Liberty protection safeguards to protect vulnerable people in care – Family Law

Posted August 10th, 2018 in deprivation of liberty safeguards, mental health, news by sally

‘Amendments to mental health legislation aim to correct some of the current system’s obvious failings. Ben Troke, solicitor at Browne Jacobson LLP, discusses the Mental Capacity (Amendment) Bill, which introduces new law to protect the rights of people who do not have the mental capacity to make decisions about their care, and replaces the much-criticised deprivation of liberty safeguards (DoLS).’

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Family Law, 9th August 2018

Source: www.familylaw.co.uk

What’s the future for drones? – Technology Law Update

Posted August 10th, 2018 in aircraft, licensing, news by sally

‘Drones are finding increasing uses in a wide range of applications from life-saving delivery of medical supplies to remote locations, through filming, commercial deliveries, agricultural and construction monitoring, to military and surveillance operations. Innovation foundation Nesta has carried out an analysis of the future for drone technology in the urban environment. The research for this project involved partnership with five British cities to analyse the possible roles for drones in our towns and cities.’

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Technology Law Update, 9th August 2018

Source: www.technology-law-blog.co.uk

Unified Patent Court: UK to be a member during Brexit transition – OUT-LAW.com

Posted August 10th, 2018 in courts, international courts, news, patents by sally

‘The UK government has revealed that a deal was struck earlier this year to enable the UK to participate in the new Unified Patent Court (UPC) system during any Brexit implementation period that might apply.’

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OUT-LAW.com, 8th August 2018

Source: www.out-law.com

Ex-school sports coach jailed for 10 years for sexually abusing pupils – The Guardian

Posted August 10th, 2018 in child abuse, news, sentencing, sexual offences, sport by sally

‘A former sports coach at a leading private school has been jailed for 10 years for sexually abusing six pupils.’

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The Guardian, 9th August 2018

Source: www.theguardian.com

Ifan Owens: Five men jailed for attacking Aberystwyth student – BBC News

Posted August 10th, 2018 in grievous bodily harm, news, sentencing by sally

‘Five men laughed as they were sentenced for attacking a university student which left him in a coma.’

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BBC News, 8th August 2018

Source: www.bbc.co.uk

Equality Act and ‘reasonable to remain’ – Nearly Legal

Posted August 10th, 2018 in disabled persons, equality, homelessness, housing, local government, news by sally

‘Ms L “suffers from a number of both physical and mental problems. She is wheelchair bound and is confined to bed for large portions of the day. She requires 24-hour care, including intimate care which for the time being is provided by her former partner.” She had the tenancy of a housing association property – a two bedroomed bungalow in sheltered accommodation, which was adapted for her needs.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

Ep. 41: Brexit – The white paper – Law Pod UK

Posted August 10th, 2018 in bills, EC law, news, parliamentary papers, podcasts by sally

‘Professor Barnard discusses with journalist Boni Sones, her reaction to the publication of the government’s White Paper, the Cabinet resignations of David Davis and Boris Johnson, and the negotiating position of the EU since the UK triggered Article 50 in March 2017.’

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Law Pod UK, 8th August 2018

Source: audioboom.com

Justice secretary wrong to push Parole Board chair to quit, judge rules – The Guardian

‘A high court judge has ruled it was unacceptable for the justice secretary to pressurise the Parole Board chair Nick Hardwick into resigning, and that the board lacks independence from the government.’

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The Guardian, 9th August 2018

Source: www.theguardian.com

Cheese burglar: Hungry thief caught after leaving DNA on a block of Red Leicester – Daily Telegraph

Posted August 10th, 2018 in burglary, DNA, news by sally

‘A hungry burglar was caught after leaving his DNA on a block of cheese, a court heard yesterday.’

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Daily Telegraph, 9th August 2018

Source: www.telegraph.co.uk

Modern slavery in the UK: ‘They could be sat right in front of you’ – BBC News

Posted August 10th, 2018 in forced labour, news, trafficking in human beings by sally

‘Slavery still exists in the UK, and it can be found in nail bars, factories, car washes and the cleaning industry.’

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BBC News, 10th August 2018

Source: www.bbc.co.uk

International jewel thief guilty of Clapham murders – BBC News

Posted August 10th, 2018 in murder, news, theft by sally

‘An international jewel thief has been convicted of murdering two men over £35,000 worth of stolen watches and a set of Napoleonic coins.’

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BBC News, 9th August 2018

Source: www.bbc.co.uk

English courts trial mental health referrals for vulnerable offenders – The Guardian

Posted August 10th, 2018 in alcohol abuse, drug abuse, mental health, news, rehabilitation, sentencing by sally

‘Offenders with mental health, alcohol and drug abuse problems are being referred to health services as part of community sentences in an effort to steer them away from jail time.’

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The Guardian, 10th August 2018

Source: www.theguardian.com

Section 21- Notices and the Possession Procedure – Hardwicke Chambers

Posted August 9th, 2018 in landlord & tenant, news, notification, reasons, repossession by sally

‘What is a section 21 (“s21”) notice?

It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’

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Hardwicke Chambers, 16th July 2018

Source: www.hardwicke.co.uk

Are new initiatives to tackle age discrimination on their way? – Cloisters

Posted August 9th, 2018 in age discrimination, employment, equality, news by sally

‘In this blog, Rachel Crasnow QC considers the recent proposals to reform the Equality Act 2010 outlined by the Women and Equalities Committee in its report concerning Older People and Employment which was published on 17 July 2018. Their proposals were formulated after hearing expert evidence from a range of people including Cloisters’ Dee Masters.’

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Cloisters, 17th July 2018

Source: www.cloisters.com

Proper practice on seeking permission to appeal (Lisle-Mainwaring v Associated Newspapers Ltd) – Hardwicke Chambers

Posted August 9th, 2018 in appeals, disclosure, harassment, news by sally

‘What is the proper procedure when submitting an application for permission to appeal? Phillip Patterson, a barrister at Hardwicke Chambers, considers the Court of Appeal’s judgment in Lisle-Mainwaring v Associated Newspapers Ltd and explains why any informal attempt to seek permission to appeal from the lower court is invalid.’

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Hardwicke Chambers, 30th July 2018

Source: www.hardwicke.co.uk

Losing out on loss of bargain when terminating in reliance upon contractual rights – Hardwicke Chambers

Posted August 9th, 2018 in construction industry, contracts, insolvency, news by sally

‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency.’

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Hardwicke Chambers, 5th July 2018

Source: www.hardwicke.co.uk

Divisional Court strikes down irrational and unfairly made decision to cut criminal legal aid – Blackstone Chambers

Posted August 9th, 2018 in budgets, criminal justice, judicial review, legal aid, news, solicitors by sally

‘A Divisional Court comprising Lord Justice Leggatt And Mrs Justice Carr DBE has allowed a judicial review challenge brought by the Law Society to a decision made by the Lord Chancellor to introduce a 40% cut to the maximum number of pages of prosecution evidence (‘PPE’) that count for payment of criminal defence solicitors. The regulations that introduced the cut will be quashed (p.143 of the judgment).’

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Blackstone Chambers, 3rd August 2018

Source: www.blackstonechambers.com

Trafficking victim awarded High Court damages in minimum wage and harassment claims – Cloisters

‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’

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Cloisters, 11th July 2018

Source: www.cloisters.com

Privacy International v Secretary of State for Foreign & Commonwealth Affairs & ors – Blackstone Chambers

‘The Investigatory Powers Tribunal has given its third judgment in this case concerning the collection and use of bulk communications data (‘BCD’) and bulk personal datasets (‘BPD’) by the Security and Intelligence Agencies (MI5, MI6 and GCHQ – the ‘SIAs’).’

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Blackstone Chambers, 21st July 2018

Source: www.blackstonechambers.com

Left Holding The Baby – Hardwicke Chambers

Posted August 9th, 2018 in agency, identity fraud, news, solicitors, warranties by sally

‘Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood [2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment. A warranty of authority is an implied obligation arising as a matter of contract in particular circumstances, so it is not possible to determine the scope of any such warranty without a detailed consideration of the facts. Generally, however, a solicitor’s warranty extends to the fact that he has the authority of the person who has instructed him, but not as to the identity of that person.’

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Hardwicke Chambers, 31st July 2018

Source: www.hardwicke.co.uk