A Sigh of Relief: Elkundi & Ors v Birmingham City Council – Nearly legal

‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’

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Nearly legal, 20th May 2021

Source: nearlylegal.co.uk

Non-party access to court documents – OUT-LAW.com

Posted May 21st, 2021 in chambers articles, courts, documents, news by sally

‘People or organisations who are not a party to a piece of litigation (non-parties) in England and wales can obtain copies of some documents relating to civil proceedings that are held at court. Depending on the type of document requested, the permission of the court may be required. Until fairly recently, the matter had received only limited consideration in Scotland, however, the position there appears to be similar although there are fewer court rules covering the situation and much will depend on the nature of the document sought and the identity of the party seeking it.’

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OUt-LAW.com, 20th May 2021

Source: www.pinsentmasons.com

Employee Monitoring as a Form of Imprisonment – Jeevan Hariharan and Hadassa Noorda – UK Labour Law

Posted May 21st, 2021 in employment, human rights, imprisonment, news, privacy, spying by sally

‘A cursory Google search of employee monitoring tools reveals the breadth of technologies now available for companies to track worker activity. The top results are dominated by advertisements for software with features like keystroke logging, website monitoring, video surveillance and geolocational tracking, all with the goals of keeping managers informed and harnessing productivity. While monitoring employees is hardly a new phenomenon, the interest in such technologies has dramatically increased as a result of the Covid-19 pandemic with the surge of people working from home (WFH). From a legal perspective, the permissibility of these monitoring practices is complex.’

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UK Labour Law, 19th May 2021

Source: uklabourlawblog.com

Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word – Local Government Lawyer

Posted May 21st, 2021 in appeals, local government, news, planning, Supreme Court by sally

‘Estelle Dehon and John Fitzsimons set out the lessons that those involved in neighbourhood plan and neighbourhood development order litigation should learn from a key Supreme Court ruling.’

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Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge clarifies position on adoption for co-parenting families where relationship has ended – Local Government Lawyer

Posted May 21st, 2021 in adoption, children, families, family courts, news by sally

‘The Family Court has ruled that in co-parenting families one parent may adopt a child born to the other even if they are no longer partners.’

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Local Government Lawyer, 21st May 2021

Source: www.localgovernmentlawyer.co.uk

High Court boosts flight delay claims as Supreme Court hears Bott case – Litigation Futures

Posted May 21st, 2021 in airlines, appeals, compensation, delay, EC law, law firms, news, Supreme Court by sally

‘The High Court has given yet another boost to flight delay practices after ruling that a passenger who boarded in London but suffered a delay on the connecting leg of her flight in Canada was entitled to compensation.’

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Litigation Futures, 20th May 2021

Source: www.litigationfutures.com

Family lawyers suffering from job insecurity and stress, survey finds – Legal Futures

‘Only half of family law professionals feel secure in their jobs right now, while a quarter are actively considering leaving the profession due to wellbeing concerns, major research has found.’

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Family Law, 21st May 2021

Source: www.legalfutures.co.uk

Will future earnings ever be shared after divorce? – Family Law

‘Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a “clean break”.’

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Family Law, 20th May 2021

Source: www.familylaw.co.uk

Government responds to inquiry into child sexual abuse in secure children’s homes – Family Law

‘The government has responded to the Independent Inquiry into Child Sexual Abuse custodial institutions report about placement in secure children’s homes.’

Government response

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Family Law, 20th May 2021

Source: www.familylaw.co.uk

Appeal dismissed despite ‘inexcusable’ 34-month wait for ruling – Law Society’s Gazette

Posted May 21st, 2021 in appeals, banking, delay, loans, news, retrials by sally

‘The Court of Appeal has dismissed an appeal made on the basis that the ruling in question was handed down 34 months after the conclusion of the trial.’

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Law Society's Gazette, 21st May 2021

Source: www.lawgazette.co.uk

Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week

‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’

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Family Law Week, 19th May 2021

Source: www.familylawweek.co.uk

Tens of thousands of EU citizens in UK to lose legal status next month due to Brexit ‘cliff edge’ – The Independent

Posted May 21st, 2021 in brexit, citizenship, deportation, government departments, immigration, news by sally

‘Tens of thousands of EU citizens in the UK could lose their legal status next month because of an “arbitrary” deadline that will leave vulnerable people in an “intolerable situation”, MPs and peers have warned.’

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The Independent, 20th May 2021

Source: www.independent.co.uk

‘Devious’ man jailed for trying to frame landlord’s partner over Westminster terror attack – The Independent

‘A man has been jailed for trying to frame an innocent person over the Westminster terror attack. Gerald Banyard, 67, fed police falsified information claiming a second man was involved in Khalid Masood’s deadly car and knife rampage “out of spite for his former landlord”.’

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The Independent, 20th May 2021

Source: www.independent.co.uk

Windrush victims not compensated quickly enough, report finds – The Guardian

‘The Home Office has failed to compensate victims of the Windrush scandal quickly enough, a critical National Audit Office (NAO) investigation into the compensation scheme has found.’

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The Guardian, 21st May 2021

Source: www.theguardian.com

Home Office’s rush to deport asylum seekers before Brexit was ‘inhumane’, watchdog finds – The Independent

‘The Home Office’s rush to deport asylum seekers last year ahead of Brexit amounted to “inhumane treatment,” a watchdog has found. In its annual report for 2020, the Independent Monitoring Board (IMB) for the Brook House Immigration Removal Centre (IRC) raised concerns around the impact of the government ramping up efforts to remove people arriving on small boats from the UK in the later months of 2020.’

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The Independent, 20th May 2021

Source: www.independent.co.uk

Police and prosecutors must focus on actions of alleged rapists not victims, new guidance says – The Independent

‘Police and prosecutors are to place greater focus on the actions of alleged rapists rather than their victims, after charges hit a record low. New legal guidance published by the Crown Prosecution Service (CPS) says investigators must use an “offender-centric” approach and look closely at the actions of suspects before, during and after reported attacks.’

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The Independent, 21st May 2021

Source: www.independent.co.uk

CPS updates rape legal guidance to reflect rapid growth in digital evidence – Crown Prosecution Service

‘The CPS has published refreshed rape and serious sexual offences (RASSO) legal guidance, delivering on our ongoing commitment to make the prosecution of these crimes reflect today’s rapidly changing society.’

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Crown Prosecution Service, 21st May 2021

Source: www.cps.gov.uk

Murderer James Ford who tried to help terror attack victim freed – BBC News

Posted May 21st, 2021 in murder, news, parole, rehabilitation, terrorism, victims by sally

‘A murderer who tried to help one of the victims of the London Bridge terror attack has been cleared by the Parole Board to be freed from prison.’

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BBC News, 21st May 2021

Source: www.bbc.co.uk

Brother of Manchester arena attackers asks for immunity to take part in public inquiry – The Guardian

Posted May 21st, 2021 in attorney general, families, immunity, inquiries, murder, news, terrorism by sally

‘The elder brother of the Manchester Arena bombers has asked for immunity from prosecution in return for answering questions at the public inquiry into the terror attack.’

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The Guardian, 20th May 2021

Source: www.theguardian.com

Contaminated blood inquiry: Matt Hancock to give evidence – BBC News

‘he health secretary will face questions about compensation for victims of the contaminated blood scandal on Friday afternoon.’

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BBC News, 21st May 2021

Source: www.bbc.co.uk