Defensive Advising Strategies 1: What you learn from practising in the field of professional negligence – Wilberforce Chambers

‘Relatively speaking, barristers usually have rather broad practices. Even if (like me) a significant part of their practice is concerned with advisory work and drafting, barristers are often also engaged on various litigious matters relating to their underlying area of expertise, including professional negligence claims. By contrast, despite exposure to a variety of areas of practice whilst training, the organisation of many firms of solicitors can often have the effect that private client solicitors know little of litigation. For example, I once saw a draft witness statement prepared by a private client solicitor, where the parties in the heading were referred to separately in each capacity – as with a deed. And it is particularly problematic that private client lawyers often do not know very much about the field of professional negligence.’

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Wilberforce Chambers, 13th May 2021

Source: www.wilberforce.co.uk

Aster Communities v Chapman & Others [2021] EWCA Civ 660 – Tanfield Chambers

‘In Aster Communities v Chapman & Others [2021] EWCA Civ 660 (“Aster”) the Court of Appeal considered the circumstances in which the First-tier Tribunal (“the FTT”) may grant a landlord dispensation from the service charge consultation requirements prescribed by s. 20 of the Landlord and Tenant Act 1985 (“the 1985 Act”).’

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Tanfield Chambers, 10th May 2021

Source: www.tanfieldchambers.co.uk

Applications for review in Special Educational Needs Cases – Local Government Lawyer

‘What constitutes a change in “circumstances relevant to the decision”? Holly Littlewood considers the practical implications of a recent Upper Tribunal ruling.’

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Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

Lies and Lucas in the Family Court – Local Government Lawyer

‘Andrew Bagchi QC and Anna Lavelle examine an important Court of Appeal ruling on fact-finding hearings and Lucas directions, and considerations of children giving oral evidence in family proceedings.’

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Local Government Lawyer, 14th May 2021

Source: www.localgovernmentlawyer.co.uk

SRA and BSB change approaches to gender in diversity surveys – Legal Futures

‘Both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) are this year changing their approach to recording the sex and gender of those they regulate, it has emerged.’

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Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

UK Immigration Rough Sleeper Rule – Family Law

‘The UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s permission to remain within the UK.’

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Family Law, 11th May 2021

Source: www.familylaw.co.uk

CPS review findings for first year of coronavirus prosecutions – Crown Prosecution Service

‘The CPS has now reviewed a full year’s worth of cases charged under the coronavirus legislation, as part of our commitment to ensuring the laws are being applied consistently and correctly. Prosecutors checked 1,821 finalised cases under the Coronavirus Act and Health Protection Regulations between 26 March 2020 and 31 March 2021.’

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Crown Prosecution Service, 13th May 2021

Source: www.cps.gov.uk

Buckland urged to retain choice for court-assessed legal aid bills – Law Society’s Gazette

Posted May 14th, 2021 in consultations, costs, Law Society, legal aid, Ministry of Justice, news by sally

‘The Ministry of Justice has been urged not to bring court-assessed civil legal aid bills in-house amid impartiality and transparency concerns as well as the impact on an already-dwindling supplier base.’

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Law Society's Gazette, 13th May 2021

Source: www.lawgazette.co.uk

County court order against Boris Johnson struck out – BBC News

‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’

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BBC News, 13th May 2021

Source: www.bbc.co.uk

Drunk driver jailed over student’s death in Nottingham – BBC News

‘A driver has been jailed after causing the death of a university student in a hit-and-run last year.’

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BBC News, 13th May 2021

Source: www.bbc.co.uk

A woman has been jailed after vandalising the grave of a young diabetic man with the words: “Ha Ha Ha Liam. Looks like diabetes won again.”

‘A woman has been jailed after vandalising the grave of a young diabetic man with the words: “Ha Ha Ha Liam. Looks like diabetes won again.” ‘

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The Independent, 13th May 2021

Source: www.independent.co.uk

New laws could lead to politicisation of the NHS, leading MPs warn – The Independent

‘The Commons health select committee said the planned new powers that would be granted to Matt Hancock under proposed changes legislation lack the necessary safeguards or detail on how the powers would be used.’

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The Independent, 14th May 2021

Source: www.independent.co.uk

Former Met officer who used position to aid criminal gang jailed – The Guardian

‘A former Metropolitan police officer who used his position to help a criminal gang seize money from other offenders has been jailed for eight years.’

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The Guardian, 13th May 2021

Source: www.theguardian.com

Hundreds of women forced to ‘wear face masks while giving birth’ – The Independent

‘Hundreds of women were forced to wear face masks while giving birth despite this violating formal rules, a new study has found.’

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The Independent, 14th May 2021

Source: www.independent.co.uk

Agoraphobic pregnant woman can be forced into hospital, UK judge rules – The Guardian

‘Judge rules medical staff can use minimum force on woman who has barely left home in four years.’

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The Guardian, 14th May 2021

Source: www.theguardian.com

Parents seek second inquest into baby’s hospital death – BBC News

‘The parents of a baby who died after medical errors are to push for a new inquest into his death, after they say a “cruel” inquest denied them justice.’

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BBC News, 14th May 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2021 in legislation by sally

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 15) Regulations 2021

The Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2021

The Public Procurement (Agreement on Government Procurement) (Amendment) Regulations 2021

The Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2021

The Accounts and Audit (Amendment No. 2) Regulations 2021

The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021

The European Union (European Schools) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 13th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Donovan & Anor v Grainmarket Asset Management LLP [2021] EWCA Civ 686 (12 May 2021)

KM v Secretary of State for the Home Department [2021] EWCA Civ 693 (11 May 2021)

High Court (Administrative Court)

ZK, R (On the Application Of) v Norfolk County Council & Anor [2021] EWHC 1249 (Admin) (12 May 2021)

Nottinghamshire Police, R (On the Application Of) v Police Appeals Tribunal [2021] EWHC 1248 (Admin) (12 May 2021)

Barton Park Estates Ltd v The Secretary of State for Housing, Communities and Local Government [2021] EWHC 1200 (Admin) (12 May 2021)

High Court (Chancery Division)

Virgin Active Holdings Ltd & Ors, Re [2021] EWHC 1246 (Ch) (12 May 2021)

Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 1245 (Ch) (12 May 2021)

Secretary of State for Business Energy And Industrial Strategy v Celtic Consultancy & Enterprises Ltd & Ors [2021] EWHC 1240 (Ch) (12 May 2021)

The Secretary of State for Business, Energy And Industrial Strategy v Rajgor [2021] EWHC 1239 (Ch) (11 May 2021)

High Court (Commercial Court)

The London Steam-Ship Mutual Insurance Association Ltd v The Kingdom of Spain (M/T PRESTIGE) [2021] EWHC 1247 (Comm) (12 May 2021)

High Court (Queen’s Bench Division)

London Borough of Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) (12 May 2021)

Source: www.bailii.org

Courts could punish paedophiles on intent not harm – BBC News

Posted May 13th, 2021 in child abuse, internet, news, sentencing, sexual grooming, sexual offences by sally

‘The body overseeing criminal sentences in England and Wales is proposing treating paedophiles who are caught in stings the same as abusers who harm real children.’

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BBC News, 13th May 2021

Source: www.bbc.co.uk

Gareth Evans: The Senedd Election and the Constitutional Prospects for Welsh Devolution – UK Constitutional Law Association

‘On 6 May 2021, the people of Wales went to the polls in the sixth Senedd election. More so than in previous Senedd elections, the focus of the debate centred around a catalogue of distinctly Welsh political issues, including the constitutional future of the Welsh devolution settlement. Among the constitutional possibilities offered to voters at the election were proposals for both the abolition of the Senedd and Welsh independence, together with the more muted options of maintaining the constitutional status quo, or seeking the devolution of additional powers in areas such as justice and policing, transport and broadcasting.’

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UK Constitutional Law Association, 13th May 2021

Source: ukconstitutionallaw.org