Rodney Brazier: Mr Johnson and His Flat – UK Constitutional Law Association

‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’

Full Story

UK Constitutional Law Association, 4th May 2021

Source: ukconstitutionallaw.org

Immigration removal and an Article 2 inquest – UK Human Rights Blog

‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’

Full Story

UK Human Rights Blog, 29th April 2021

Source: ukhumanrightsblog.com

Council fails in appeal over direction by judge that parents and child should undergo residential assessment – Local Government Lawyer

Posted May 4th, 2021 in appeals, care orders, children, local government, news by sally

‘A Family Court judge has rejected an appeal brought by a local authority against a case management decision by a district judge pursuant to s 38(6) of the Children Act (1989) directing that the parents and the subject child (“L”) should undergo a residential assessment.’

Full Story

Local Government Lawyer, 3rd May 2021

Source: www.localgovernmentlawyer.co.uk

Judge blasts “lamentable” applications and non-compliant skeletons – Litigation Futures

Posted May 4th, 2021 in case management, drafting, news, skeleton arguments by sally

‘A deputy High Court judge has hit out at the “lamentable” way applications before him were prepared, including non-compliant and late skeleton arguments from counsel.’

Full Story

Litigation Futures, 4th May 2021

Source: www.litigationfutures.com

S&G lawyer wins unfair dismissal claim – but no damages – Legal Futures

Posted May 4th, 2021 in damages, employment tribunals, news, redundancy, unfair dismissal by sally

‘A senior costs specialist at Slater & Gordon (S&G) has won a claim for unfair dismissal on one ground but an employment tribunal decided it would not be just to award him damages.’

Full Story

Legal futures, 4th May 2021

Source: www.legalfutures.co.uk

Proposals to allow electronic documents would revolutionise trade – Law Commission

‘The Law Commission has announced a consultation on proposals to allow for the legal recognition of electronic versions of documents such as bills of lading and bills of exchange. If implemented, the reforms could revolutionise global trade and bring the processes into the 21st Century. We are also considering reform of the legal treatment of cryptoassets and digital assets and today published a call for evidence as part of that process (see below).’

Full press release

Law Commission, 30th April 2021

Source: https://www.lawcom.gov.uk/proposals-to-allow-electronic-documents-would-revolutionise-trade/

Former police officer jailed for National Action membership – Crown Prosecution Service

‘A former probationary police officer has been sentenced at the Old Bailey to a total of four years and four months in prison after he was exposed as a secret member of a neo-Nazi group.’

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Crown Prosecution Service, 30th April 2021

Source: www.cps.gov.uk

Bar Council backs Charter for Black Talent – The Bar Council

Posted May 4th, 2021 in barristers, diversity, equality, minorities, news by sally

‘The Bar Council, the barristers profession’s representative body, has today become the latest organisation to give its backing to the Charter for Black Talent in Finance and the Professions, an initiative aimed at increasing the number of talented Black professionals in senior positions in the financial and professional services sectors in the UK.’

Full Story

The Bar Council, 30th April 2021

Source: www.barcouncil.org.uk

Netflix star fined £3,000 for abusing BA staff on flight and ranting: ‘Look up who my mum is’ – The Independent

Posted May 4th, 2021 in airlines, alcohol abuse, coronavirus, fines, news, regulations by sally

‘A Netflix reality TV star and son of a former attorney general has been fined nearly £3,000 for being abusive to staff on a flight and refusing to wear a mask.’

Full Story

The Independent, 2nd May 2021

Source: www.independent.co.uk

500 Windrush victims waiting more than a year for compensation – The Independent

Posted May 4th, 2021 in citizenship, colonies, compensation, delay, immigration, news by sally

‘The government is being urged to remove the Windrush compensation scheme from the Home Office after new data showed 214 applicants have been waiting more than 18 months and five people more than two years.’

Full Story

The Independent, 2nd May 2021

Source: www.independent.co.uk

Hospitality bosses lose court battle over indoor opening – BBC News

Posted May 4th, 2021 in coronavirus, food, licensed premises, news, regulations by sally

‘Hospitality bosses have lost a legal challenge for a faster reopening for indoor dining in England.’

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BBC News, 3rd May 2021

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted April 30th, 2021 in cosmetic surgery, financial regulation, legislation by sally

Botulinum Toxin and Cosmetic Fillers (Children) Act 2021

Financial Services Act 2021

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 30th, 2021 in legislation by sally

The Marriage (Authorised Persons) Regulations 2021

The Marriage (Keeping of Records in Churches and Chapels) Regulations 2021

The Bank for International Settlements (Immunities and Privileges) Order 2021

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 11) Order 2021

The Nursing and Midwifery (European Qualifications) (Amendment) Regulations 2021

The G7 Presidency (Immunities and Privileges) Order 2021

The Civil Aviation Act 1982 (Overseas Territories) Order 2021

The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021

Source: www.legisaltion.gvo.uk

BAILII: Recent Decisions

Posted April 30th, 2021 in law reports by sally

Court of Appeal (Civil Division)

TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619 (29 April 2021)

High Court (Administrative Court)

ST & Anor v Secretary of State for the Home Department [2021] EWHC 1085 (Admin) (29 April 2021)

Bacau District Court Romania v Iancu [2021] EWHC 1107 (Admin) (29 April 2021)

Carlos, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 986 (Admin) (29 April 2021)

High Court (Chancery Division)

Koza Ltd & Anor v Koza Altin Isletmeleri As [2021] EWHC 1098 (Ch) (29 April 2021)

PJSC Bank Finance and Credit, Re (Cross-Border Insolvency Regulations 2006) [2021] EWHC 1100 (Ch) (29 April 2021)

High Court (Commercial Court)

Olympic Council of Asia v Novans Jets LLP [2021] EWHC 1063 (Comm) (30 April 2021)

Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Anor [2021] EWHC 1119 (Comm) (29 April 2021)

Hicks v 89 Holland Park (Management) Ltd [2021] EWHC 930 (Comm) (29 April 2021)

High Court (Queen’s Bench Division)

Jamieson v Wurttembergische Versicherung Ag & Anor [2021] EWHC 1111 (QB) (30 April 2021)

PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) (29 April 2021)

Source: www.bailii.org.uk

Longer jail terms and stricter monitoring as new terror laws gain Royal Assent – Ministry of Justice

‘The biggest shake-up of terrorist sentencing and monitoring in decades has been granted Royal Assent today (29 April 2021) – giving the courts, police and security services greater powers to protect the public.’

Full press release

Ministry of Justice, 29th April 2021

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

High Court judge hands down ruling on lawful scope of statutory consultation response – Local Government Lawyer

Posted April 30th, 2021 in consultations, local government, news, planning, roads by sally

‘Norfolk County Council wrongly took account of the economic benefits of a development proposal when in its capacity as highways authority it decided not to object to its impact on a local main road.’

Full Story

Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge says system of city council for accommodating homeless people is unlawful – Local Government Lawyer

Posted April 30th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘Birmingham City Council’s system for allocating accommodation to homeless people has been declared unlawful by the High Court.’

Full Story

Local Government Lawyer, 29th April 2021

Source: www.localgovernmentlawyer.co.uk

The 64-page guide for litigants in person bringing ‘simple’ whiplash claims – Legal Futures

‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’

Full Story

Legal Futures, 30th April 2021

Source: www.legalfutures.co.uk

Landmark Domestic Abuse Bill receives Royal Assent  – Home Office

‘The Bill provides protection to millions of people who experience domestic abuse and strengthens measures to tackle perpetrators.’

Full press release

Home Office, 29th April 2021

Source: www.gov.uk/home-office

Bar promises tougher sanctions on sexual misconduct – Law Society’s Gazette

‘The bar tribunal service has proposed significantly tougher sanctions for barristers who commit sexual misconduct, after facing criticism for being too lenient.’

Full Story

Law Society's Gazette, 29th April 2021

Source: www.lawgazette.co.uk