Little sign of slowdown in solicitor-client costs disputes – Legal Futures

Posted December 17th, 2024 in appeals, costs, dispute resolution, news, solicitors, statistics by sally

‘Few costs lawyers have seen a reduction in disputes between solicitors and their clients despite 2022’s Court of Appeal ruling in Belsner, their representative body has reported.’

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Legal Futures, 17th December 2024

Source: www.legalfutures.co.uk

Tribunal clears council solicitor who amended witness statement – Legal Futures

‘A council solicitor who amended a signed witness statement without express confirmation of the changes before submitting it to the High Court has been cleared of misconduct.’

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Legal Futures, 17th December 2024

Source: www.legalfutures.co.uk

Prosecutors publish updated ‘deception as to sex’ guidance – Crown Prosecution Service

‘Updated prosecution guidance, which clarifies the law on when deceiving someone or failing to disclose birth sex could affect consent in rape cases, has been published today by the Crown Prosecution Service.’

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Crown Prosecution Service, 13th December 2024

Source: www.cps.gov.uk

Court of Appeal finds against Shell in environmental claims over oil spills – Law Society’s Gazette

Posted December 17th, 2024 in case management, environmental protection, jurisdiction, news, pleadings, pollution by sally

‘The Court of Appeal has allowed a challenge against a declaration that claims against Shell over oil spills in the Niger Delta region in Nigeria were “global claims”, finding that the right of a litigant to bring a claim and determine how it is proved “should be respected in all normal circumstances”.’

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Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

Family case must be reheard after barrister spoke to father and appeared for mother – Law Society’s Gazette

Posted December 17th, 2024 in child arrangements orders, delay, legal representation, news by sally

‘An appeal against a child arrangements order has been granted after it emerged that a barrister who represented the mother in proceedings had also been approached in a professional capacity by the father.’

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Law Society's Gazette, 17th December 2024

Source: www.lawgazette.co.uk

Civil case against Gerry Adams in London set for 2026 – BBC News

Posted December 17th, 2024 in explosives, news, Northern Ireland, proscribed organisations, terrorism by sally

‘Former Sinn Féin president Gerry Adams is to give evidence in his own defence in a civil action being brought against him in London by three IRA bomb victims. The case has been set for trial in early 2026.
Mr Adams is being sued for symbolic damages of £1 for “vindicatory purposes”.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

UK unlawfully detained migrants on Diego Garcia, judge finds – BBC News

Posted December 17th, 2024 in asylum, detention, Diego Garcia, immigration, news, Sri Lanka by sally

‘Sri Lankan Tamil migrants were unlawfully detained for years on the remote British territory of Diego Garcia, a judge has ruled.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

Social media platforms have work to do to comply with Online Safety Act, says Ofcom – The Guardian

Posted December 17th, 2024 in children, codes of practice, internet, media, news by sally

‘Social media platforms have a “job of work” to do in order to comply with the UK’s Online Safety Act and have yet to introduce all the measures needed to protect children and adults from harmful content, the communications regulator has said.’

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The Guardian, 16th December 2024

Source: www.theguardian.com

Woman who threw milkshake over Nigel Farage given suspended sentence – The Guardian

Posted December 17th, 2024 in assault, criminal damage, news, sentencing, suspended sentences by sally

‘A woman who threw a milkshake over Nigel Farage during the general election campaign has been given a 13-week prison sentence, suspended for 12 months.’

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The Guardian, 16th December 2024

Source: www.theguardian.com

Watchdog warns Defra and Ofwat they could face court over sewage dumping – The Guardian

Posted December 17th, 2024 in news, pollution, sewerage, water, water companies by sally

‘The government, its water regulator and the Environment Agency could all be taken to court over their failure to tackle sewage dumping in England after a watchdog found failures to comply with the law.’

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The Guardian 17th December 2024

Source: www.theguardian.com

EU sues UK over post-Brexit freedom of movement failures in blow to Starmer’s reset – The Independent

Posted December 17th, 2024 in brexit, EC law, freedom of movement, news by sally

‘The European Commission is taking Britain to court over its alleged failure to comply with EU law on freedom of movement after Brexit.’

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The Independent, 16th December 2024

Source: www.independent.co.uk

Lucy Letby’s lawyers seek fresh appeal after saying expert witness ‘changed his mind’ over deaths – The Independent

Posted December 17th, 2024 in children, expert witnesses, murder, news, nurses by sally

‘Lucy Letby’s lawyers are seeking to launch a fresh appeal over her convictions after claiming the prosecution’s lead witness was “not reliable”. The serial killer nurse’s barrister, Mark McDonald, said he would immediately seek permission from the Court of Appeal to take the “exceptional, but necessary, decision” to apply to reopen her case.’

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The Independent, 16th December 2024

Source: www.independent.co.uk

No Recourse to Public Funds and Article 3: Proving Systems Duty Breaches – EIN Blog

Posted December 16th, 2024 in delay, human rights, immigration, ministers' powers and duties, news by sally

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

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EIN Blog, 13th December 2024

Source: www.ein.org.uk

Statement on BBC File on 4 on abuse by David Tudor – Law & Religion UK

Posted December 16th, 2024 in child abuse, Church of England, clergy, media, news, sexual offences by sally

‘The Church of England has issued the following Statement on the case of the former Church of England rector David Tudor, highlighted in the BBC File on Four documentary.’

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Law & Religion UK, 16th December 2024

Source: lawandreligionuk.com

Ealing comedy. Getting statutory nuisance very wrong – Nearly Legal

Posted December 16th, 2024 in local government, magistrates, news, nuisance, prosecutions by sally

‘Ferko v Ealing Magistrates Court & Ors (2024) EWHC 2592 (Admin). This was an appeal by case stated to the High Court from a decision of Ealing Magistrates Court on a statutory nuisance/section 82 Environmental Protection Act 1990 prosecution. It is also a remarkable illustration of just how wrong the Magistrates can get such a prosecution, as well as being a helpful primer to constituent elements of an EPA prosecution case.’

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Nearly Legal, 15th December 2024

Source: nearlylegal.co.uk

Anurag Deb: The language of laws: Situating legislative drafting in its proper context – UK Constitutional Law Association

Posted December 16th, 2024 in bills, constitutional law, drafting, news by sally

‘One aspect of the recent debates surrounding the Terminally Ill Adults (End of Life) Bill moved by Kim Leadbeater MP was the criticism expressed of the Bill’s drafting – that is, the actual text of the Bill’s provisions as distinct from their underlying policy objectives or purposes. The concerns with this language were largely put to bed when it emerged that the Bill had been drafted by Dame Elizabeth Gardiner, the former First Parliamentary Counsel (FPC, the head of the Office of the Parliamentary Counsel – the legal drafters who draft Bills moved in the UK Parliament).

In this post, I want to challenge two ideas about how the language of a Bill emerges, not least because legislative drafting is a seldom discussed, and (with respect to those who have engaged with this issue in the context of the Leadbeater Bill) considerably underappreciated, aspect of how primary legislation is made at Westminster and its devolved counterparts.’

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UK Constitutional Law Association, 16th December 2024

Source: ukconstitutionallaw.org

Misuse of private information: Google and DeepMind Technologies – UK Human Rights Blog

‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private information against the respondents Google UK Limited (Google) and DeepMind Technologies Limited (DeepMind). The action was on behalf of Mr Prismall and a class of persons said to number approximately 1.6 million.’

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UK Human Rights Blog, 13th December 2024

Source: ukhumanrightsblog.com

Court of Protection Update – December 2024 – Local Government Lawyer

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Making FGM protection orders – Local Government Lawyer

Posted December 16th, 2024 in children, families, female genital mutilation, local government, news by sally

‘A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Providing support for children with complex needs – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk