UK government sued over ‘pie-in-the-sky’ net-zero climate strategy – The Guardian

‘The UK government is being sued over its net zero climate strategy, which lawyers argue illegally fails to include the policies needed to deliver the promised cuts in emissions.’

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The Guardian, 12th January 2022

Source: www.theguardian.com

Bristol strip club ban ‘will put dancers in danger’ – BBC News

Posted January 12th, 2022 in consultations, local government, news, sexual offences, women by sally

‘Closing strip clubs in Bristol will push the sex industry underground and put dancers “into more danger”, a woman who works one of the venues says.’

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BBC News, 11th January 2022

Source: www.bbc.co.uk

Ombudsman finds London borough guilty of severe maladministration in handling of complaint about leak – Local Government Lawyer

Posted January 12th, 2022 in compensation, delay, housing, landlord & tenant, local government, news, ombudsmen, repairs by sally

‘A Housing Ombudsman investigation has found complaint handling failures at the London Borough of Ealing that amounted to severe maladministration, in a case in which a resident had to wait six years for a leaking roof to be replaced.’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

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Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Medical negligence claims process can be “inhumane experience” – Legal Futures

‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.

However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’

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Legal Futures, 12th January 2022

Source: www.legalfutures.co.uk

Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987 – Courts and Tribunals Judiciary

Posted January 12th, 2022 in housing, landlord & tenant, news, tribunals by sally

‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’

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Courts and Tribunals Judiciary , 11th January 2022

Source: www.judiciary.uk

Research briefing: Recall of Parliament – House of Commons Library

Posted January 12th, 2022 in news, parliament by sally

‘This briefing paper discusses the procedure for recalling Parliament, as well as providing details of recent occasions when Parliament has been recalled.’

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House of Commons Library , 11th January 2022

Source: commonslibrary.parliament.uk

Video-witnessed wills extended until 2024 – Law Society’s Gazette

‘Legislation introduced during the pandemic allowing wills to be witnessed over Zoom and Skype will be extended until January 2024, the government announced today.’

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Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Balancing transparency and confidentiality ‘really difficult’ – McFarlane – Law Society’s Gazette

‘Greater transparency is necessary for the public to have confidence in the family justice system but balancing openness with confidentiality will be “really difficult”, the president of the Family Division told MPs today.’

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Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Family welcomes decision to strike off nurse after woman killed herself – The Independent

‘The parents of a vulnerable young woman who killed herself after she was refused a psychiatric bed have welcomed a decision to strike off one of the nurses involved, saying they hoped the move would help other families “appallingly failed by mental health services”.’

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The Independent, 12th January 2022

Source: www.independent.co.uk

‘Trove of racial hatred’ exposed by investigation into online platforms – The Independent

Posted January 12th, 2022 in duty of care, hate crime, internet, news, racism, statistics by sally

‘Tech giants have come under fresh fire after an investigation exposed hundreds of thousands of hate profiles online.’

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The Independent, 12th January 2022

Source: www.independent.co.uk

Liver-branding transplant surgeon struck off medical register – The Guardian

‘A surgeon who burned his initials on to the livers of two patients during transplant surgery has been struck off the medical register.’

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The Guardian, 11th January 2022

Source: www.theguardian.com

HMP Hewell: Troubled prison improving but problems persist – BBC News

Posted January 12th, 2022 in news, prisons by sally

‘A prison previously described as “unfit for the 21st century” has improved.’

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BBC News, 12th January 2022

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 11th, 2022 in law reports by sally

High Court (Chancery Division)

Read v Eastern Counties Leather Group Ltd [2022] EWHC 31 (Ch) (11 January 2022)

Chandler v Lombardi [2022] EWHC 22 (Ch) (10 January 2022)

Various North Point Pall Mall Purchasers v 174 Law Solicitors Ltd [2022] EWHC 4 (Ch) (10 January 2022)

High Court (Commercial Court)

Barclays Bank Plc V Shetty [2022] EWHC 19 (Comm) (10 January 2022)

High Court (Queen’s Bench Division)

TVZ & Ors v Manchester City Football Club (Rev1) [2022] EWHC 7 (QB) (10 January 2022)

Martini & Anor v Royal And Sun Alliance Insurance Plc & Ors [2022] EWHC 33 (QB) (10 January 2022)

High Court (Technology and Construction Court)

The Sky’s the Limit Transformations Ltd v Mirza [2022] EWHC 29 (TCC) (10 January 2022)

Source: www.bailii.org

Reviewing Our Rights As 2022 Gets Started: Sex And Gender Identity – Each Other2487537737

‘Throughout 2021, Each Other reported on human rights issues across the UK, including those affecting people on account of their characteristics protected under the Equality Act. To usher in the new year, we are highlighting the issues that are particularly affecting five such groups in UK society, looking forward to the opportunities 2022 might afford and the challenges the year ahead might pose. In this mini-series, we focus on these five of the nine protected characteristics in the Equality Act: race, sex, sexual orientation, disability and religion.’

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Each Other, 10th January 2022

Source: eachother.org.uk

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

‘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