Local authority ordered to pay 85% of costs of wasted Court of Protection hearing – Local Government Lawyer

‘A local authority that was seeking to restrict a woman’s access to social media has been ordered to pay 85% of the Official Solicitor’s costs after the council was late in submitting assessments and a position statement.’

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Local Government Lawyer, 22nd March 2022

Source: www.localgovernmentlawyer.co.uk

Tommy Robinson fails to appear at High Court finances hearing – BBC News

Posted March 23rd, 2022 in bankruptcy, contempt of court, costs, defamation, news by sally

‘Tommy Robinson has failed to appear at the High Court for questioning over his finances after losing a libel case brought against him by a teenager.’

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BBC News, 22nd March 2022

Source: www.bbc.co.uk

Three girls in England held in male offender institution for months – The Guardian

Posted March 23rd, 2022 in mental health, Ministry of Justice, news, prisons, women, young offenders by sally

‘Three girls have been held in an all-boys prison for at least eight months owing to “appalling” and systemic failures in the prison system, MPs and campaigners have said.’

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The Guardian, 23rd March 2022

Source: www.theguardian.com

E-scooter speed restriction hacks ‘should be illegal’ – BBC News

Posted March 23rd, 2022 in news, road safety by sally

‘Privately-owned e-scooters are illegal to use on public highways, but are widely sold online and in shops. Most are restricted to 15.5mph.’

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BBC News, 23rd March 2022

Source: www.bbc.co.uk

Met’s handling of police corruption ‘not fit for purpose’ – The Independent

Posted March 23rd, 2022 in corruption, inquiries, murder, news, ombudsmen, police by sally

‘The Metropolitan Police’s approach to tackling corruption within its ranks is “fundamentally flawed” and is “not fit for purpose”, a watchdog has found.’

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The Independent, 22nd March 2022

Source: www.independent.co.uk

Guardian wins legal challenge over access to employment tribunal papers – The Guardian

‘Journalists should be provided with access to documents from employment tribunal cases even in the aftermath of a judgment, it has been ruled, after a successful legal challenge by the Guardian.’

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The Guardian, 22nd March 2022

Source: www.theguardian.com

Wales introduces ban on smacking and slapping children – The Guardian

Posted March 22nd, 2022 in corporal punishment, education, news, school children, Wales by sally

‘Smacking and slapping children has been outlawed in Wales, with people told to contact social services or police if they see a parent or carer meting out physical punishment.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 22nd, 2022 in legislation by sally

SI 2022/334 – The Civil Service (Other Crown Servants) Pension Scheme (Amendment) Regulations 2022

SI 2022/333 – The Pensions Increase (Review) Order 2022

SI 2022/327 – The National Health Service Pension Schemes (Amendment) Regulations 2022

SI 2022/323 – The Armed Forces Pensions (Amendment) Regulations 2022

SI 2022/320 – The Teachers’ Pension Scheme (Amendment) Regulations 2022

SI 2022/308 – The Cathedrals Measure 2021 (Saving Provision) Order 2022

SI 2022/346 – The Child Benefit and Tax Credits (Amendment) Regulations 2022

SI 2022/344 – The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2022

SI 2022/339 – The Allocation of Housing and Homelessness (Eligibility) (England) and Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) Regulations 2022

SI 2022/336 – The Police and Firefighters’ Pension Schemes (Amendment) Regulations 2022

SI 2022/297 – The Guaranteed Minimum Pensions Increase Order 2022

SI 2022/332 – The Social Security (Scotland) Act 2018 (Disability Assistance and Information-Sharing) (Consequential Provision and Modifications) Order 2022

SI 2022/292 – The Social Security Benefits Up-rating Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 22nd, 2022 in law reports by sally

Court of Appeal (Criminal Division)

Keal, R. v [2022] EWCA Crim 341 (18 March 2022)

High Court (Administrative Court)

Ali, R (On the Application Of) v Police Appeals Tribunal [2022] EWHC 646 (Admin) (18 March 2022)

Gray v Solicitors Regulation Authority Ltd [2022] EWHC 624 (Admin) (18 March 2022)

Social Work England v Wilson [2022] EWHC 627 (Admin) (18 March 2022)

High Court (Chancery Division)

Counsel General for Wales & Ors v Allen & Ors [2022] EWHC 647 (Ch) (21 March 2022)

Wineapp Ltd v Johnson [2022] EWHC 620 (Ch) (21 March 2022)

Kumar v Sharma & Ors [2022] EWHC 612 (Ch) (18 March 2022)

Morina & Ors v Scherbakova & Ors (Re Estate of Vladimir Alekseyevich Scherbakov) [2022] EWHC 609 (Ch) (18 March 2022)

Axnoller Events Ltd v Brake & Anor [2022] EWHC 622 (Ch) (18 March 2022)

Musst Holdings Ltd v Astra Asset Management UK Ltd & Ors [2022] EWHC 629 (Ch) (18 March 2022)

High Court (Commercial Court)

Astor Management AG & Anor v Atalaya Mining PLC & Ors [2022] EWHC 628 (Comm) (21 March 2022)

High Court (Queen’s Bench Division)

Milner v Barchester Healthcare Homes Ltd [2022] EWHC 593 (QB) (22 March 2022)

Hudson v Hathway [2022] EWHC 631 (QB) (21 March 2022)

Source: www.bailii.org

UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell – OUT-LAW.com

Posted March 22nd, 2022 in charities, climate change, company directors, derivative claims, energy, news by sally

‘UK businesses should be aware of a growing trend of climate change-based litigation according to one expert, after environmental law charity ClientEarth announced legal action against Shell.’

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OUT-LAW.com, 18th March 2022

Source: www.pinsentmasons.com

TCC’s useful reminder of limits of natural justice challenges to adjudicators’ decisions – Practical Law: Construction Blog

‘The case in question is Bilton and Johnson (Building) Co Ltd v Three Rivers Property Investments Ltd, which was heard by Mr Jason Coppell QC (sitting as a deputy High Court judge). I admit that the case doesn’t tell us anything new about the law of adjudication, but it is a useful reminder of the limits of natural justice challenges to adjudicators’ decisions, as well as the fact that whether an adjudicator’s findings are correct as a matter of law is not material to whether their decision should be enforced.’

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Practical Law: Construction Blog, 18th March 2022

Source: constructionblog.practicallaw.com

Must I share my future bonuses with my ex-spouse? – Family Law

Posted March 22nd, 2022 in divorce, family courts, financial provision, news, remuneration by sally

‘With predictions that bonuses in the banking sector will be high this year; this article considers how bonus payments are dealt with upon divorce and for how long after separation they might be shared with a former spouse or civil partner.’

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Family Law, 18th March 2022

Source: www.familylaw.co.uk

Immigration DNA testing: supporting an application with DNA evidence – Family Law

Posted March 22nd, 2022 in citizenship, DNA, evidence, families, immigration, news by sally

‘Casey Randall, Head of DNA at AlphaBiolabs, explores what family law professionals need to know about DNA testing for immigration purposes, including when a client might wish to submit DNA evidence, and which relationship tests are best for immigration applications.’

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Family Law, 18th March 2022

Source: www.familylaw.co.uk

Barristers to press ahead with legal aid action – Law Society’s Gazette

Posted March 22nd, 2022 in barristers, criminal justice, fees, industrial action, legal aid, news, remuneration by sally

‘Barristers will not be balloted on whether they are happy to accept the proposed £135m package of criminal legal aid reforms announced last week, the Criminal Bar Association has revealed.’

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Law Society's Gazette, 22nd March 2022

Source: www.lawgazette.co.uk

Home Office stops married couple being together for birth of first child – The Guardian

Posted March 22nd, 2022 in birth, freedom of movement, immigration, married persons, news by sally

‘A married couple have been left “broken” and in “shock” after being barred by the Home Office from being together for the birth of their first baby, due in the next few days.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

Police guidance on facial recognition technology ‘a hammer blow to privacy’ – The Independent

Posted March 22nd, 2022 in facial mapping, identification, news, police, privacy, victims, witnesses by sally

‘Innocent people like victims and potential witnesses could be placed on police watchlists under guidance on the use of facial recognition systems, civil liberties groups have warned.’

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The Independent, 22nd March 2022

Source: www.independent.co.uk

Judge to rule in police bid for Birmingham bombing journalist material – The Independent

Posted March 22nd, 2022 in disclosure, media, miscarriage of justice, news, police, terrorism by sally

‘A judge is expected to deliver his ruling in the case of a journalist who investigated the 1974 Birmingham pub bombings and resisted a police bid to force him to reveal his sources.’

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The Independent, 22nd March 2022

Source: www.independent.co.uk

Rapist jailed for 17 years after attacking again while on bail – The Guardian

Posted March 22nd, 2022 in bail, news, rape, sentencing, sexual offences by sally

‘A “cold, unempathetic, manipulative” student who raped and sexually attacked two women while he was on bail and being investigated for an earlier violent rape has been jailed for 17 years.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

Largest further education provider in London to appoint law firm to £1m contract – Local Government Lawyer

Posted March 21st, 2022 in education, law firms, legal services, news by sally

‘The largest further education provider in London, Capital City College Group (CCCG), is to appoint a legal services provider to a £1m, four-year contract.’

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Local Government Lawyer, 21st March 2022

Source: www.localgovernmentlawyer.co.uk

Two new cases where parents try to stop adoptions – Transparency Project

‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’

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Transparency Project, 20th March 2022

Source: www.transparencyproject.org.uk