Profit making private providers of children’s care & breaches of Article 5 – Garden Court Chambers

Posted April 7th, 2022 in care homes, care orders, chambers articles, children, detention, family courts, human rights, local government, news by sally

‘For anyone concerned with the human rights of children AB (A Child: human rights) 2021 EWFC B100 is an essential read. The case concerned a 12-year-old boy, AB, who was placed under interim public law orders in foster care and then care homes run by Horizons Care Ltd. For several months, whilst awaiting a final hearing, AB had had his liberty restricted in a residential unit called Mill Cottage, in breach of his Article 5 rights.’

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Garden Court Chambers, 4th April 2022

Source: www.gardencourtchambers.co.uk

The Limits of Applications to Remove Litigation Friends – Shirazi v Susa [2022] EWHC 477 (Ch) – New Square Chambers

Posted April 7th, 2022 in case management, chambers articles, civil procedure rules, litigation friends, news by sally

‘Jian Jun (JJ) Liew explores the practical implications for applications to remove litigation friends arising from the recent High Court case of Shirazi v Susa [2022] EWHC 477 (Ch).’

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New Square Chambers, 28th March 2022

Source: www.newsquarechambers.co.uk

Cooke v Northwood (Solihull) Ltd; Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40 – Lamb Chambers

Posted April 7th, 2022 in appeals, chambers articles, company law, deposits, landlord & tenant, news by sally

‘The Court of Appeal answered the questions of whether an agent is able to sign (i) a certificate required as part of the prescribed information relating to tenancy deposits , (ii) a section 8 notice and it reiterated the position on statutory requirements and the validity of notices more generally.’

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Lamb Chambers, March 2022

Source: www.lambchambers.co.uk

Leicester parents take legal action after unborn baby dies – BBC News

Posted April 7th, 2022 in birth, causing death of children or vulnerable adults, children, health, hospitals, news, pregnancy by sally

‘A couple are taking legal action against a hospital trust following the death of their unborn son.’

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BBC News, 7th April 2022

Source: www.bbc.co.uk

High Court to rule on bid for injunction to block BBC story over ‘MI5 informant’ – The Independent

Posted April 7th, 2022 in attorney general, BBC, coercive & controlling behaviour, injunctions, intelligence services, news, public interest by sally

‘The High Court is due to give a ruling on whether the BBC can identify a “dangerous extremist and misogynist” who is allegedly an MI5 informant.’

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The Independent, 6th April 2022

Source: www.independent.co.uk

Taxing Issues – The Impact of The Thornhill Case – Hailsham Chambers

Posted April 7th, 2022 in chambers articles, indemnities, news, taxation by sally

‘In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill and considers the wider implications of this important judgment, both in the context of claims arising out of failed tax schemes and more generally.’

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Hailsham Chambers, 31st March 2022

Source: www.hailshamchambers.com

Slipping Claims and Evidential Burdens – Ropewalk Chambers

Posted April 7th, 2022 in accidents, burden of proof, chambers articles, compensation, damages, duty of care, news, personal injuries by sally

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

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Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

Council concedes High Court challenge to grant of prior approval over failure to undertake sufficient inquiries – Local Government Lawyer

Posted April 7th, 2022 in local government, news, planning by sally

‘A council has conceded a High Court challenge to its grant of prior approval for a maize storage bunker and effluent tanker on a farm, over its failure to undertake sufficient inquiries for the purposes of establishing that the application was for permitted development within the class.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Sam Davies murder: Four guilty of Lincoln hitman killing – BBC News

Posted April 7th, 2022 in murder, news by sally

‘Four men have been found guilty of murdering a man who was “executed in cold blood” in a Lincoln park.’

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BBC News, 6th April 2022

Source: www.bbc.co.uk

Man jailed for 30 years for using car as murder weapon – The Guardian

Posted April 7th, 2022 in grievous bodily harm, imprisonment, murder, news, robbery, sentencing by sally

‘A driver who left another man for dead in the road after dragging him more than half a mile in a “cruel” revenge attack will spend at least 30 years behind bars.’

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The Guardian, 6th April 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted April 7th, 2022 in education, employment, energy, legislation, nuclear power by sally

2022 c. 15 – Nuclear Energy (Financing) Act 2022

2022 c. 13 – Education (Careers Guidance in Schools) Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 7th, 2022 in legislation by sally

SI 2022/428 – The Social Security Benefits (Claims and Payments) (Modification) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 7th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Samsung Electronics Co. Ltd & Ors v LG Display Co. Ltd & Anor (Costs) [2022] EWCA Civ 466 (06 April 2022)

Chelfat v Hutchinson 3G UK Ltd [2022] EWCA Civ 455 (06 April 2022)

Volpi & Anor v Volpi [2022] EWCA Civ 464 (05 April 2022)

Sheakh, R (On the Application Of) v London Borough of Lambeth Council [2022] EWCA Civ 457 (05 April 2022)

Griffiths v Tickle & Ors (Re Disclosure by Counsel for Appellant and Application by First Respondent) [2022] EWCA Civ 465 (05 April 2022)

Court of Appeal (Criminal Division)

Paterson, R. v [2022] EWCA Crim 456 (06 April 2022)

High Court (Administrative Court)

Secretary of State for the Home Department v TL [2022] EWHC 825 (Admin) (06 April 2022)

Dr MXM v General Medical Council [2022] EWHC 817 (Admin) (06 April 2022)

High Court (Chancery Division)

Sheeran & Ors v Chokri & Ors [2022] EWHC 827 (Ch) (06 April 2022)

Denaxe Limited v Cooper & Anor [2022] EWHC 764 (Ch) (06 April 2022)

Hunt v Balfour-Lynn & Ors [2022] EWHC 784 (Ch) (06 April 2022)

High Court (Commercial Court)

Epoq Legal Ltd v Das Legal Expenses Insurance Company Ltd [2022] EWHC 759 (Comm) (06 April 2022)

High Court (Queen’s Bench Division)

Sivananthan v Vasikaran [2022] EWHC 837 (QB) (06 April 2022)

Source: www.bailii.org

Ed Sheeran wins Shape of You copyright case and hits out at ‘baseless’ claims – BBC News

Posted April 6th, 2022 in artistic works, copyright, intellectual property, news by sally

‘Ed Sheeran has won a High Court copyright battle over his 2017 hit Shape of You.’

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BBC News, 6th April 2022

Source: www.bbc.co.uk

Changes to the Law on Using a Mobile Phone While Driving – 4 King’s Bench Walk

Posted April 6th, 2022 in chambers articles, dangerous driving, news, road safety, telecommunications by sally

‘In 2003 the Road Vehicles (Construction and Use) (Amendment) Regulations created a specific offence of using a mobile phone while driving. Subsection 110(6)(a) of those Regulations states that a mobile telephone is to be treated as hand-held ‘if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function’.’

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4 King's Bench Walk, 25th March 2022

Source: www.4kbw.co.uk

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

Posted April 6th, 2022 in appeals, EC law, equality, housing, human rights, Judaism, landlord & tenant, local government, London, news, proportionality, race discrimination, Supreme Court by sally

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

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UKSC Blog, 4th April 2022

Source: ukscblog.com

No-Fault Divorce: Who’s to blame? – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, divorce, families, married persons, news by sally

‘Today [5 April], the long-awaited Divorce, Dissolution and Separation Act 2020 has finally come into force, and in this article, we look at what this will mean for divorce applications going forward.’

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33 Bedford Row, 5th April 2022

Source: www.33bedfordrow.co.uk

Can Arslan found guilty of murdering neighbour – BBC News

Posted April 6th, 2022 in expert witnesses, mental health, murder, news by sally

‘A man who subjected his neighbours to years of anti-social behaviour before stabbing one of them to death has been found guilty of murder.’

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BBC News, 5th April 2022

Source: www.bbc.co.uk

Autistic girl, 14, unlawfully detained in hospital, high court judge finds – The Guardian

Posted April 6th, 2022 in autism, children, detention, hospitals, news, restraint by sally

‘A 14-year-old autistic girl was unlawfully detained in hospital and restrained in front of scared young patients, a high court judge has found.’

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The Guardian, 5th April 2022

Source: www.theguardian.com

Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

Posted April 6th, 2022 in appeals, autism, chambers articles, evidence, expert witnesses, mental health, murder, news, young offenders by sally

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

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4 King's Bench Walk, 1st April 2022

Source: www.4kbw.co.uk