Category: news

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

Posted November 29th, 2021 in appeals, autism, consent, Court of Protection, learning difficulties, local government, news, sexual offences, Supreme Court by sally

‘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.’

Full Story

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

Posted November 29th, 2021 in care homes, care workers, coronavirus, Court of Protection, families, local government, mental health, news, vaccination by sally

‘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.’

Full Story

Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Man-shed miscalculated – Local Government Lawyer

Posted November 29th, 2021 in appeals, contempt of court, enforcement notices, housing, injunctions, local government, news, planning, Uncategorized by sally

‘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.’

Full Story

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.’

Full Story

Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

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

Posted November 29th, 2021 in appeals, barristers, harassment, imprisonment, news, perverting the course of justice, professional conduct, sentencing by sally

‘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.’

Full Story

Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

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

Posted November 29th, 2021 in anonymity, children, families, family courts, judges, media, news, privacy, reporting restrictions, reports by sally

‘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”.’

Full Story

Family Law, 26th November 2021

Source: www.familylaw.co.uk

British MPs call for law changes to help young Hongkongers flee to UK – The Guardian

Posted November 29th, 2021 in asylum, demonstrations, government departments, Hong Kong, immigration, news, refugees, visas, young persons by sally

‘More than nine in 10 people who have faced protest charges in Hong Kong are too young to access a UK visa scheme dedicated to helping Hongkongers flee to Britain, according to advocates and MPs calling for new laws to assist them.’

Full Story

The Guardian, 28th November 2021

Source: www.theguardian.com

Official judgment portal set to go live – Law Society’s Gazette

Posted November 29th, 2021 in archives, internet, judgments, Ministry of Justice, news by sally

‘Nearly 50,000 court judgments have been set up to be posted online in the first phase of the government’s plan to create a cutting-edge free repository of legal information, the Gazette can reveal. The service, hosted by the National Archives, will go live next April when the Ministry of Justice’s contract with the British and Irish Legal Information Institute (BAILII) expires.’

Full Story

Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

Research Briefing: Consumer protection: Unfair Trading Regulations 2008 – House of Commons Library

Posted November 29th, 2021 in consumer protection, news, parliament by sally

‘The purpose of this House of Commons Library briefing paper is to provide a brief overview of the Consumer Protection from Unfair Trading Regulations 2008 (as amended).’

Full Story

House of Commons Library, 26th November 2021

Source: commonslibrary.parliament.uk

Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent

Posted November 29th, 2021 in appeals, class actions, compensation, competition, news, tribunals by sally

‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’

Full Story

The Independent, 29th November 2021

Source: www.independent.co.uk

Stricter curbs on MPs’ second jobs to be backed by standards watchdog, piling pressure on Boris Johnson – The Independent

Posted November 29th, 2021 in conflict of interest, corruption, employment, lobbying, news, ombudsmen, parliament, professional conduct by sally

‘Stricter curbs on MPs taking second jobs will be proposed by a Commons watchdog, piling pressure on Boris Johnson to act and putting him on a fresh collision course with his own MPs.’

Full Story

The Independent, 29th November 2021

Source: www.independent.co.uk

Asylum seekers jailed for steering dinghies appealing after being branded ‘people smugglers’ by government – The Independent

Posted November 29th, 2021 in appeals, asylum, government departments, immigration, imprisonment, news, trafficking in human beings by sally

‘More than a dozen asylum seekers who were jailed for steering dinghies across the English Channel are fighting to have their convictions overturned.’

Full Story

The Independent, 28th November 2021

Source: www.independent.co.uk

Deepcut deaths: army ‘treating victims’ families with contempt’ – The Guardian

Posted November 29th, 2021 in armed forces, bereavement, bullying, codes of practice, education, families, government departments, harassment, inquests, mental health, news, suicide by sally

‘The sister of Pte Sean Benton, who committed suicide at Deepcut barracks, has accused the British army of treating victims’ families with contempt after it emerged that the military had failed to honour a pledge made at his inquest in 2018.’

Full Story

The Guardian, 28th November 2021

Source: www.theguardian.com

English universities risk breaking law over offer withdrawals, say ministers – The Guardian

Posted November 29th, 2021 in competition, education, news, school children, universities by sally

‘Universities in England risk breaking competition laws if they add loopholes letting them withdraw offers from students at the last minute if courses are oversubscribed, ministers and regulators have told vice-chancellors.’

Full Story

The Guardian, 29th November 2021

Source: www.theguardian.com

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

Posted November 26th, 2021 in abuse of process, construction industry, contracts, dispute resolution, enforcement, injunctions, news by sally

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

Full Story

Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Firearms – importation sentencing guidelines published – Sentencing Council

Posted November 26th, 2021 in codes of practice, consultations, criminal justice, firearms, news, offensive weapons, sentencing by sally

‘The Council has published a new guideline for sentencing offenders convicted of firearms importation offences in England and Wales, following consultation.’

Full Story

Sentencing Council, 24th November 2021

Source: www.sentencingcouncil.org.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

Posted November 26th, 2021 in consultations, housing, landlord & tenant, legal aid, Ministry of Justice, news, repossession by sally

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

Full Story

gov.uk, 25th November 2021

Source: www.gov.uk

We need real decisions about artificial intelligence – Local Government Lawyer

Posted November 26th, 2021 in artificial intelligence, codes of practice, consultations, local government, news by sally

‘The regulatory framework around the use of artificial intelligence by local authorities is inadequate but existing governance mechanisms can address concerns, writes Sue Chadwick.’

Full Story

Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

Posted November 26th, 2021 in appeals, autism, consent, disabled persons, learning difficulties, local government, news, sexual offences, statutory interpretation, Supreme Court by sally

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

Full Story

Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

Master of the Rolls fires starting gun on civil costs revolution – Legal Futures

Posted November 26th, 2021 in civil justice, costs, judges, news by sally

‘The Master of the Rolls yesterday signalled his intention to revolutionise civil costs and has already set the Civil Justice Council (CJC) working on a wide-ranging review.’

Full Story

Legal Futures, 26th November 2021

Source: www.legalfutures.co.uk