Rogue landlord told to pay back £739,000 over illegal London housing – The Guardian

‘A rogue landlord who operated illegal rooming houses in London has been told to pay back £739,000 in illicit earnings or face jail, in one of the biggest confiscation orders of its kind, the council that investigated the case has said.’

Full Story

The Guardian, 28th February 2021

Source: www.theguardian.com

High court dismisses case on ‘failure to give guidance on prioritising patients’ – The Independent

‘A legal challenge to the government’s alleged failure to issue national guidance on how to prioritise patients during the Covid-19 pandemic has been dismissed by the High Court.’

Full Story

The Independent, 28th February 2021

Source: www.independent.co.uk

Non-fatal strangulation to carry five years in prison under reforms – The Guardian

‘Ministers will make non-fatal strangulation a specific criminal offence punishable by five years’ imprisonment following pressure from campaigners.’

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The Guardian, 1st March 2021

Source: www.theguardian.com

“Power of the purse” will bring diversity to Bar – Legal Futures

“The “power of the purse”, coming not from solicitors but from their clients, will “make the difference” in improving diversity at the Bar, a leading Black QC has said.’

Full Story

Legal Futures, 26th February 2021

Source: www.legalfutures.co.uk

What is a Cohabitation Agreement, and do I need one? – Family Law

Posted February 26th, 2021 in cohabitation, families, financial dispute resolution, news by sally

‘Many couples, despite living together, never seek to legally formalise their living and financial arrangements. They mistakenly believe that the concept of a “common law” husband and wife applies to them namely that they will automatically have financial claims against each other simply because they live together. The reality is far from this. Cohabitants do not have the same financial protection and security on the breakdown of their relationship as is afforded to married couples/those in civil partnerships.’

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Family Law, 26th February 2021

Source: www.familylaw.co.uk

Government reveals long-awaited whiplash rules and tariffs – Law Society’s Gazette

‘The government has confirmed that legislation paving the way for whiplash reforms will come into force from 31 May. Newly-published draft statutory instruments have also finally indicated the tariff levels at which damages will be set for soft tissue injuries suffered in road traffic accidents.’

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Law Society's Gazette, 26th February 2021

Source: www.lawgazette.co.uk

The Covid-19 Pandemic as a Barder Event – Family Law Week

‘Richard Kershaw, partner at Hunters Law LLP, considers the implications of Mr Justice Cohen’s judgment in FRB v DRC (No 3).’

Full Story

Family Law Week, 25th February 2021

Source: www.familylawweek.co.uk

‘Stansted 15’ face no further action over airport protest – BBC News

‘Protesters who broke into Stansted Airport to stop a plane deporting people to Africa will face no further action through the courts.’

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BBC News, 25th February 2021

Source: www.bbc.co.uk

British Gymnastics faces group-claim lawsuit from 17 alleging abuse – The Guardian

‘British Gymnastics is facing an unprecedented group-claim lawsuit from 17 former gymnasts, who allege there was widespread physical and psychological abuse deployed by coaches on children as young as six as part of a “win at all costs” mentality in the sport.’

Full Story

The Guardian, 26th February 2021

Source: www.theguardian.com

Lack of access to lawyers for immigration detainees being held in prison is unlawful, High Court rules – The Independent

Posted February 26th, 2021 in detention, human rights, immigration, legal aid, legal representation, news, prisons by sally

‘The legal aid provision for immigration detainees held in prisons is unlawful, the High Court has ruled, after it emerged a man was unable to access a lawyer for 10 months and had to represent himself.’

Full Story

The Independent, 25th February 2021

Source: www.independent.co.uk

IOPC investigates five Thames Valley police officers over death of man, 24 – The Guardian

‘Five police officers are under investigation for manslaughter after the death of a 24-year-old man in police custody earlier this month.’

Full Story

The Guardian, 25th February 2021

Source: www.theguardian.com

Shamima Begum: Isis member loses Supreme Court battle to return to UK – The Independent

Posted February 26th, 2021 in appeals, children, citizenship, human rights, news, Supreme Court, terrorism, young offenders by sally

‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’

Full Story

The Independent, 26th February 2021

Source: www.independent.co.uk

Police watchdog castigates forces over use of stop and search – The Guardian

‘Her Majesty’s Inspectorate of Constabulary has castigated police forces over stop and search, saying that 35 years after the power was introduced they were still unable to explain why black people are more likely to be targeted.’

Full Story

The Guardian, 26th February 2021

Source: www.theguardian.com

Reforms to laws around intimate image abuse proposed to better protect victims – Law Commission

‘Proposals to improve protections for victims whose intimate images are taken or shared without their consent have today [26 February 2021] been published by the Law Commission of England and Wales.’

Full press release

Law Commission, 26th February 2021

Source: www.lawcom.gov.uk/

Government agrees to call pregnant ministers ‘mothers’ – The Independent

‘The government has agreed to change the wording in its new maternity leave legislation from referring to “pregnant people” to “mothers” after the phrasing was rejected by the House of Lords – despite gender-neutral language being government convention.’

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The Independent, 26th February 2021

Source: www.independent.co.uk

Brint v BHR UHNT: Misleading, Wholly Unreliable and Inaccurate, but not Fundamentally Dishonest – Parklane Plowden Chambers

‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’

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Parklane Plowden Chambers, 23rd February 2021

Source: www.parklaneplowden.co.uk

Capacity and sexual relations: Fallout from Re JB – Doughty Street Chambers

‘In a judgment handed down on 23 February, Cobb J concluded that a young woman known as HD lacked capacity to engage in sexual relations. He was driven to this conclusion based on the new requirement set out in Re JB that a person with capacity to engage in sexual relations must be able to understand (and retain, use or weigh and communicate) the fact that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Doughty Street Chambers, 24th February 2021

Source: insights.doughtystreet.co.uk

Family courts rule to inoculate children when parents disagree on the vaccination of their children – Garden Court Chambers

Posted February 25th, 2021 in children, consent, coronavirus, human rights, news, parental responsibility, vaccination by sally

‘Following the decision in Re H (A Child: Parental Responsibility: Vaccination), it was clarified that where two parents with parental responsibility disagree as to the proper course of action with respect to vaccination, the court becomes the decision maker through the mechanism of a specific issue order made under s8 of the Children Act 1989.’

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Garden Court Chambers, 24th February 2021

Source: www.gardencourtchambers.co.uk

The Effect of Foreign Jurisdiction Clauses on the Summary Enforcement of UK Adjudication Awards in Construction Contracts – 39 Essex Chambers

‘In the very interesting case of Motacus Constructions Ltd v Paolo Castelli SPA [2021] EWHC 356 (TCC), handed down on 22 February 2021 Judge Hodge QC determined:

“the apparently novel question whether the inclusion within a construction contracts for works in England of an exclusive jurisdiction clause in favour of a foreign court precludes the English court from entertaining proceedings for breach of the term implied by paragraph 23 of the Scheme [i.e. the Scheme for Construction Contracts] that the decision of an adjudicator binds the parties until the final determination of the dispute”.’

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39 Essex Chambers, 24th February 2021

Source: www.39essex.com

“Egregious” failings in expert evidence: a shot across the bows from the Court of Appeal (Criminal Division) – 6KBW College Hill

Posted February 25th, 2021 in conspiracy, evidence, expert witnesses, fraud, news by sally

‘The conjoined appeals in R v Byrne and ors. [2021] EWCA Crim 107 related to the safety of convictions arising from separate trials in which the Crown had instructed the same expert, Andrew Ager. Although the convictions were found to be safe, both Ager himself and the prosecution came in for stark criticism, particularly in light of previous high-profile failings in this area in R v Pabon [2018] EWCA Crim 420. The case provides the clearest reminder to all parties in criminal proceedings to ensure compliance with the requirements relating to expert evidence.’

Full Story

6KBW College Hill, 17th February 2021

Source: blog.6kbw.com