The authority of Property and Affairs Deputies – Local Government Lawyer

Posted November 12th, 2021 in Court of Protection, deputyship, disabled persons, local government, news by sally

‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer

‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by sally

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Lord Justice Haddon-Cave pens article for the Australian Law Journal – Courts and Tribunals Judiciary

Posted November 12th, 2021 in courts, judges, news, terrorism, trials by sally

‘Lord Justice Haddon-Cave has written an article about the conduct of terrorism trials in England and Wales for a special edition of the Australian Law Journal on “National Security and the Law”.’

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Courts and Tribunals Judiciary, 11th November 2021

Source: www.judiciary.uk

Soldier suicide in Windsor prompts coroner to issue recommendations – BBC News

‘A soldier’s suicide has prompted a coroner to issue a series of recommendations to the Army to prevent similar deaths in the future.’

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BBC News, 11th November 2021

Source: www.bbc.co.uk

New Home Office policy risks ‘driving human trafficking victims underground’, experts warn – The Independent

‘Experts have warned that victims of trafficking risk being “driven underground” under new Home Office plans to grant immigration enforcement teams the power to decide on modern slavery cases.’

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The Independent, 12th November 2021

Source: www.independent.co.uk

Britain First activist faces retrial for alleged assault at hotel housing asylum seekers – The Independent

Posted November 12th, 2021 in assault, asylum, coronavirus, hotels, immigration, news, political parties, retrials by sally

‘Magistrates have set aside the conviction of a Britain First activist accused of assaulting a security guard at a hotel housing asylum seekers. James White, 31, will face a retrial for assault at Coventry Magistrates’ Court on 7 March. He was found guilty of the offence in his absence on Monday, but the conviction was ruled unsafe two days later after his lawyer successfully argued proceedings had gone ahead unfairly.’

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The Independent, 11th November 2021

Source: www.independent.co.uk

No 10 faces legal challenge to PM’s support for Priti Patel on bullying claims – The Guardian

Posted November 12th, 2021 in bullying, codes of practice, government departments, judicial review, news by sally

‘The government faces a legal challenge to Boris Johnson’s decision to back Priti Patel over bullying allegations, throwing a fresh spotlight on the prime minister’s approach to ethics in public life.’

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The Guardian, 12th November 2021

Source: www.theguardian.com

Alder Hey NHS Trust must pay boy £27m over brain injuries – BBC News

Posted November 12th, 2021 in children, compensation, damages, families, hospitals, negligence, news, personal injuries by sally

‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’

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BBC News, 11th November 2021

Source: www.bbc.co.uk

Too many witness statements prepared in breach of proper professional standards, says top family judge – Local Government Lawyer

Posted November 11th, 2021 in codes of practice, families, family courts, judges, news, practice directions, witnesses by sally

‘The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out how witness statements should be prepared for use in the Family Courts to ensure they meet proper professional standards.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

‘No evidence’ that longer prison sentences will deter terrorists, watchdog warns – The Independent

‘There is “no evidence” that jailing terrorists for longer will deter them from planning terror attacks, a watchdog has warned.’

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The Independent, 10th November 2021

Source: www.independent.co.uk

Greenwich hotel murder: Serial abuser guilty of killing girlfriend – BBC News

Posted November 11th, 2021 in domestic violence, families, kidnapping, murder, news, rape, sexual offences, women by sally

‘A “serial abuser of women” has been found guilty of murdering his girlfriend at a south-east London hotel.’

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BBC News, 10th November 2021

Source: www.bbc.co.uk

Top UK court blocks legal action against Google over internet tracking – The Guardian

‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’

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The Guardian, 10th November 2021

Source: www.theguardian.com

Police forensic expert admits storing photos of crime scene corpses on his computer – The Independent

‘A former digital forensic police expert had admitted to unlawfully accessing and storing photos of corpses on his personal computer.’

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The Independent, 9th November 2021

Source: www.independent.co.uk

Man guilty of murdering teenager at south Wales Chinese takeaway – The Independent

Posted November 10th, 2021 in attempted murder, murder, news by sally

‘A man has been found guilty of killing a teenager and attempting to murder her stepfather at a family-run Chinese takeaway in Wales.’

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The Independent, 9th November 2021

Source: www.independent.co.uk

SFO v Petrofac: Plea bargain versus DPAs and the importance of good compliance – 5SAH

‘On 4 October 2021, Petrofac Limited (“Petrofac”) was sentenced at Southwark Crown Court following guilty pleas to seven counts of failing to prevent bribery contrary to section 7 of the Bribery Act 2010. This followed a four-year corruption and money laundering investigation conducted by the Serious Fraud Office (“the SFO”) and the earlier guilty pleas of David Lufkin, former Global Head of Sales, who was sentenced on the same occasion. This followed pre-charge plea discussions between the parties with agreement being reached as to scope of the indictment and approach to sentencing.’

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5SAH, 19th October 2021

Source: www.5sah.co.uk

Judge issues ruling on use of inherent jurisdiction where placements will not or cannot comply with practice guidance issued by Family President – Local Government Lawyer

‘A High Court judge has handed down a ruling on whether it remains open to the court to exercise its inherent jurisdiction authorising a deprivation of liberty in cases where an unregistered placement either will not or cannot comply with practice guidance issued by the President of the Family Division.’

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Local Government Lawyer, 9th November 2021

Source: www.localgovernmentlawyer.co.uk

Solicitor sacked over order to move offices wins tribunal claim – Legal Futures

‘A solicitor has won her claim for wrongful dismissal after being sacked by a law firm for pushing back against a direction to relocate with immediate effect to another office.’

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Legal Futures, 9th November 2021

Source: www.legalfutures.co.uk

Rotherham CSE cases to be reviewed to improve victim support – BBC News

Posted November 10th, 2021 in child abuse, children, news, police, sexual grooming, sexual offences, victims by sally

‘Child abuse and grooming cases where victims did not engage with police are to be reviewed to improve support for those affected in future.’

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BBC News, 9th November 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 10th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Khan, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 1655 (09 November 2021)

N (Children: Refusal of Placement Orders) [2021] EWCA Civ 1652 (09 November 2021)

Eastern Pyramid Group Corporation SA v Spire House RTM Company Ltd [2021] EWCA Civ 1658 (09 November 2021)

The Royal Society for the Protection of Birds, R (On the Application Of) v Natural England [2021] EWCA Civ 1637 (09 November 2021)

High Court (Administrative Court)

Babbage, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin) (09 November 2021)

High Court (Chancery Division)

Allianz Global Investors GmbH & Ors v RSA Insurance Group Ltd [2021] EWHC 2950 (Ch) (05 November 2021)

High Court (Commercial Court)

Mayer Cars And Trucks Ltd v Jaguar Land Rover Ltd [2021] EWHC 2984 (Comm) (09 November 2021)

High Court (Family Division)

Cumbria, Northumberland Tyne & Wear NHS Foundation Trust & Anor v EG [2021] EWHC 2990 (Fam) (09 November 2021)

C (Looked After Child) (Covid-19 Vaccination) [2021] EWHC 2993 (Fam) (09 November 2021)

High Court (Queen’s Bench Division)

George v Cannell & Anor [2021] EWHC 2988 (QB) (09 November 2021)

Source: www.bailii.org