Lewis Graham: Going beyond, and going against, the Strasbourg Court – UK Constitutional Law Association

Posted January 11th, 2022 in gender, human rights, interpretation, news, passports, Supreme Court, treaties by sally

‘Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time: no more but certainly no less”.’

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UK Constitutional Law Association, 11th January 2022

Source: ukconstitutionallaw.org

“Charlie’s law” proposed to allow parents to seek treatment for children abroad – UK Human Rights Blog

Posted January 11th, 2022 in bills, children, consent, medical treatment, news, parental rights by sally

‘A Private Members’ Bill before parliament which would allow parents of seriously ill children to seek treatment abroad is due to be debated this week. The Access to Palliative Care and Treatment of Children Bill 2019– 21 contains proposals to reform the law in response to recent high profile cases concerning the medical treatment of children (with specific reference to the case of Charlie Gard). The Bill, which has been tabled by palliative care professor Baroness Finlay, would stop judges making orders which prevent parents from taking their child abroad for treatment at any respected medical institution if there is no major risk of harm to them.’

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UK Human Rights Blog, 10th January 2022

Source: ukhumanrightsblog.com

Supreme Court to hear case on planning conditions and dedication of highways – Local Government Lawyer

Posted January 11th, 2022 in appeals, local government, news, planning, road safety, roads, Supreme Court by sally

‘The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Court of Protection authorises vaccination of autistic boy despite parental objections – Local Government Lawyer

Posted January 11th, 2022 in autism, children, consent, coronavirus, Court of Protection, disabled persons, learning difficulties, news, vaccination by sally

‘The benefits of vaccination against Covid-19 for a child with autism, severe learning disability and asthma “significantly outweigh” the possible risks, the Court of Protection has found, despite objections from the boy’s parents.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Law firm that held deposits defeats claim over failed property development – Legal Futures

Posted January 11th, 2022 in contracts, deposits, law firms, news, sale of land by sally

‘Investors who lost money in a failed property development in Liverpool should sue their former solicitors rather than the law firm which held and paid out their deposits, the High Court has ruled.’

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Legal Futures, 11th January 2022

Source: www.legalfutures.co.uk

Criminal bar explores appetite for action over legal aid – Law Society’s Gazette

Posted January 11th, 2022 in barristers, consultations, criminal justice, legal aid, news by sally

‘The Criminal Bar Association is asking practitioners if they would be prepared to escalate action if the government fails to commit by Valentine’s Day to increasing legal aid funding.’

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Law Society's Gazette, 10th January 2022

Source: www.lawgazette.co.uk

Bennell victims to appeal after losing High Court case against Manchester City – The Independent

Posted January 11th, 2022 in appeals, child abuse, news, sexual offences, sport, victims by sally

‘Eight men who were abused by paedophile Barry Bennell more than 30 years ago have said they will appeal after losing a High Court case against Manchester City.’

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The Independent, 10th January 2022

Source: www.independent.co.uk

Parliament watchdog will not open new investigation over Johnson’s flat refurb – The Guardian

Posted January 11th, 2022 in inquiries, news, parliament, political parties, standards by sally

‘Boris Johnson will not face a new investigation by the parliamentary standards commissioner, Kathryn Stone, over the refurbishment of the Downing Street flat, No 10 has confirmed.’

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The Guardian, 10th January 2022

Source: www.theguardian.com

France to push for EU-wide UK migration treaty over Channel crossings – The Guardian

Posted January 11th, 2022 in asylum, EC law, France, immigration, news, treaties by sally

‘France will press the EU to negotiate an asylum and migration treaty with the UK in an attempt to deter people from making the dangerous Channel crossing.’

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The Guardian, 10th January 2022

Source: www.theguardian.com

Jeremy Clarkson Diddly Squat Farm restaurant refused permission – BBC News

Posted January 11th, 2022 in agriculture, areas of outstanding natural beauty, local government, news, planning by sally

‘A planned new restaurant for TV personality Jeremy Clarkson’s Oxfordshire farm has been refused permission.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

Police forensic expert jailed after 3,000 crime scene and post-mortem images found on personal computer – The Independent

Posted January 11th, 2022 in guilty pleas, misfeasance in public office, murder, news, photography, police, sentencing, victims by sally

‘A police forensics expert who illegally stored images of murder victims and crime scenes on his own computer has been jailed for three years.’

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The Independent, 10th January 2022

Source: www.independent.co.uk

Sarah Everard inquiry to examine if ‘red flags’ over murderer Wayne Couzens were missed – The Independent

Posted January 11th, 2022 in inquiries, kidnapping, murder, news, police, rape by sally

‘The public inquiry into how a serving police officer was able to abduct, rape and murder Sarah Everard will look at whether any “red flags” were missed.’

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The Independent, 10th January 2022

Source: www.independent.co.uk

‘Sexual predator’ Tom Rodwell jailed for raping five women – BBC News

Posted January 11th, 2022 in news, rape, sentencing by sally

‘A “sexual predator” who raped five women he met on dating app Tinder has been jailed for a minimum of 12 years.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

Leaseholders will not have to pay to fix any fire risks, government pledges – The Guardian

Posted January 11th, 2022 in defective premises, fire, health & safety, leases, news, repairs, taxation by sally

‘New legislation will protect leaseholders from the costs of all post-Grenfell building safety defects, not just combustible cladding, the government has said.’

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The Guardian, 10th January 2022

Source: www.theguardian.com

HMP Styal: Prisoner who had stillborn baby ‘will never forgive jail’ – BBC News

Posted January 11th, 2022 in birth, news, ombudsmen, pregnancy, prisons by sally

‘A prisoner who gave birth to a stillborn baby in the toilet of a cell has said she “will never forgive the prison” for the “horror death”. Louise Powell, 31, who did not know she was pregnant, said she begged for an ambulance before her baby died at HMP Styal in Cheshire in 2020. She told BBC Newsnight she was left alone when she was “crying for help”.
The Prisons and Probations Ombudsman found there were “missed opportunities” to identify her urgent clinical needs.’

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BBC News, 11th January 2022

Source: www.bbc.co.uk

Barry Bennell: Men lose case against Manchester City over abuse – BBC News

Posted January 10th, 2022 in child abuse, children, employment, news, sexual offences, sport, vicarious liability by sally

‘Eight men who sued Manchester City after saying they were abused by paedophile Barry Bennell more than 30 years ago have lost a High Court fight.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 10th, 2022 in legislation by sally

SI 2022/14 – The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2022

SI 2022/10 – The Occupational Pension Schemes (Charges and Governance) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 10th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Eckland v Chief Constable of the Avon and Somerset Constabulary [2021] EWCA Civ 1961 (30 December 2021)

High Court (Administrative Court)

Ashchurch Rural Parish Council, R (On the Application Of) v Tewkesbury Borough Council [2022] EWHC 16 (Admin) (07 January 2022)

Luddington, Re Review of Minimum Term No.2 [2022] EWHC 3 (Admin) (07 January 2022)

Toth v High Court of Szolnok, Hungary [2022] EWHC 17 (Admin) (07 January 2022)

Source: www.bailii.org

Nationality and Borders Bill: many of the proposals will negatively affect children, not just those concerning them directly – EIN Blog

Posted January 10th, 2022 in asylum, bills, children, government departments, immigration, news, refugees, statistics, young persons by sally

‘Hadia (22), Mubin (16), and Hasti (7) along with their mother Khazal were among the 27 people who died in the Channel in November 2021, trying to reach the UK. Other children and young people like them have attempted the dangerous crossing or have made it across the Channel, though we don’t know how many. While not the majority, children do make up a significant proportion of the asylum-seeking population. Between 2010 and 2020, 86,533 children claimed asylum in the UK, while children made up almost a quarter (23%) of UK asylum applicants and dependents during that time. Most (62,321) claimed asylum with their families, making up 17% of asylum seekers overall. The remaining 6% claimed asylum on their own as unaccompanied asylum-seeking children.’

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EIN Blog, 7th January 2022

Source: www.ein.org.uk

Class actions in England and Wales – OUT-LAW.com

Posted January 10th, 2022 in civil procedure rules, class actions, competition, news by sally

‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing. These claims are commonly known as “class actions”, a term particularly popular in US litigation, though they are also often referred to as “group actions” or “collective actions” too. However, in fact, the various terms describe a range of different procedures. In this guide, which focuses on the position in England and Wales, we use the overarching phrase “mass actions”.’

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OUT-LAW.com, 7th January 2022

Source: www.pinsentmasons.com