‘Unjust’ six-month time limit for reporting domestic abuse to police must be extended, MPs urge – The Independent

‘The government must urgently extend the “unjust” six-month time limit for domestic abuse victims to report domestic physical violence to the police, according to MPs who are to raise the issue in parliament.’

Full Story

The Independent, 22nd May 2021

Source: www.independent.co.uk

Woman jailed after grooming vulnerable boy for sex – The Independent

‘A woman has been jailed for six years over a series of sex offences involving a vulnerable underage boy.’

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The Independent, 22nd May 2021

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 24th, 2021 in legislation by sally

The Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Commencement and Transitional Provisions) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 24th, 2021 in law reports by sally

Supreme Court

Matthew & Ors v Sedman & Ors [2021] UKSC 19 (21 May 2021)

Court of Appeal (Civil Division)

Heathrow Airport Ltd & Ors v Her Majesty’s Treasury [2021] EWCA Civ 783 (21 May 2021)

Lenkor Energy Trading DMCC v Puri [2021] EWCA Civ 770 (21 May 2021)

Court of Appeal (Criminal Division)

McWilliams, R. v [2021] EWCA Crim 745 (21 May 2021)

High Court (Administrative Court)

Trinity College (CSP) Ltd, R (on the application of) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1355 (Admin) (21 May 2021)

Cross, R (On the Application Of) v Cornwall Council [2021] EWHC 1323 (Admin) (21 May 2021)

Ullmer v Secretary of State for Education [2021] EWHC 1366 (Admin) (21 May 2021)

Juden v London Borough of Tower Hamlets [2021] EWHC 1368 (Admin) (21 May 2021)

High Court (Chancery Division)

Knight v Fernley & Anor [2021] EWHC 1343 (Ch) (21 May 2021)

Nicholson v Hardy [2021] EWHC 1311 (Ch) (21 May 2021)

McMonagle v Harvey & Ors [2021] EWHC 1374 (Ch) (21 May 2021)

High Court (Commercial Court)

BP Oil International Ltd v Vega Petroleum Ltd & Anor [2021] EWHC 1364 (Comm) (21 May 2021)

High Court (Family Division)

JK (A Child), Re (Domestic Abuse: Finding of Fact Hearing) [2021] EWHC 1367 (Fam) (21 May 2021)

Source: www.bailii.org

The Inferno of the private rental sector – Nearly Legal

Posted May 24th, 2021 in debts, housing, landlord & tenant, news, rent by sally

‘For some reason, a whole tranche of First tier Tribunal decisions on rent repayment order applications have just shown up on Bailii. Collectively, they confirm that should you wish to take a journey through the 9 circles of the hell of the private rented sector, rent repayment order decisions are a good way to find displayed what Dante tells us are the three conditions of sin – incontinence, vice, and brute bestiality.’

Full Story

Nearly Legal, 23rd May 2021

Source: nearlylegal.co.uk

Finnian Clarke: Be careful what you wish for: The government’s judicial review consultation on public law nullity – UK Constitutional Law Association

‘In its “Judicial Review Reform: the Government Response to the Independent Review of Administrative Law” consultation document, the government puts forward a number of suggestions for reform of the concept of “nullity” within UK public law. They suggest among other things that only jurisdictional errors should be deemed void ab initio, and/or that courts ought to have a presumption against a finding of nullity. Though the recent Queen’s speech included a Judicial Review Bill, it made no mention of these specific proposals, suggesting that the government may be minded to shelve these ideas for now. In this post I’ll argue that the government would be well-advised to leave nullity alone.’

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UK Constitutional Law Association, 24th May 2021

Source: ukconstitutionallaw.org

Retention of data on alleged rapist lawful despite acquittal in criminal proceedings – UK Human Rights Blog

‘YZ, R (on the application of) v Chief Constable of South Wales Police (Rev 1) [2021] EWHC 1060 (30 April 2021). The claimant YZ had been acquitted on three counts raping his former wife but details concerning these matters remain on the Police National Computer (PNC). These proceedings concerned whether such retention was lawful.’

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UK Human Rights Blog, 21st May 2021

Source: ukhumanrightsblog.com

£200 million investment in rehab services to cut crime – Ministry of Justice

‘Charities and companies which help rehabilitate offenders have been awarded around £200 million of Government funding to help cut crime in the new probation system.’

Ministry of Justice, 21st May 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

Much still to do, says litigation investor after breast implant case progress – Litigation Futures

‘A litigation investment company bringing High Court proceedings over PIP breast implants has welcomed a liability decision in France but said there is “still much more work to be done” on its claim in the UK.’

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Litigation Futures, 21st May 2021

Source: www.litigationfutures.com

Bar: ‘no end to justice emergency’ – Law Society’s Gazette

‘In April 2020, the Bar Council predicted that 80% of chambers would collapse within a year without urgent financial aid. More than a year on, the pandemic persists – as do the vast majority of chambers. Were the early warnings overblown, or is the future of the bar still at risk?’

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Law Society's Gazette, 24th May 2021

Source: www.lawgazette.co.uk

Bar chief vexed by super-regulator’s mission creep – Law Society’s Gazette

Posted May 24th, 2021 in barristers, Legal Services Board, news by sally

‘The Bar Council has suggested that the Legal Services Board is exceeding its remit, citing the super-regulator’s “surprising” plans to reshape the justice sector.’

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Law Society's Gazette, 24th May 2021

Source: www.lawgazette.co.uk

Dozens of vulnerable asylum seekers wrongly placed in Napier Barracks despite watchdog warnings – The Independent

‘Dozens of asylum seekers have been wrongly placed in Napier Barracks after the Home Office failed to recognise their vulnerabilities, prompting concerns that ministers have ignored warnings from watchdogs.’

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The Independent, 23rd May 2021

Source: www.independent.co.uk

Patel unveils digital visa to help ‘count people entering and leaving UK’ – The Guardian

Posted May 24th, 2021 in asylum, deportation, government departments, immigration, news, visas by sally

‘Priti Patel has unveiled a US-style digital visa system that she claimed would help the government to count numbers of people entering and leaving the UK accurately for the first time.’

Full Story

The Guardian, 23rd May 2021

Source: www.theguardian.com

Legal bid launched to stop Boris Johnson deleting WhatsApp messages about Covid decisions – The Independent

‘A legal bid has been launched to stop Boris Johnson and his ministers from deleting WhatsApp messages and other communications that would shed light on how they took decisions during the pandemic.’

Full Story

The Independent, 23rd May 2021

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 21st, 2021 in legislation by sally

The Single Use Carrier Bags Charges (England) (Amendment) Order 2021

The Agriculture Act 2020 (Commencement No. 1 and Transitional Provision) (England) Regulations 2021

The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Civil Aviation Authority) Regulations 2021

The Civil Liability Act 2018 (Financial Conduct Authority) (Whiplash) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 21st, 2021 in law reports by sally

Court of Appeal (Civil Division)

Dansingani & Anor v Canara Bank [2021] EWCA Civ 714 (20 May 2021)

Haris v General Medical Council [2021] EWCA Civ 763 (20 May 2021)

Thomas v Luv One Luv All Promotions Ltd & Anor [2021] EWCA Civ 732 (20 May 2021)

Laci v Secretary of State for the Home Department [2021] EWCA Civ 769 (20 May 2021)

TT (Children) [2021] EWCA Civ 742 (20 May 2021)

H-M (Children) [2021] EWCA Civ 748 (19 May 2021)

Court of Appeal (Criminal Division)

Dawes, R. v [2021] EWCA Crim 760 (21 May 2021)

Brecani v R. [2021] EWCA Crim 731 (19 May 2021)

High Court (Administrative Court)

BA, R (On the Application Of) v Nottinghamshire County Council [2021] EWHC 1348 (Admin) (20 May 2021)

AXA, R (On the Application Of) v London Borough of Hackney [2021] EWHC 1345 (Admin) (19 May 2021)

Van Mansart & Anor v Public Prosecutor’s Office, East Flanders (Belgium) [2021] EWHC 1339 (Admin) (19 May 2021)

High Court (Chancery Division)

Hobson v Secretary of State for Business, Energy and Industrial Stategy [2021] EWHC 1317 (Ch) (20 May 2021)

Otubu & Ors v Otubu (Re Estate of Godfrey Itse Mene Otubu) [2021] EWHC 1354 (Ch) (20 May 2021)

William Hill Plc, Re [2021] EWHC 1347 (Ch) (19 May 2021)

Trappit SA & Ors v American Express Europe LLC & Anor [2021] EWHC 1344 (Ch) (19 May 2021)

Maloney v Mundays LLP [2021] EWHC 1324 (Ch) (19 May 2021)

High Court (Commercial Court)

Brown-Forman Beverages Europe Ltd v Bacardi UK Ltd [2021] EWHC 1259 (Comm) (19 May 2021)

High Court (Technology and Construction Court)

Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd [2021] EWHC 1337 (TCC) (19 May 2021)

Source: www.bailii.org

Elections and compulsory photo ID – what effect will it have on Gypsies and Irish Travellers? – Each Other

Posted May 21st, 2021 in bills, elections, equality, human rights, identification, news, travellers by sally

‘At the annual Queen’s Speech last week, the controversial Electoral Integrity Bill was announced. If passed, it means that voters will need to produce a valid form of photo ID when they cast their vote. The government rationale behind the legislation is to secure trust and prevent fraud in UK voting systems. It is thought the legislation will be in place by next year. Despite being routinely practiced in many countries, including Northern Ireland and the United States, this type of legislation has been criticised for deterring voters and, more problematically, disenfranchising poorer, minority and elderly voters. This is due to the fact that procuring approved forms of identification can be expensive and time consuming.’

Full Story

Each Other, 20th May 2021

Source: eachother.org.uk

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.’

Full Story

UK Labour Law, 19th May 2021

Source: uklabourlawblog.com