17 Human Rights Groups Are Boycotting The Government’s Prevent Review – Here’s All The Context – Each Other

Posted February 18th, 2021 in human rights, Islam, minorities, news, terrorism by sally

‘Leading human rights groups including Liberty, Amnesty International and the Runnymede Trust have announced a boycott into a pending review of the Government’s Prevent Strategy.’

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Each Other, 17th February 2021

Source: eachother.org.uk

BLM UK to fund ‘people’s tribunal’ for deaths in custody – The Guardian

Posted February 18th, 2021 in death in custody, news, police, prisons, tribunals by sally

‘Black Lives Matter UK has announced £45,000 of funding to the United Families and Friends Campaign to set up a “people’s tribunal” for deaths in custody.’

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The Guardian, 17th February 2021

Source: www.theguardian.com

‘Patriarchal’ no-sex annulment law must be reformed says divorcing doctor – Daily Telegraph

Posted February 18th, 2021 in divorce, marriage, news by sally

‘A “patriarchal” law which allows a marriage to be annulled if it has not been consummated must be reformed, the wife of a tech boss has said after she won a legal battle for a divorce.’

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Daily Telegraph, 16th February 2021

Source: www.telegraph.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

M/T Prestige litigation and arbitration: key takeaways – Hardwicke Chambers

Posted February 18th, 2021 in arbitration, contracts, injunctions, news, state immunity by sally

‘The latest two decisions arising out of the aftermath of the Prestige oil spill in 2002 have shed some light on three major areas of the English law of arbitration. The Commercial Court’s two decisions in London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain ([2020] (EWHC 1582) and The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain [2020] (EWHC 1920) provide an insightful analysis into the scope of the so-called “conditional benefit” principle, the powers of an arbitrator to grant injunctive relief and the court’s interpretation of the arbitration exception in the Brussels Recast Regulation.’

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Hardwicke Chambers, 17th February 2021

Source: hardwicke.co.uk

Actor loses tribunal claim over loss of Color Purple role after homophobic comments – The Guardian

‘An actor who sued a theatre and her former agents after she was sacked when a Facebook post resurfaced has had her claim for religious discrimination, harassment and breach of contract rejected at an employment tribunal.’

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The Guardian, 17th February 2021

Source: www.theguardian.com

R v R [2021] EWCA Crim 35 – Broadway House Chambers

Posted February 18th, 2021 in human rights, news, notification, statutory interpretation, terrorism by sally

‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’

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Broadway House Chambers, 17th February 2021

Source: broadwayhouse.co.uk

Litigants baffled as civil procedure rules move to new site – Law Society’s Gazette

‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 18th, 2021 in autism, children, local government, mental health, news, social services by sally

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

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Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

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5SAH, 16th February 2021

Source: www.5sah.co.uk

Legal Services Board under fire for “neglecting impact of Covid” – Legal Futures

‘The Bar Council and Law Society have accused the Legal Services Board (LSB) of failing to take into account the impact of the pandemic on the profession in its latest draft strategy.’

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Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

Forensic science rationing is putting justice at risk, says outgoing regulator – The Guardian

‘Police forces are having to ration forensic toxicology work, especially samples from suspected drug drivers, because there is not enough capacity in the system to handle the volume of work, the outgoing forensic science regulator has said.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

DPP reveals concerns over age of criminal responsibility – Law Society’s Gazette

‘The director of public prosecutions has called into question the age of criminal responsibility amid fears too many children are facing adult justice.’

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Law Society's Gazette, 16th February 2021

Source: www.lawgazette.co.uk

Tribunal explains three-month suspension for “sexual touching” barrister – Legal Futures

‘The actions of a barrister suspended for three months for the “intentional sexual touching” of two junior colleagues could amount to sexual assault and unlawful harassment, a tribunal has found.’

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Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

Nuffield Family Justice Observatory to consult on use of supervision orders in care proceedings – Local Government Lawyer

‘The Nuffield Family Justice Observatory (FJO) has launched a consultation seeking views about supervision orders and their use in care proceedings.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

Abuse survivor calls for UK children born of rape to have ‘victim’ legal status – The Guardian

‘One of the survivors of the Rotherham grooming scandal has asked the government to give children born from rape legal “victim” status so they can receive specialist help and potentially prosecute their fathers.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

R (Salvato) v Secretary of State for Work and Pensions – Equality Law Blog

Posted February 17th, 2021 in benefits, children, equality, human rights, news, sex discrimination, women by sally

‘The High Court ruled that the requirement that the childcare element (CCE) of Universal Credit (UC) could be paid to applicants only after they had actually paid for childcare, rather than becoming liable so to do (“the proof of payment rule”), was unlawful because it discriminated indirectly against women contrary to Article 14 ECHR read with Article 8 and/or A1P1 Further, having scrutinised the justification for the Secretary of State’s approach through the prism of Article 14, he went on to find that it was also irrational as a matter of common law. The decision engages intelligently with the sometimes tricky question of appropriate comparator pools, and shines useful light on the potential for common law rationality to accommodate discrimination-based claims even were direct reliance on Article 14 to become unavailable.’

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Equality Law Blog, 16th February 2021

Source: equalitylawblog.com

Harvey Tyrrell death: Electrician cleared over boy’s pub garden electrocution – BBC News

‘An electrician has been cleared of killing a seven-year-old boy who was electrocuted by a set of poorly installed lights in a pub garden.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

‘It is helpful to wear the uniform’: barrister’s wig enjoys surprising popularity – The Guardian

Posted February 17th, 2021 in barristers, court dress, criminal justice, Ministry of Justice, news by sally

‘he justice secretary, Robert Buckland, is animated about the conduct of some lawyers, and what he intends to do about it. Invited by the Daily Mail this week to give his views on the immigration system, Buckland said he intended to bring in reforms to stop the public “being taken for a ride” by lawyers bringing challenges to prevent the last-minute deportation of their clients.’

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The Guardian, 16th February 2021

Source: www.theguardian.com