High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer

‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

Law firm ordered to pay £1,000 for employee’s “racist” comment – Legal Futures

‘A law firm employee has been awarded damages of £1,000 after a colleague targeted him with a discriminatory comment based on his Pakistani heritage.

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Legal Futures, 22nd November 2021

Source: www.legalfutures.co.uk

Supreme Court hears Kurdish flags appeal – Law Society’s Gazette

‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’

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Law Society's Gazette, 22nd November 2021

Source: www.lawgazette.co.uk

Colin Pitchfork: Double child killer arrested and recalled to prison two months after release – The Independent

Posted November 22nd, 2021 in children, murder, news, parole, prisons, probation, rape, sexual offences by sally

‘Colin Pitchfork has been arrested and sent back to prison just two months after being released, the Ministry of Justice (MoJ) announced on Friday. He was let out in September after spending 33 years in jail for murdering two teenage girls in the 1980s.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Grandmother given restraining order for refusing to stop feeding ‘sad’ horse – The Independent

Posted November 22nd, 2021 in animals, harassment, news, restraining orders, sentencing by sally

‘A grandmother has been convicted of harassment for feeding a retired racehorse that she thought was being neglected.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Home Office ‘covering up’ its own study of why refugees come to the UK – The Guardian

Posted November 22nd, 2021 in asylum, bills, charities, government departments, immigration, news, refugees by sally

‘The Home Office is covering up its own research into why refugees and asylum seekers travel to the UK because ministers “know their arguments don’t stand up,” charities claim.’

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The Guardian, 20th November 2021

Source: www.theguardian.com

Zane Gbangbola: Landfill concerns raised before flood death – BBC News

‘Concerns were raised in 2010 over a former landfill site which later became the focus of a dispute over a seven-year-old’s death, it has emerged.’

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BBC news, 22nd November 2021

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

2021 c. 32 – Social Security (Up-rating of Benefits) Act 2021

2021 c. 31 – Telecommunications (Security) Act 2021

2021 c. 30 – Environment Act 2021

Source: www.legislation.gov.uk

Statutory Instruments – legislation.gov.uk

Posted November 19th, 2021 in legislation by sally

SI 2021/1280 – The Prisons (Substance Testing) Act 2021 (Commencement) Regulations 2021

SI 2021/1279 – The Prison and Young Offender Institution (Amendment) Rules 2021

SI 2021/1273 – The Product Safety and Metrology etc. (Amendment) Regulations 2021

SI 2021/1265 – The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021

SI 2021/1258 – The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2021

SI 2021/1288 – The Taking Control of Goods (Fees) (Amendment) Regulations 2021

SI 2021/1286 – The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2021

SI 2021/1283 – The Universal Credit (Work Allowance and Taper) (Amendment) Regulations 2021

SI 2021/1276 – The Non-Domestic Rating (Discretionary Relief) (Amendment) (England) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 19th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Promontoria (Oak) Ltd v Emanuel & Ors [2021] EWCA Civ 1682 (18 November 2021)

MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021)

K Line PTE Ltd v Priminds Shipping (HK) Co Ltd (“Eternal Bliss”) [2021] EWCA Civ 1712 (18 November 2021)

Boodia v Yatsyna [2021] EWCA Civ 1705 (17 November 2021)

Court of Appeal (Criminal Division)

Fearon v R. [2021] EWCA Crim 1706 (17 November 2021)

High Court (Administrative Court)

Keyhole Bridge User Safety Group, R (On the Application Of) v Bournemouth, Christchurch and Poole Council [2021] EWHC 3082 (Admin) (18 November 2021)

High Court (Chancery Division)

Da Silva v Heselton & Ors [2021] EWHC 3079 (Ch) (17 November 2021)

The Law Society Of England And Wales v Pawlak [2021] EWHC 3076 (Ch) (17 November 2021)

Ditto Ltd v Drive-Thru Records LLC [2021] EWHC 2035 (Ch) (17 November 2021)

Bank of Scotland Plc v Hoskins [2021] EWHC 3038 (Ch) (17 November 2021)

Tinkler v Stobart Group Ltd (Rev1) [2021] EWHC 3035 (Ch) (17 November 2021)

High Court (Commercial Court)

Wang v Darby [2021] EWHC 3054 (Comm) (17 November 2021)

High Court (Family Division)

Aldoukhi v Abdullah [2021] EWHC 3086 (Fam) (18 November 2021)

High Court (Queen’s Bench Division)

National Highways Ltd v Heyatawin & Ors [2021] EWHC 3078 (QB) (17 November 2021)

High Court (Technology and Construction Court)

Blue Manchester Ltd v Bug-Alu Technic GmbH & Anor [2021] EWHC 3095 (TCC) (19 November 2021)

Source: www.bailii.org

Nationality and Borders Bill threatens the rights of stateless children – EIN Blog

‘Priti Patel’s Nationality and Borders Bill has been controversial since its announcement to say the least. It has faced criticisms for its extremely harsh treatment of asylum seekers and refugees and its potential contribution to creating a hostile environment for migrants residing within the UK. However, it has now been argued by MP’s that the Bill risks failing to protect stateless children within the country.’

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EIN Blog, 17th November, 2021

Source: www.ein.org.uk

Public inquiry into death of Dawn Sturgess – Home Office

Posted November 19th, 2021 in government departments, inquiries, news, poisoning, Russia, unlawful killing by sally

‘Home Secretary announces a public inquiry to investigate the death of Dawn Sturgess.’

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Home Office, 18th November 2021

Source: www.gov.uk

Consultant solicitor was not an employee, rules employment tribunal – Law Society’s Gazette

‘A former consultant with a Midlands firm has failed to convince a tribunal that he was an employee for the purposes of making a claim.’

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Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

Inability to find criminal lawyers ‘chickens coming home to roost’ – LCJ – Law Society’s Gazette

Posted November 19th, 2021 in barristers, coronavirus, courts, criminal justice, law firms, legal aid, news, solicitors by sally

‘The inability to find barristers to represent criminal defendants is an example of “chickens coming home to roost”, the lord chief justice has said.’

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Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

Inquiry into foundation linked to Prince of Wales launched – The Guardian

Posted November 19th, 2021 in charities, Charity Commission, corruption, inquiries, news by sally

‘The Charity Commission has launched a statutory inquiry into allegations that donations intended for the Prince of Wales’ Prince’s Foundation went instead to the Mahfouz Foundation.’

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The Guardian, 18th November 2021

Source: www.theguardian.com

Hamas to be declared terror group with supporters in UK facing 10 years in prison – The Independent

‘Priti Patel is to proscribe the political wing of Hamas as a terrorist organisation after denouncing it as “fundamentally and rabidly antisemitic”. Hamas’ military wing has been proscribed in the UK since 2001, but in an announcement on Friday the home secretary will say the entirety of the Palestinian group should now be banned.’

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The Independent, 19th November 2021

Source: www.independent.co.uk

Domestic abuse victim ‘living in fear’ after being wrongly told she could not appear ex-partner’s ‘lenient’ sentence – The Independent

‘“Myself and my family have suffered life-changing trauma,” a domestic abuse victim tells The Independent. “Following the attack, I am unable to work due to my injuries and live in paralysing fear of what will happen when he is released in eight years.”

Her ex-partner was jailed for life – but with a minimum term of only eight years – in March. The domestic abuse victim has now been told she has missed her chance to appeal his sentence but was never told she had the right to do so under the Unduly Lenient Sentencing scheme. Instead, police inaccurately told her she was unable to appeal his sentence because “a life sentence is the maximum”.’

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The Independent, 19th November 2021

Source: www.independent.co.uk

Birmingham stabbings: man given minimum 21-year prison sentence – The Guardian

‘A man diagnosed with paranoid schizophrenia who killed a 23-year-old man and injured seven others in a violent stabbing spree in Birmingham last year has been sentenced to life in prison with a minimum term of 21 years.’

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The Guardian, 18th November 2021

Source: www.theguardian.com

UK drivers face £200 fines in mobile phone clampdown – The Guardian

Posted November 19th, 2021 in fines, government departments, news, road safety, telecommunications by sally

‘Drivers will be banned from scrolling through playlists on handheld devices from next year as part of a UK government crackdown on road safety.’

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The Guardian, 19th November 2021

Source: www.theguardian.com

Banks forced to refund fraud victims – Daily Telegraph

Posted November 19th, 2021 in banking, compensation, consumer protection, financial regulation, fraud, news by sally

‘Banks will be forced to refund fraud victims who transfer money to scammers under Government-backed plans to make repayments compulsory.’

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Daily Telegraph, 19th November 2021

Source: www.telegraph.co.uk