Rehabilitation and retribution: In re JR123’s application – UK Human Rights Blog

‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’

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UK Human Rights Blog, 12rh November 2021

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted November 15th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Archer v The Commissioner of Police of the Metropolis [2021] EWCA Civ 1662 (12 November 2021)

Hajjaj v City of Westminster [2021] EWCA Civ 1688 (12 November 2021)

Court of Appeal (Criminal Division)

AAL, R. v [2021] EWCA Crim 1685 (12 November 2021)

High Court (Administrative Court)

Palmer & Anor, R (On the Application Of) v Northern Derbyshire Magistrates’ Court [2021] EWHC 3013 (Admin) (12 November 2021)

Norman & Anor v Adler & Anor [2021] EWHC 3029 (Admin) (12 November 2021)

High Court (Chancery Division)

Heslop v Heslop & Anor [2021] EWHC 2957 (Ch) (12 November 2021)

Mitchells & Butlers Pensions Ltd v Mitchells & Butlers Plc [2021] EWHC 3017 (Ch) (12 November 2021)

High Court (Queen’s Bench Division)

Chowdhury v PZU SA [2021] EWHC 3037 (QB) (12 November 2021)

Readie Construction Ltd v Geo Quarries Ltd [2021] EWHC 3030 (QB) (12 November 2021)

High Court (Technology and Construction Court)

Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC) (12 November 2021)

Source: www.bailii.org

The LADs are Alright – Local Government Lawyer

‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape – Local Government Lawyer

Posted November 15th, 2021 in appeals, dispute resolution, enforcement, insolvency, news by sally

‘Clare Mendelle and Sarah Wertheim take a look at guidance provided by the Court of Appeal regarding security arrangements for insolvent claimants in the post-Bresco landscape.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Racial discrimination on Northern Circuit “legitimised by silence” – Legal Futures

‘More than half of ethnic minority barristers on the Northern Circuit have experienced racial discrimination at the Bar, legitimised by the “silence and inaction” of others, research has found.’

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Legal Futures, 15th November 2021

Source: www.legalfutures.co.uk

Divorce can feel like a death, but what happens if the person you are divorcing actually passes away? – Family Law

Posted November 15th, 2021 in bereavement, divorce, families, family courts, financial dispute resolution, news by sally

‘It is often said that going through a divorce is similar to suffering a bereavement. However, what happens if the person you are divorcing actually dies midway through that process?’

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Family Law, 12th November 2021

Source: www.familylaw.co.uk

‘Great deal more to do’: senior judges report on diversity progress – Law Society’s Gazette

‘Senior judges have praised the progress made so far by a strategy to improve diversity on the bench since it was unveiled a year ago. However, the first annual update report stops short of guaranteeing higher numbers of judges from underrepresented groups next year, with the judiciary’s diversity chief acknowleding “there is a great deal more to do”.’

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Law Society's Gazette, 12th November 2021

Source: www.lawgazette.co.uk

News focus: Where next for mass claims? – Law Society’s Gazette

‘The Supreme Court’s ruling in Lloyd, blocking a multi-billion-pound claim against Google, exposes the lack of legislation providing redress in mass claims. But CPR 19.6 could offer a way forward.’

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Law Society's Gazette, 15th November 2021

Source: www.lawgazette.co.uk

Loophole in the law leaves patients at risk of abuse and sexual assault – The Independent

‘A loophole in the law is leaving vulnerable patients at risk of abuse and sexual assault by unregulated private ambulance staff, The Independent can reveal. While many private ambulance providers are regulated, a small number, such as those providing services at events, those providing first aid, and those who are subcontracted, fall outside the reach of the Care Quality Commission (CQC).’

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The Independent, 14th November 2021

Source: www.independent.co.uk

Landmark sickle cell disease inquiry finds evidence of racism in patient care – The Independent

Posted November 15th, 2021 in health, hospitals, inquiries, medical treatment, news, race discrimination, racism by sally

‘Sickle cell patients are grappling with racism in the NHS that is placing their lives at risk, a groundbreaking parliamentary report has highlighted.’

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The Independent, 15th November 2021

Source: www.independent.co.uk

Universal credit claimants were sent unlawful demands to repay, says charity – The Guardian

Posted November 15th, 2021 in benefits, charities, coronavirus, government departments, identification, news by sally

‘The Department for Work and Pensions has unlawfully told “significant” numbers of people who legitimately claimed universal credit at the start of the pandemic to repay money often totalling thousands of pounds, a charity has claimed.’

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The Guardian, 13th November 2021

Source: www.theguardian.com

Police will not investigate cash-for-peerages allegations against Tories – The Independent

‘The Metropolitan Police will not investigate allegations that Conservative donors were given peerages in return for gifts totalling £3m or more.’

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The Independent, 13th November 2021

Source: www.independent.co.uk

Windrush compensation scheme has ‘concerning weaknesses’, says charity – The Guardian

‘There are “concerning weaknesses” in the Windrush compensation scheme, according to a legal charity that has called for the programme to be taken out of the Home Office.’

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The Guardian, 15th November 2021

Source: www.theguardian.com

Keeping family disputes away from the courts – is there light at the end of the tunnel? – Family Law

Posted November 12th, 2021 in dispute resolution, families, family courts, news by sally

‘Earlier this month industry experts gathered at the Jersey International Family Law Conference 2021 to hear from a range of key spokespeople, decision makers and opinion formers on a whole host of hot topics. Perhaps most notably, certainly for my colleagues and I at National Family Mediation, was the address by Sir Andrew McFarlane – the residing President of the Family Division – who took the opportunity to outline some of his priorities and what it was he wants to achieve before he (in his words!) hangs up his ‘wig and flashy robes’ in three years’ time.’

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Family Law, 12th November 2021

Source: www.familylaw.co.uk

Statutory Instruments – legislation.gov.uk

Posted November 12th, 2021 in legislation by sally

SI 2021/1260 – The Exempt Charities Order 2021

SI 2021/1255 – The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2021

SI 2021/1251 – The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021

Source: www.legislation.gov.uk

BAILII: recent Decisions

Posted November 12th, 2021 in law reports by sally

Supreme Court

Lloyd v Google LLC [2021] UKSC 50 (10 November 2021)

Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2021] UKSC 51 (10 November 2021)

Court of Appeal (Civil Division)

Ravendark Holdings Ltd v Rotenberg & Ors [2021] EWCA Civ 1661 (10 November 2021)

Hunt v Annolight Ltd & Ors [2021] EWCA Civ 1663 (10 November 2021)

Optis Cellular Technlogy LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWCA Civ 1619 (10 November 2021)

Court of Appeal (Criminal Division)

Cousins v R. [2021] EWCA Crim 1664 (10 November 2021)

High Court (Administrative Court)

TVN, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 3019 (Admin) (11 November 2021)

Gallagher Ventures Ltd, R (On the Application Of) v Secretary of State for Housing Communities And Local Government & Anor [2021] EWHC 3007 (Admin) (11 November 2021)

Zborowski (review of the tariff) [2021] EWHC 3005 (Admin) (10 November 2021)

Cava Bien Ltd, R (On the Application Of) v Milton Keynes Council [2021] EWHC 3003 (Admin) (10 November 2021)

Klar v Court of First Instance Brussels (Belgium) [2021] EWHC 3001 (Admin) (10 November 2021)

High Court (Chancery Division)

Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd & Ors [2021] EWHC 3015 (Ch) (11 November 2021)

Petitioner v Company (Preliminary Hearing Under Schedule 10 to CIGA) [2021] EWHC 2905 (Ch) (11 November 2021)

Money v AB [2021] EWHC 2999 (Ch) (10 November 2021)

High Court (Commercial Court)

Patisserie Holdings PLC & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) (10 November 2021)

High Court (Queen’s Bench Division)

MBR Acres Ltd & Ors v MBR Beagles & Ors [2021] EWHC 2996 (QB) (10 November 2021)

Silverman v Ryanair DAC (Rev1) [2021] EWHC 2955 (QB) (10 November 2021)

High Court (Technology and Construction Court)

Crest Nicholson Operations Ltd & Anor v Grafik Architects Ltd & Anor [2021] EWHC 2948 (TCC) (10 November 2021)

Source: www.bailii.org

Review or repetition? – Nearly Legal

Posted November 12th, 2021 in electronic mail, homelessness, housing, judicial review, London, news by sally

‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’

Full Story

Nearly Legal, 11th November 2021

Source: nearlylegal.co.uk

Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog

‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’

Full Story

Ropewalk Clinical Negligence Blog, 11th November 2021

Source: www.ropewalk.co.uk

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, public interest by sally

‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

Full Story

UK Constitutional Law Association, 9th November 2021

Source: ukconstitutionallaw.org

Jason Varuhas: Remedial Reform Part 1: Rationale – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, Supreme Court by sally

‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

Full Story

UK Constitutional Law Association, 3rd November 2021

Source: ukconstitutionallaw.org