New Guidelines for Lawyers Practising within the Coroners’ Court – Inquests and Inquiries Law Blog

Posted September 24th, 2021 in barristers' clerks, codes of practice, conflict of interest, coroners, disclosure, inquests, legal profession, news, solicitors, Solicitors Regulation Authority by sally

‘New guidelines for legal professionals practising within the Coroners’ Courts have been published by the Bar Standards Board, the Solicitors Regulation Authority and CILEx Regulation. The new guidelines were introduced in response to concerns, particularly about the adversarial approach adopted by some lawyers. The key takeaways are summarised below.’

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Inquests and Inquiries Law Blog, 20th September 2021

Source: inquestsandinquirieslawblog.com

Clerks “must play bigger role in fair work allocation” – Legal Futures

Posted September 24th, 2021 in barristers, barristers' clerks, diversity, employment, equality, news by sally

‘Barristers’ clerks must step up and ensure that both work coming in and marketing efforts by chambers are done with an eye to equality in the way they are distributed, a seminar heard this week.’

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Legal Futures, 24th September 2021

Source: www.legalfutures.co.uk

Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

Posted September 24th, 2021 in appeals, children, consent, gender, government departments, hospitals, judicial review, medical treatment, news, transgender persons, young persons by sally

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Seven out of 10 win benefits challenges at tribunal – BBC News

Posted September 24th, 2021 in appeals, benefits, disabled persons, government departments, news, statistics, tribunals by sally

‘Seven out of ten people who appealed in court against a decision to deny them disability benefits were successful, analysis shows.’

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BBC News, 24th September 2021

Source: www.bbc.co.uk

Will The Online Safety Bill Impact Your Rights? – Each Other

Posted September 24th, 2021 in bills, duty of care, fines, freedom of expression, government departments, internet, news, ombudsmen by sally

‘The internet is an untamed beast with sparse rules and regulations, so comprehensive moderation – whether desirable or not – seems an impossible task. Nonetheless, it is one with which the UK government is currently attempting to grapple.’

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Each Other, 23rd September 2021

Source: eachother.org.uk

Fear of more baby deaths as ministers stand firm on jailing pregnant women – The Guardian

Posted September 24th, 2021 in bereavement, birth, children, criminal justice, government departments, health & safety, imprisonment, news, ombudsmen, pregnancy, prisons by sally

‘Experts have warned that more babies could die in prison owing to the government’s expansion of female prison places and ministers’ refusal to grant multiple requests to end the incarceration of pregnant women.’

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The Guardian, 23rd September 2021

Source: www.theguardian.com

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – EIN Blog

Posted September 24th, 2021 in appeals, asylum, government departments, immigration, news, religious discrimination, Supreme Court, Vietnam by sally

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

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EIN Blog, 22nd September 2021

Source: www.ein.org.uk

Dawn Sturgess: Patel considers public inquiry into Novichok death – BBC News

Posted September 24th, 2021 in closed material, coroners, government departments, inquests, inquiries, news, poisoning, Russia, unlawful killing by sally

‘The government is considering whether to hold a full public inquiry into the death of Dawn Sturgess from the nerve agent Novichok in Wiltshire in 2018.’

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BBC News, 23rd September 2021

Source: www.bbc.co.uk

Banks must treat victims of scams more fairly, says UK complaints body – The Guardian

Posted September 24th, 2021 in banking, complaints, consumer protection, fraud, news, ombudsmen, statistics by sally

‘Banks need to do more to treat people fairly when they are the victim of scams, according to the UK financial sector’s official complaints body, which is finding in the customer’s favour in three-quarters of such cases.’

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The Guardian, 24th September 2021

Source: www.theguardian.com

Woman with Down’s loses abortion law fight – BBC News

Posted September 23rd, 2021 in abortion, birth, disability discrimination, disabled persons, equality, families, news, time limits by sally

‘A woman with Down’s syndrome has lost her High Court challenge over a law that allows abortion up to birth for a foetus with the condition.’

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BBC News, 23rd September 2021

Source: www.bbc.co.uk

Arbitrators escape the red card in Manchester City case – Practical Law: Construction Blog

Posted September 23rd, 2021 in arbitration, bias, news, remuneration, sport by sally

‘What, I hear you ask, am I doing writing about football? Well, despite the title of this blog, it’s actually about an arbitration and subsequent court proceedings that just happen to involve a football club. I think it’s interesting for a number of reasons, not least because it applies the Supreme Court’s findings in Halliburton Company v Chubb Bermuda Insurance Ltd, which I blogged about last year.’

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Practical Law: Construction Blog, 22nd September 2021

Source: constructionblog.practicallaw.com

Illegality in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted September 23rd, 2021 in illegality, mental health, negligence, news, personal injuries by sally

‘A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act assessment. It is alleged that the assessors negligently fail to recommend transfer to a secure psychiatric unit. The man alleges that he suffered an exacerbation of his mental health as a result of being transferred to a medium secure prison where he witnessed various unpleasant acts that he would not have witnessed in a secure psychiatric unit.’

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Ropewalk Clinical Negligence Blog, 22nd September 2021

Source: www.ropewalk.co.uk

Law and the Culture War – UK Human Rights Blog

Posted September 23rd, 2021 in belief discrimination, equality, gender, human rights, news, transgender persons by sally

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com

First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer

Posted September 23rd, 2021 in appeals, disabled persons, litigants in person, news, remote hearings, special educational needs, tribunals by sally

‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’

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Local Government Lawyer, 23rd September 2021

Source: www.localgovernmentlawyer.co.uk

Government takes legal action against M25 climate protesters – Home Office

Posted September 23rd, 2021 in climate change, contempt of court, demonstrations, environmental protection, injunctions, news, press releases, road traffic by sally

‘Activists who have been carrying out a string of disruptive demonstrations along the M25, causing travel chaos for tens of thousands of people, will be in contempt of court if they breach the terms of an interim injunction won by National Highways today (22 September 2021).’

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Home Office, 22nd September 2021

Source: www.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 23rd, 2021 in legislation by sally

SI 2021/1073 – The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 3) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 23rd, 2021 in law reports by sally

Supreme Court

TN (Vietnam), R. (on the application of) v Secretary of State for the Home Department& Anor [2021] UKSC 41 (22 September 2021)

High Court (Administrative Court)

A & Anor v Deputy General Public Prosecutor of the Lyon Court of Appeal & Anor [2021] EWHC 2543 (Admin) (22 September 2021)

High Court (Chancery Division)

Davies v Ford & Ors [2021] EWHC 2550 (Ch) (22 September 2021)

Rhino Enterprises Properties Ltd & Anor, Re [2021] EWHC 2533 (Ch) (22 September 2021)

High Court (Commercial Court)

Surkis & Ors v Poroshenko & Anor [2021] EWHC 2512 (Comm) (22 September 2021)

High Court (Queen’s Bench Division)

The London Borough of Hackney v Grant& Ors [2021] EWHC 2548 (QB) (22 September 2021)

Source: www.bailii.org

Home Office chief refuses to tell MPs legal basis on which pushbacks in Channel can be used – The Independent

Posted September 23rd, 2021 in asylum, bills, France, government departments, international law, news, shipping law, statutory interpretation by sally

‘The Home Office has refused to disclose the legal basis on which it plans to use “pushbacks” in the English Channel to turn small boats around.’

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The Independent, 22nd September 2021

Source: www.independent.co.uk

Portsmouth GP admits embezzling £1.1m from care group – The Independent

Posted September 23rd, 2021 in abuse of position of trust, doctors, fraud, guilty pleas, news by sally

‘A Portsmouth GP has been told he could spend time behind bars after he admitted to defrauding a healthcare group out of £1.1m in just two months.’

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The Independent, 22nd September 2021

Source: www.independent.co.uk

Calling women ‘birds’ is ‘plainly sexist’, judge rules as Barclays banker wins discrimination claim – The Independent

Posted September 23rd, 2021 in disabled persons, employment tribunals, flexible working, news, sex discrimination, women by sally

‘A UK judge has ruled that calling women “birds” is “plainly sexist,” and even using the term jokingly is “foolish” in a landmark discrimination case. The ruling came following a tribunal brought by a Barclays investment banker after her boss repeatedly called women “birds.” ‘

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The Independent, 22nd September 2021

Source: www.independent.co.uk