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

‘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

‘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

‘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

Gay marriage-cake case declared inadmissible by Strasbourg Court – UK Human Rights Blog

‘Lee v. the United Kingdom (application no. 18860/19). The European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog

Posted January 10th, 2022 in appeals, human rights, news, Northern Ireland, Supreme Court, torture by sally

‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

Waste is only waste if we waste it* – Local Government Lawyer

Posted January 10th, 2022 in bills, environmental protection, food, local government, news, waste by sally

‘Michael Mousdale examines the measures in relation to waste enforcement and regulation set out in Part 3 of the Environment Act 2021 and assesses their impact on local authorities.’

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Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

Ombudsman recommends county council pay nearly £7k after boy left without education for two years – Local Government Lawyer

‘A boy with special education needs who received “virtually no” education for two years should be given £6,900 in compensation by Suffolk County Council, an investigation by the Local Government and Social Care Ombudsman has recommended.’

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Local Government Lawyer, 7th January 2022

Source: www.localgovernmentlawyer.co.uk

High Court strikes out law professor’s libel claims – Legal Futures

‘The High Court has struck out libel claims made by a former Warwick University law professor against two fellow academics, an investigator and a law student.’

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Legal Futures, 10th January 2022

Source: www.legalfutures.co.uk