BAILII: Recent Decisions

Posted November 8th, 2021 in law reports by sally

High Court (Administrative Court)

Gardner & Anor, R (On the Application Of) v Secretary of State for Health and Social Care & Ors [2021] EWHC 2946 (Admin) ( 05 November 2021)

High Court (Chancery Division)

Lock v Stanley & Anor (Re Edengate Homes (Butley Hall) Ltd) [2021] EWHC 2970 (Ch) (05 November 2021)

High Court (Queen’s Bench Division)

Lord Chancellor v Ross & Ors [2021] EWHC 2961 (QB) (05 November 2021)

Source: www.bailii.org

Third time’s a charm: can a single dispute include multiple sub-issues in adjudication? – Practical Law: Construction Blog

Posted November 8th, 2021 in construction industry, dispute resolution, jurisdiction, news by sally

‘“Quick and dirty” is not a phrase that we usually associate with dispute resolution. However, as many construction practitioners will know, adjudication provides an exception.

Speed has its benefits but it rarely makes things simple. As our colleague, Ravinder, explained in her blog, adjudication is not always a straightforward process. Many disputes involve multiple, complex issues. This creates fertile ground for challenge, and adjudicators find themselves engaged with jurisdictional arguments more often than not.

One such argument is whether the issues referred to adjudication comprise one or multiple disputes. Our blog focuses on the courts’ approach to this question in the recent case of Quadro Services Ltd v Creagh Concrete Products Ltd.’

Full Story

Practical Law: Construction Blog, 3rd November 2021

Source: constructionblog.practicallaw.com

SEND Tribunal case law review – Local Government Lawyer

‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’

Full Story

Local Government Lawyer, 5th November 2021

Source: www.localgovernmentlawyer.co.uk

High Court rejects attempt to block claims against lawyers – Legal Futures

Posted November 8th, 2021 in fees, injunctions, law firms, news, proceeds of crime by sally

‘The High Court has refused to make an order to prevent future claims on a law firm’s fees that claimants may argue came from stolen funds.’

Full Story

Legal Futures, 8th November 2021

Source: www.legalfutures.co.uk

Legal Ombudsman admits recovery will take longer than expected – Legal Futures

‘Performance at the Legal Ombudsman (LeO) will get worse before it gets better as the complaints-handler has admitted recovery will take longer than it anticipated.’

Full Story

Legal Futures, 8th November 2021

Source: www.legalfutures.co.uk

Research Briefing: Death certification and medical examiners – House of Commons Library

Posted November 8th, 2021 in bereavement, bills, coroners, news, parliament by sally

‘This Commons Library briefing paper deals with the introduction of a medical examiner system in England and Wales to provide greater scrutiny of deaths that do not require investigation by a coroner.’

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House of Commons Library , 4th November 2021

Source: commonslibrary.parliament.uk

Does the law on predatory marriage need to change? – Family Law

Posted November 8th, 2021 in consent, families, forced marriages, fraud, intestacy, marriage, news, wills by sally

‘In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, and are then able to access the new spouse’s lifetime savings and inherit their entire estate under the intestacy rules, as marriage automatically revokes any previous Will a person may have made.’

Full Story

Family Law, 5th November 2021

Source: www.familylaw.co.uk

Police watchdog raises concern over ‘canteen culture’ WhatsApp groups where officers share racist and sexist messages – The Independent

‘A watchdog has issued a warning over police officers’ “unacceptable” use of WhatsApp to share sensitive operational information and discriminatory comments.’

Full Story

The Independent, 7th November 2021

Source: www.independent.co.uk

Anger over ‘grotesque abuse’ of £600,000 case to keep Mountbatten papers secret – The Guardian

‘The Cabinet Office has been accused of a “grotesque abuse” of public funds in a freedom of information battle over the personal diaries of Lord and Lady Mountbatten in which costs are now expected to exceed £600,000.’

Full Story

The Guardian, 7th November 2021

Source: www.theguardian.com

Chelsea fan jailed for antisemitic tweets aimed at Tottenham supporters – The Independent

‘A Chelsea fan who posted antisemitic and racist tweets aimed at Tottenham fans has been jailed.’

Full Story

The Independent, 6th November 2021

Source: www.independent.co.uk

Priti Patel’s immigration bill will make it harder to prosecute human traffickers, top police officers warn – The Independent

‘Priti Patel’s immigration bill risks hampering the prosecution of human traffickers in the UK and making it more difficult for people to escape exploitation, senior police officers have warned.’

Full Story

The Independent, 8th November 2021

Source: www.independent.co.uk

MoD has settled 417 Iraq war compensation claims this year – The Guardian

‘The Ministry of Defence has quietly settled 417 Iraq compensation claims and paid out several million pounds to resolve accusations that British troops subjected Iraqis to cruel and inhumane treatment, arbitrary detention or assault.’

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The Guardian, 6th November 2021

Source: www.theguardian.com

Watchdog stopped ministers breaching neutrality code in top BBC and BFI hires – The Guardian

‘A watchdog had to prevent ministers breaching a strict code on political neutrality and independence during the search for new chairs for the BBC and the British Film Institute (BFI), the Guardian can reveal.’

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The Guardian, 7th November 2021

Source: www.theguardian.com

Claudia Webbe: MP convicted of harassment gets suspended sentence Published3 days ago – BBC News

‘An MP who made threatening phone calls to a woman because she was jealous of her relationship with her partner has been given a suspended sentence.’

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BBC News, 5th November 2021

Source: www.bbc.co.uk

Married lesbian couple launch discrimination action against NHS – The Guardian

‘A married lesbian couple are launching a landmark legal test case against a branch of the NHS fertility sector in England, claiming it discriminates against LGBT+ families.’

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The Guardian, 7th November 2021

Source: www.theguardian.com

Lord Chief Justice warns government over ‘value of the rule of law’ in courts funding plea – The Independent

“In his annual report, published on Friday [5th November], Lord Burnett of Maldon warned that the only way to cut record waiting times was to run crown courts at full capacity for the ‘foreseeable future’.”

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The Independent, 5th November 2021

Source: www.independent.co.uk

Man jailed for 10 years following traffic collision stabbing – The Independent

“A man who stabbed another man trying to get his details after a traffic collision has been jailed for 10 years.”

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The Independent, 5th November 2021

Source: www.independent.co.uk

Major report: Time for targets, not talk, to improve race equality at Bar – Legal Futures

“The time for talking about race inequality at the Bar is over and all organisations with a stake in the profession should set specific targets for improvement, a major Bar Council report has concluded.”

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Legal Futures, 5th November 2021

Source: www.legalfutures.co.uk

Anthony Adekola murder: Three gang members jailed over random M&S worker’s killing – BBC News

Posted November 5th, 2021 in gangs, imprisonment, London, murder, news, sentencing by michael

“Three gang members who randomly murdered a Marks & Spencer worker in a postcode war have been jailed for life.”

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BBC News, 5th November 2021

Source: www.bbc.co.uk

Toning down the theatrics: Barristers “less aggressive” in remote hearings – Legal Futures

“A significant number of expert witnesses who have been appeared in court remotely over the past 18 months say barristers have been “less aggressive” in their cross-examination.”

Full Story

Legal Futures, 5th November 2021

Source: www.legalfutures.co.uk