Radical change needed in handling of rape cases, says England and Wales police lead – The Guardian

‘Crack teams of specialist police officers are needed to bring rapists to justice and prevent a wholesale collapse of public confidence in the criminal justice system, according to the police lead for rape in England and Wales.’

Full Story

The Guardian, 14th February 2021

Source: www.theguardian.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

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Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Substantial debts are not substantial arrears – Nearly Legal

Posted February 15th, 2021 in coronavirus, debts, housing, human rights, landlord & tenant, news, rent, repossession by sally

‘The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House of Deptford Strond v (1) Prescott (2) Byrne (2021) EWHC 283 (Ch), was, until Saturday night, at risk of being a footnote in housing law history, but, with the extension of the ban on (most) evictions in England being extended until the end of March (here, and see below), it’s now a bit more important.’

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Nearly Legal, 14th February 2021

Source: nearlylegal.co.uk

DWP uses excessive surveillance on suspected fraudsters, report finds – The Guardian

‘Suspected benefit fraudsters in the UK are being subjected to excessive surveillance techniques such as being tailed by government officers or identified in CCTV footage, according to a report.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

Judge hits out at lack of regulated placement for vulnerable, suicidal 16 year old, despite 11 High Court hearings and sending series of judgments to ministers – Local Government Lawyer

‘An exasperated High Court judge has sent a fourth judgment to ministers over the continuing unavailability of a regulated placement for a vulnerable 16 year old with multifaceted difficulties and at a high risk of serious self-harm or suicide.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Markle judgment warns against ‘Micawber’ tactics – Law Society’s Gazette

‘The High Court has sounded a new warning about “Micawber tactics” in a summary judgment in the high-profile action brought by the Duchess of Sussex (Meghan Markle) against the Mail newspaper. Lord Justice Warby, sitting as a judge in the Chancery Division, found that the duchess had a reasonable expectation of privacy when she wrote a personal letter to her father, even though she feared it might be leaked to the press.’

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Law Society's Gazette, 12th February 2021

Source: www.lawgazette.co.uk

Supreme Court upholds registration of land in working port as town and village green – Local Government Lawyer

‘An area of concrete in a working commercial port was validly registered by a county council as a town and village green, the Supreme Court has ruled.’

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Local Government Lawyer, 12th February 2021

Source: www.localgovernmentlawyer.co.uk

Covid: HSE refuses to close workplaces that are putting employees at risk – The Guardian

‘The government’s health and safety watchdog has failed to shut down any workplaces that put employees at risk of coronavirus even though there have been over 3,500 outbreaks at work since the start of the pandemic, the Observer has discovered.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

New Judgment: TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 – UKSC Blog

‘This case concerns the registration of land as a town and village green. The use of the phrase “town or village green” (“TVG”) conjures up a bucolic image of an area of grass where local inhabitants can walk and play. However, the land in this case is an area of concrete (the “Land”) in a working commercial port. The question for the Supreme Court is, has the Land been validly registered as a TVG?’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together? – UK Constitutional Law Association

‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’

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UK Constitutional Law Association, 15th February 2021

Source: ukconstitutionallaw.org

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted February 12th, 2021 in legislation, medical treatment, medicines, pensions, railways by sally

Pension Schemes Act 2021

High Speed Rail (West Midlands – Crewe) Act 2021

Medicines and Medical Devices Act 2021

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 12th, 2021 in legislation by sally

The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 12th, 2021 in law reports by sally

Court of Appeal (Criminal Division)

Atkinson, R. v [2021] EWCA Crim 153 (11 February 2021)

High Court (Administrative Court)

El Diwany v Solicitors Regulation Authority [2021] EWHC 275 (Admin) (11 February 2021)

the3million Ltd & Ors, R (On the Application Of) v The Minister for the Cabinet Office [2021] EWHC 245 (Admin) (11 February 2021)

Nguyen & Anor, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 254 (Admin) (11 February 2021)

Singh, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 260 (Admin) (11 February 2021)

Amadu, R (On the Application Of) v Essex County Council (Rev 1) [2021] EWHC 256 (Admin) (11 February 2021)

High Court (Chancery Division)

Promontoria (Pine) Designated Activity Company v Hancock [2021] EWHC 259 (Ch) (11 February 2021)

Reaux-Savonte v Comptroller-General Of Patents, Designs And Trade Marks [2021] EWHC 270 (Ch) (11 February 2021)

Criterion Buildings Ltd v McKinsey & Company Inc (UK) & Anor [2021] EWHC 216 (Ch) (11 February 2021)

HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) (11 February 2021)

Nirro Holdings SA v Patrick O’Brien [2021] EWHC 279 (Ch) (10 February 2021)

High Court (Family Division)

Lancashire County Council v G (No. 4)(Continuing Unavailability of Regulated Placement) [2021] EWHC 244 (Fam) (11 February 2021)

WX v HX (Treatment of Matrimonial and Non-Matrimonial Property) [2021] EWHC 241 (Fam) (10 February 2021)

High Court (Queen’s Bench Division)

Trinity House of Deptford Strond v Prescott & Anor [2021] EWHC 283 (QB) (11 February 2021)

Source: www.bailii.org

Three guilty of crossbow killings at Brierley Hill cannabis farm – BBC News

Posted February 12th, 2021 in drug offences, gangs, homicide, murder, news by sally

‘An accountant and his father have been convicted of mistakenly killing their relative with a crossbow and murdering a cannabis farm burglar seconds later.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

UK woman who killed disabled son detained in hospital indefinitely – The Guardian

‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

MPs pass ‘long overdue’ bill for ministers’ paid maternity leave – The Guardian

Posted February 12th, 2021 in bills, maternity leave, news, parliament, pregnancy by sally

‘MPs have voted to give ministers formal paid maternity leave for the first time, hailed as an “important and long overdue change” as the government pledged to bring forward more sweeping maternity protections before the summer recess.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Watchdogs to inspect controversial barracks housing asylum seekers after health fears – The Independent

‘The UK’s prison and immigration watchdogs are to carry out an investigation of two controversial military barracks that are housing asylum seekers, amid mounting concern about conditions on the sites.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

UK government accused of ‘dragging heels’ on racism – The Guardian

‘The government is still “dragging its heels” on racism, according to MPs and race equality campaigners critical of its response to a damning parliamentary report on Black people and human rights.’

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The Guardian, 11th February 2021

Source: www.theguardian.com