing reliance on the employment of artificial intelligence decision-making processes. The Department for Work and Pensions (DWP) is already using artificial intelligence technology to detect which individuals are fraudulently claiming benefits.’

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UK Constitutional Law Association, 19th April 2022

Source: ukconstitutionallaw.org

Lessons learnt: An accessibility journey for the Bar – Counsel

Posted April 19th, 2022 in barristers, disabled persons, listed buildings, news by sally

‘A call to action on access: Dr Gregory Burke’s stark “lessons learnt” as a disabled barrister and why chambers are showing a “failure of imagination”.’

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Counsel, April 2022

Source: www.counselmagazine.co.uk

Outsourcing asylum seekers: the case of Rwanda and the UK – EIN Blog

Posted April 19th, 2022 in asylum, human rights, news, refugees by sally

‘UK Prime Minister Boris Johnson announced on April 14 2022 that Britain would relocate some asylum seekers arriving in the UK to Rwanda. The plan was condemned by the opposition as well as human rights groups such as Amnesty International. The UK has settled on Rwanda after earlier reports that it had been considering Albania and Ghana. In the light of the latest developments, Cristiano d’Orsi, an expert on the law and asylum seekers, provides insights into why Rwanda.’

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EIN Blog, 14th April 2022

Source: www.ein.org.uk

Barrister with council tax conviction fails in disbarment appeal – Legal Futures

Posted April 19th, 2022 in appeals, barristers, council tax, disciplinary procedures, disclosure, fraud, news by sally

‘The High Court has rejected an appeal from a barrister disbarred after a council tax conviction and submission of dishonest evidence to a Crown Court.’

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Legal Futures, 19th April 2022

Source: www.legalfutures.co.uk

Rape victims failed by UK criminal courts are being forced to seek justice elsewhere – The Guardian

Posted April 19th, 2022 in civil justice, damages, news, private prosecutions, prosecutions, rape, victims by sally

‘With prosecutions at an all-time low, some women are turning to civil courts – but the process can be difficult and expensive.’

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The Guardian, 19th April 2022

Source: www.theguardian.com

Easter Break

Posted April 14th, 2022 in holidays, news by sally

There will be no posts over the Easter period. We will resume posting on 19th April 2022

‘£33 quadrillion’ serial litigant given two-year court ban – Law Society’s Gazette

‘A serial litigant who has “repeatedly advanced baseless allegations of dishonesty and bad faith” in a litany of claims has been banned from bringing claims in the High Court for two years.’

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Law Society's Gazette, 13th April 2022

Source: www.lawgazette.co.uk

Financial Remedy Update, April 2022 – Family Law Week

Posted April 14th, 2022 in children, divorce, families, family courts, financial provision, news by sally

‘Stephanie Hawthorn, Abigail Pearse and Victoria Potts, associates, and Holly Morrison-Carter, trainee, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during March 2022.’

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Family Law Week, 13th April 2022

Source: www.familylawweek.co.uk

Treat family separations “as transactions, not litigation” – Legal Futures

Posted April 14th, 2022 in costs, dispute resolution, divorce, families, family courts, judges, news by sally

‘Family separation cases should “operate in a transactional way, as with conveyancing, rather than under the banner of litigation”, the chair of the Family Solutions Group has argued.’

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Legal futures, 14th April 2022

Source: www.legalfutures.co.uk