Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal – Local Government Lawyer

Posted August 3rd, 2021 in children, criminal procedure, detention, news, police, statutory duty by sally

‘The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

Assisted dying: Campaigners renewed hope for change in the law – BBC News

Posted August 3rd, 2021 in assisted suicide, bills, news by sally

‘David Peace has motor neurone disease, a terminal illness which gradually affects the brain and nerves.’

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BBC News, 3rd August 2021

Source: www.bbc.co.uk

New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Evaluation of flexible court hours stresses need to get lawyers onboard – Legal Futures

Posted August 3rd, 2021 in courts, flexible working, legal profession, news, pilot schemes by sally

‘Flexible operating hours (FOH) can make it easier for people to access civil and family justice, but there needs to a lot more work to bring solicitors and barristers on board, research into two pilot schemes has said.’

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Legal Futures, 2nd August 2021

Source: www.legalfutures.co.uk

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally – Local Government Lawyer

Posted August 3rd, 2021 in appeals, landlord & tenant, licensing, local government, news, penalties by sally

‘A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

Daughter of 13-year-old mother raped in 1970s wins justice at last – The Guardian

Posted August 3rd, 2021 in child abuse, news, prosecutions, rape, victims by sally

‘Daisy, 45, overcame years of police inaction after persuading her mother to testify against Carvel Bennett.’

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The Guardian, 2nd August 2021

Source: www.theguardian.com

Whose Job Is It To Fix The Normalisation Of Sexual Abuse In Schools? – Each Other

Posted August 3rd, 2021 in duty of care, education, human rights, news, school children, sexual offences by sally

‘The government released a report in June that revealed rampant sexual abuse in schools all over the country. Nine in ten girls surveyed said that sexist name-calling and being sent unwanted explicit imagery happened “a lot”, but whose responsibility is it to fix it?’

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Each Other, 2nd August 2021

Source: eachother.org.uk

Police officer convicted of assaulting black man and 15-year-old boy – The Guardian

Posted August 3rd, 2021 in assault, news, police by sally

‘A police officer has been convicted of assaulting two black males within two days, including kicking a 15-year-old boy when he was on the ground.’

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The Guardian, 2nd August 2021

Source: www.theguardian.com

New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 – EIN Blog

Posted August 3rd, 2021 in asylum, children, detention, human rights, judicial review, news, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’

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EIN Blog, 2nd August 2021

Source: www.ein.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 3rd, 2021 in legislation by sally

SI 2021/914 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 7) Regulations 2021

SI 2021/912 – The Safety of Sports Grounds (Designation) (Amendment) (England) Order 2021

Source: www.legislation.gov.uk

Man who filmed Grenfell Tower model on bonfire faces retrial – The Guardian

Posted August 3rd, 2021 in internet, news, racism, retrials, video recordings by sally

‘A man who filmed a video of a cardboard model of Grenfell Tower being burned on a bonfire will face a second trial, the high court has ruled.’

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The Guardian, 30th July 2021

Source: www.theguardian.com

BAILII: Recent Decisions

Posted August 3rd, 2021 in law reports by sally

Supreme Court

T (A Child), Re [2021] UKSC 35 (30 July 2021)

Tinkler v Revenue and Customs [2021] UKSC 39 (30 July 2021)

A, R (on the application of) v Secretary of State for the Home Department [2021] UKSC 37 (30 July 2021)

CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 (30 July 2021)

BF (Eritrea), R (on the application of) v Secretary of State for the Home Department [2021] UKSC 38 (30 July 2021)

X v Kuoni Travel Ltd [2021] UKSC 34 (30 July 2021)

Court of Appeal (Civil Division)

F-S (A Child: Placement Order) [2021] EWCA Civ 1212 (02 August 2021)

ZV (Lithuania) v Secretary of State for the Home Department [2021] EWCA Civ 1196 (30 July 2021)

Evans v Betesh Partnership & Ors [2021] EWCA Civ 1194 (30 July 2021)

Al Jaber & Ors v Mitchell & Ors [2021] EWCA Civ 1190 (30 July 2021)

Court of Appeal (Criminal Division)

Dickinson v R. [2021] EWCA Crim 1191 (02 August 2021)

The London Borough Of Barnet v Kamyab (Rev1) [2021] EWCA Crim 1209 (30 July 2021)

Douglas v R. [2021] EWCA Crim 1193 (30 July 2021)

Seed, R. v [2021] EWCA Crim 1198 (30 July 2021)

Jones, R. v [2021] EWCA Crim 1195 (30 July 2021)

London Borough of Barnet v Kamyab (Rev 1) [2021] EWCA Crim 1170 (27 July 2021)

Pembrokeshire Herald, Re (leave to appeal) [2021] EWCA Crim 1165 (27 July 2021)

High Court (Administrative Court)

Save Stonehenge World Heritage Site Ltd, R (On the Application Of) v Secretary Of State For Transport [2021] EWHC 2161 (Admin) (30 July 2021)

D4, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 2179 (Admin) (30 July 2021)

High Court (Chancery Division)

Sands v Dyer & Ors [2021] EWHC 2124 (Ch) (30 July 2021)

Ipagoo LLP, Re (Electronic Money Regulations 2011 and Insolvency Act 1986) [2021] EWHC 2163 (Ch) (30 July 2021)

Bucknall & Anor v Wilson [2021] EWHC 2149 (Ch) (30 July 2021)

High Court (Commercial Court)

Discovery Land Company, LLC & Ors v Axis Specialty Europe SE [2021] EWHC 2146 (Comm) (30 July 2021)

State of Qatar v Banque Havilland SA & Ors [2021] EWHC 2172 (Comm) (30 July 2021)

High Court (Family Division)

P and Q, Re (Hague Convention: Consent) (Costs) [2021] EWHC 2186 (Fam) (30 July 2021)

North Yorkshire County Council v M & Ors (Medium Secure Bed) [2021] EWHC 2171 (Fam) (30 July 2021)

P and Q, Re (Hague Convention: Consent) [2021] EWHC 2184 (Fam) (30 July 2021)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor [2021] EWHC 2198 (Pat) (02 August 2021)

High Court (Queen’s Bench Division)

Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 2164 (QB) (30 July 2021)

Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) (30 July 2021)

Bishopsgate Contracting Solutions Ltd v O’Sullivan [2021] EWHC 2103 (QB) (30 July 2021)

Source: www.bailii.org

‘Sadistic’ rapist Bradley Dawes jailed for 17 years – BBC News

Posted August 3rd, 2021 in assault, intimidation, news, rape, sentencing by sally

A violent rapist who would “degrade” women “for his own sadistic pleasure” has been jailed for 17 years.

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BBC News, 1st August 2021

Source: www.bbc.co.uk

BTAS rejects calls to soften sanctions for ‘low level’ sexual misconduct – Legal Futures

Posted August 3rd, 2021 in barristers, disciplinary procedures, news, professional conduct, sanctions, sexual offences, tribunals by sally

‘The Bar Tribunals & Adjudication Service (BTAS) has rejected the argument that a starting point of 12-months’ suspension for sexual misconduct is too much for some less serious types of behaviour.’

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Legal Futures, 2nd August 2021

Source: www.legalfutures.co.uk

New Judgment: R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 – UKSC Blog

Posted August 3rd, 2021 in asylum, children, detention, human rights, judicial review, news, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning the legality of the Home Department’s regime that provides for determining the age of asylum seekers entering the UK.’

Full Story

UKSC Blog, 30th July 2021

Source: ukscblog.com

Black barrister to lead independent police oversight board – The Guardian

Posted August 3rd, 2021 in criminal justice, minorities, news, police, race discrimination by sally

‘Police chiefs hoping to pull themselves out of a race crisis have appointed a new tsar who has previously said black people fear calling on officers for help.’

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The Guardian, 3rd August 2021

Source: www.theguardian.com

Home Office challenged over ‘sped-up’ removal of Vietnamese nationals – The Guardian

Posted August 2nd, 2021 in asylum, deportation, detention, forced labour, government departments, immigration, news, trafficking in human beings, Vietnam by sally

‘Lawyers are challenging the Home Office policy of deporting people to Vietnam who could be victims of trafficking after the UK sent a second charter flight to the country within a matter of weeks.’

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The Guardian, 1st August 2021

Source: www.theguardian.com

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

Posted August 2nd, 2021 in appeals, civil procedure rules, costs, judicial review, local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

‘The Mark Duggan case was a catalyst’: the 2011 UK riots 10 years on – The Guardian

Posted August 2nd, 2021 in criminal justice, news, police, public order, race discrimination, racism by sally

‘In 4 August 2011, Mark Duggan was shot and killed by police in Tottenham, north London, sparking the largest civil unrest the UK has seen for a generation. The disturbance quickly spread and for five nights, London, Birmingham, and other major cities in England were engulfed by fire and violence.’

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The Guardian, 30th July 2021

Source: www.theguardian.com

Family arbitration : It’s arbitration, but not as we know it – Transparency Project

Posted August 2nd, 2021 in arbitration, dispute resolution, families, family courts, jurisdiction, news by sally

‘Let us start briefly with the idea of arbitration. It has been used for centuries to resolve commercial disputes. Unlike mediation, where parties must come to their own agreement which the mediator helps to facilitate, an arbitration is a contractual agreement to be bound by the decision of the arbitrator. Various schemes exist which allow commercial parties to appoint an arbitrator.’

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Transparency Project, 30th July 2021

Source: www.transparencyproject.org.uk