Blueprint for family court monitoring mechanism unveiled – Law Society’s Gazette

Posted November 30th, 2021 in domestic violence, family courts, news, pilot schemes, victims by sally

‘A monitoring mechanism to improve the family court’s response to domestic abuse will be piloted next spring, the domestic abuse commissioner and victims commissioner have revealed.’

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Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

‘Experienced’ LiP refused adjournment for pro bono counsel’s unavailability – Law Society’s Gazette

Posted November 30th, 2021 in adjournment, executors, litigants in person, negligence, news, pro bono work by sally

‘A High Court judge has refused a litigant’s plea to adjourn a hearing date on the basis his preferred barrister was double booked on that date.’

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Law Society's Gazette, 30th November 2021

Source: www.lawgazette.co.uk

Windrush: Care leavers say compensation is being denied – BBC News

Posted November 30th, 2021 in care orders, children, citizenship, colonies, compensation, immigration, news by sally

‘Government compensation is being denied to some Windrush victims who were in care as children, it is claimed.’

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BBC News, 30th November 2021

Source: www.bbc.co.uk

Gunman aged 14 sentenced to life for ‘evil’ murder of Birmingham schoolboy – The Independent

Posted November 30th, 2021 in murder, news, sentencing, young offenders by sally

‘A 14-year-old boy believed to be Britain’s youngest defendant convicted of a gun murder has been handed a life sentence and ordered to serve at least 16 years behind bars.
Yussuf Mustapha, who turned 14 just three weeks before he shot and killed Birmingham schoolboy Keon Lincoln, can now be named in media reports after a judge lifted an order protecting his identity.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Ban on Troubles prosecutions ‘legally dubious and morally corrupt’, says Hain – The Independent

Posted November 30th, 2021 in bills, homicide, inquests, news, Northern Ireland, prosecutions by sally

‘Controversial plans to ban prosecutions for Troubles murders are “legally dubious, constitutionally dangerous and morally corrupt”, a former Northern Ireland secretary has said.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Paralysed jockey Freddy Tylicki sues rider Graham Gibbons for £6m over fall – BBC News

Posted November 30th, 2021 in causation, horse racing, negligence, news, personal injuries by sally

‘Former Flat jockey Freddy Tylicki’s £6m negligence claim against fellow rider Graham Gibbons has begun in the High Court.’

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BBC News, 29th November 2021

Source: www.bbc.co.uk

Tougher penalties for child cruelty through ‘Tony’s Law’ – Ministry of Justice

Posted November 30th, 2021 in bills, child abuse, child cruelty, news, press releases, sentencing by sally

‘Child abusers will face more time behind bars after the Government confirmed plans to increase the maximum penalties for a range of cruelty offences.’

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Ministry of Justice, 30th November 2021

Source: www.gov.uk

Victims of sexual violence let down by UK asylum system, report says – The Guardian

Posted November 30th, 2021 in asylum, news, reports, sexual offences, victims by sally

‘Victims of sexual violence face further abuse and trauma as a result of the UK asylum process and are systematically let down by authorities, according to a report.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

FCDO racially discriminated against black senior civil servant, tribunal rules – The Guardian

‘The Foreign, Commonwealth and Development Office racially discriminated against a black senior civil servant after launching an inquiry into her sex life, an employment tribunal has ruled.’

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The Guardian, 30th November 2021

Source: www.theguardian.com

Carole Packman murder: Russell Causley returned to prison – BBC News

‘A murderer who refuses to reveal the whereabouts of his wife’s body has been returned to jail after breaching his parole licence conditions.’

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BBC News, 29th November 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 29th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Hussain & Anor v Secretary of State for the Home Department [2021] EWCA Civ 2781 (26 November 2021)

Ciftci v London Borough of Haringey [2021] EWA Civ 1772 (26 November 2021)

McKeown v Langer [2021] EWCA Civ 1792 (26 November 2021)

Carrington v Revenue And Customs [2021] EWCA Civ 1724 (26 November 2021)

Court of Appeal (Criminal Division)

Hunter & Anor, R. v [2021] EWCA Crim 1785 (26 November 2021)

High Court (Administrative Court)

S&S Consulting Services (UK) Ltd, R (On the Application Of) v Revenue And Customs [2021] EWHC 3174 (Admin) (26 November 2021)

Ok, R (On the Application Of) v The Royal Free London NHS Foundation Trust [2021] EWHC 3165 (Admin) (26 November 2021)

Youssef, R (On the Application Of) v The Secretary of State for Foreign, Commonwealth and Development Affairs [2021] EWHC 3188 (Admin) (26 November 2021)

High Court (Chancery Division)

Hall v Hall & Ors [2021] EWHC 3183 (Ch) (26 November 2021)

Bank of Scotland Plc v Hoskins [2021] EWHC 3190 (Ch) (26 November 2021)

High Court (Commercial Court)

Neath Port Talbot (Recycling) Ltd v James Heys & Sons Ltd [2021] EWHC 3157 (Comm) (26 November 2021)

High Court (Family Division)

Al Saleh v Nakeeb [2021] EWHC 3186 (Fam) (26 November 2021)

YP (Adoption of 18 Year Old) [2021] EWHC 3168 (Fam) (26 November 2021)

High Court (Patents Court)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2021] EWHC 3192 (Pat) (26 November 2021)

High Court (Queen’s Bench Division)

Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) (25 November 2021)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted November 29th, 2021 in legislation by sally

SI 2021/1323 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 19) Regulations 2021

SI 2021/1322 – The Equality Act 2010 (Commencement No. 16) (Wales and Scotland) Order 2021

SI 2021/1331 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 20) Regulations 2021

Source: www.legislation.gov.uk

Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog

‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.

Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’

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EIN Blog, 26th November 2021

Source: www.ein.org.uk

Mandatory vaccination for care home workers not unlawful nor in breach of ECHR – UK Human Rights Blog

‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer

‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Man-shed miscalculated – Local Government Lawyer

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

IBA report links wellbeing to equality and diversity – Legal Futures

Posted November 29th, 2021 in barristers, diversity, equality, legal profession, mental health, news, statistics by sally

‘Women, ethnic and other minorities and young people in the legal profession are most likely to suffer from depression, showing a link between wellbeing and issues of equality, diversity and inclusion, according to a high-level report.’

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Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

Ex-barrister wins appeal over first-ever life sentence for perverting justice – Legal Futures

‘A former barrister who received the first-ever life sentence for perverting the course of justice, over claims she made against another barrister, has won her appeal against sentence.’

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Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

Increased transparency in the family courts to be the way forward – Family Law

‘On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the “new norm”.’

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Family Law, 26th November 2021

Source: www.familylaw.co.uk