‘Lawyers must do better’: Lord Hodge criticises use of expert witnesses – Law Society’s Gazette

Posted May 28th, 2021 in bias, expert witnesses, judges, news, solicitors, statistics by sally

‘Instructing solicitors must not jeopardise the impartiality of expert evidence, the deputy president of the Supreme Court said today, citing a study which suggests expert witnesses are being used as “hired guns” by lawyers.’

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Law Society's Gazette, 28th May 2021

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted May 28th, 2021 in law reports by sally

Court of Appeal (Civil Division)

SDI Retail Services Ltd v Rangers Football Club Ltd [2021] EWCA Civ 790 (27 May 2021)

Lopes, R (On the Application Of) v Secretary of State for the Home Department & Anr [2021] EWCA Civ 805 (27 May 2021)

Court of Appeal (Criminal Division)

Muhammed, R. v [2021] EWCA Crim 802 (28 May 2021)

Ihenacho v London Borough of Croydon [2021] EWCA Crim 798 (27 May 2021)

High Court (Administrative Court)

Bernotas v Lithuanian Judicial Authority [2021] EWHC 1410 (Admin) (27 May 2021)

Enterprise Managed Service Ltd & Anor, R (On the Application Of) v Secretary of State for the Ministry of Housing, Communities and Local Government [2021] EWHC 1436 (Admin) (27 May 2021)

Thomas & Ors, R (On the Application Of) v North Northamptonshire Council [2021] EWHC 1428 (Admin) (27 May 2021)

High Court (Chancery Division)

Smith & Anor v Michelmores Trust Corporation Ltd & Ors [2021] EWHC 1425 (Ch) (27 May 2021)

Puma SE v Nike Innovate CV [2021] EWHC 1438 (Ch) (27 May 2021)

Van Zuylen v Whiston-Dew & Anor [2021] EWHC 1455 (Ch) (27 May 2021)

High Court (Commercial Court)

TP ICAP Ltd v Nex Group Ltd [2021] EWHC 1375 (Comm) (27 May 2021)

XL Insurance Company SE v Ipors Underwriting Ltd & Ors [2021] EWHC 1407 (Comm) (26 May 2021)

High Court (Queen’s Bench Division)

YXA v Wolverhampton City Council [2021] EWHC 1444 (QB) (26 May 2021)

High Court (Technology and Construction Court)

Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs) [2021] EWHC 1414 (TCC) (28 May 2021)

Dana UK AXLE Ltd v Freudenberg FST GmbH [2021] EWHC 1413 (TCC) (26 May 2021)

Source: www.bailii.org

Windrush compensation: £30m offered to victims so far, Home Office says – BBC News

‘Nearly £30m has been offered in compensation to victims of the Windrush scandal, it has been confirmed, amid criticism over slow payments.’

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BBC News, 27th May 2021

Source: www.bbc.co.uk

Rape prosecution review failed to engage with victims, say survivor groups – The Guardian

‘A government-led review into the collapse of rape prosecutions in England and Wales has failed to “meaningfully engage” with rape survivors, despite assurances from a minister that they had been consulted, according to groups representing victims.’

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The Guardian, 27th May 2021

Source: www.theguardian.com

‘Victimised’ jockey wins partial victory after appeal over non-trier ban – The Guardian

Posted May 28th, 2021 in appeals, disciplinary procedures, news, professional conduct, sport by sally

‘Jason Watson achieved only a partial victory in his appeal on Thursday against a seven-day ban under the non-trier rules, after a hearing that turned on the question of how much effort a rider should make to gain the best possible placing when any realistic hope of making the frame is long gone.’

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The Guardian, 28th May 2021

Source: www.theguardian.com

Black people 12 times more likely to be prosecuted for cannabis, new analysis shows – The Independent

‘Black people are 12 times more likely to be prosecuted for cannabis possession than white people, according to new analysis by the Liberal Democrats who are calling for an end to the use of Stop and Search for small amounts.’

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The Independent, 27th May 2021

Source: www.independent.co.uk

‘More work to do’ to improve Nottingham maternity units – BBC News

‘More needs to be done to bring maternity units at a city’s two main hospitals up to scratch, inspectors have said.’

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BBC News, 28th May 2021

Source: www.bbc.co.uk

Cawston Park hospital closed after ‘consistent failures’ – BBC News

Posted May 28th, 2021 in autism, hospitals, learning difficulties, news, quality assurance by sally

‘A hospital which provided care for adults with a learning disability or autism closed after “consistent failures in meeting standards”, the health watchdog said.’

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BBC News, 28th May 2021

Source: www.bbc.co.uk

Sewell says commission did find evidence of ‘persistent discrimination’ despite controversial race report – The Independent

Posted May 28th, 2021 in equality, inquiries, news, race discrimination, reports, select committees by sally

‘A commission on racial inequality found evidence of “persistent race-based discrimination”, its chair told MPs on Thursday – despite barely mentioning the phrase in its widely contested report published earlier this year.’

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The Independent, 27th May 2021

Source: www.independent.co.uk

Girl, 10, refused EU settled status in UK despite all family members being accepted – The Independent

Posted May 28th, 2021 in brexit, children, EC law, families, government departments, immigration, news, visas by sally

‘A 10-year-old girl has been refused EU settled status despite the fact that all of her immediate family members have been granted it.’

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The Independent, 28th May 2021

Source: www.independent.co.uk

Two Merseyside police officers jailed for covering up colleague’s assault – The Guardian

‘Two police officers have been sent to prison and a third handed a suspended sentence by a judge who said they took part in “what can only be described as a cover-up” over a colleague’s assault of an innocent man.’

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The Guardian, 27th May 2021

Source: www.theguardian.com

EU citizens win right to access personal data held by Home Office – The Guardian

Posted May 28th, 2021 in appeals, data protection, EC law, government departments, immigration, news by sally

‘EU citizens have won the right to get full access to records about them held by the Home Office or any other body after a legal battle by campaigners. Three judges at the court of appeal unanimously overturned an earlier high court decision that their case had no legal merit and ruled the Data Protection Act 2018 (DPA) unlawfully denied them access to their data through an “immigration exemption” clause.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

Insurers must not penalise loyal customers, says FCA – BBC News

‘People renewing their home or motor insurance will pay no more than they would as a new customer from January. The new rules have been confirmed by the City regulator, the Financial Conduct Authority (FCA), following years of complaints.’

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BBC News, 28th May 2021

Source: www.bbc.co.uk

Research briefing: Children: child arrangements orders – safeguards when domestic abuse issues arise (England and Wales) – House of Commons

Posted May 27th, 2021 in child arrangements orders, domestic violence, family courts, news by sally

‘This briefing provides information on how the family courts address issues of domestic abuse in private law proceedings relating to children, in particular proceedings relating to child arrangements orders. The final two sections of the briefing provide information on proposals for reform in this area.’

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House of Commons, 26th May 2021

Source: commonslibrary.parliament.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 27th, 2021 in legislation by sally

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2021

The Sanctions and Anti-Money Laundering Act 2018 (Commencement No. 3) Regulations 2021

The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2021

The Counter-Terrorism and Border Security Act 2019 (Commencement No. 1) (Northern Ireland) Regulations 2021

The Chief Inspector of Education, Children’s Services and Skills Order 2021

The Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021

The Double Taxation Relief (Federal Republic of Germany) Order 2021

The Double Taxation Relief (Sweden) Order 2021

The Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021

The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021

The Child Benefit (General) (Coronavirus) (Amendment) Regulations 2021

The Pension Schemes Act 2021 (Commencement No. 1) Regulations 2021

The Employment Rights Act 1996 (Protection from Detriment in Health and Safety Cases) (Amendment) Order 2021

Source: www.legislation.gov.uk

Termination – where did it all go wrong? – Practical Law: Construction Blog

Posted May 27th, 2021 in construction industry, contracts, coronavirus, news by sally

‘Is it just me who has seen a lot of disputes regarding wrongful termination since the beginning of the COVID-19 pandemic? A large proportion of those disputes have concerned whether a party has terminated in accordance with the provisions in a JCT contract. While parties frequently attempt to exercise termination provisions under JCT contracts, very few seem to do so effectively.’

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Practical Law: Construction Blog, 26th May 2021

Source: constructionblog.practicallaw.com

Alastair Richardson: The Legality of Home Office Fees – UK Constitutional Law Association

“Project for the Registration of Children as British Citizens v Secretary of State for the Home Department (PRCBC) concerned a challenge to the lawfulness of fees charged to children applying to be registered as British citizens. The fees have a serious adverse impact on the ability of many children to apply for registration.”

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UK Constitutional Law Association, 26th May 2021

Source: ukconstitutionallaw.org

High Court judge criticises failure by council to deliver EHC plan – Local Government Lawyer

‘Nottinghamshire County Council failed to adequately deliver a disabled child’s Education, Health and Care Plan (EHCP) the High Court has ruled.’

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Local Government Lawyer, 27th May 2021

Source: www.localgovernmentlawyer.co.uk

Misogyny as a hate crime – what it means and why it’s needed – Family Law

Posted May 27th, 2021 in criminal records, hate crime, news, police, women by sally

‘In recent weeks, the government announced that it will instruct all police forces across the UK to start recording crimes motivated by sex or gender on an experimental basis- effectively making misogyny a hate crime. This follows the example of Nottinghamshire Police in 2016, followed by another 10 police forces since.’

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Family Law, 25th May 2021

Source: www.familylaw.co.uk

CPS statement on Hillsborough ruling – Crown Prosecution Service

‘The Nightingale Court at The Lowry Theatre, Manchester, has found there is no case for Peter Metcalf, former Chief Superintendent Donald Denton and former Detective Chief Inspector Alan Foster to answer on the charges of perverting the course of justice in relation to their actions following the Hillsborough disaster in 1989.’

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Crown Prosecution Service, 26th May 2021

Source: www.cps.gov.uk