The government is hell-bent on diluting the Human Rights Act. We must protect it – Kate Allen – The Guardian

Posted March 4th, 2021 in coronavirus, human rights, judicial review, news by sally

‘These rights have been central to many key justice fights in the past 20 years, and we can’t allow politicians to take them away.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Doctors acted unlawfully in deciding on eligibility for drug – Court of Appeal – UK Human Rights Blog

Posted March 4th, 2021 in children, evidence, judicial review, medical treatment, medicines, news by sally

‘Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively leads to sufferers being unable to walk or sit unaided with devastating consequences on their quality of life. Sophie can no longer walk. There is medication for SMA sufferers which would have had the potential of helping Sophie regain her ability to work. But the NHS Trust had concluded that Sophie did not meet the eligibility criteria for this new medication, “Nusinersen”.’

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UK Human Rights Blog, 4th March 2021

Source: ukhumanrightsblog.com

Ex-Tory MP fails in bid to appeal against jail term for sexual assault – The Guardian

Posted March 4th, 2021 in appeals, news, sentencing, sexual offences by sally

‘The former Conservative MP Charlie Elphicke has failed in an attempt to seek leave to appeal against his two-year sentence for sexual assaults against two women.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

M (A Child): Live streaming from the Court of Appeal on Thursday 4th March – Should a journalist be able to see the court documents behind a flawed decision that a child needed adoption? – Transparency Project

‘This is a short blog to introduce the people and issues, and explain the lead up, ahead of the live-streamed appeal in M (A Child) tomorrow. It aims to give non lawyers a bit of orientation and some links when tuning in to the court of appeal proceedings.’

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Transparency Project, 3rd March 2021

Source: www.transparencyproject.org.uk

Errol Graham: Starved man’s family loses High Court benefits case – BBC News

‘The family of a man who starved to death after his benefits were stopped has lost a High Court challenge against the government.’

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BBC News, 3rd March 2021

Source: www.bbc.co.uk

Law Society president to step down amid dishonesty accusations – The Guardian

Posted March 4th, 2021 in disciplinary procedures, Law Society, news, solicitors by sally

‘The president of the Law Society is stepping down from his role after being accused of dishonesty during a decade-long legal dispute that went to the high court.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Family, Drug and Alcohol Court launched to cover Birmingham and Solihull – Local Government Lawyer

Posted March 4th, 2021 in alcohol abuse, courts, drug abuse, family courts, news by sally

‘The UK’s 12th Family, Drug and Alcohol Court (FDAC) – covering the Birmingham and Solihull areas – will hold its first hearings early this month.’

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Local Government Lawyer, 3rd March 2021

Source: www.localgovernmentlawyer.co.uk

Police won’t be prosecuted over WhatsApp remarks about black actor – The Guardian

‘The Crown Prosecution Service has decided not to prosecute three police officers for allegedly racist remarks about a black British actor.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

Daniella Lock, Fiona de Londras and Pablo Grez Hidalgo: Parliamentary Engagement with Human Rights under COVID-19 and the Independent Human Rights Act Review – UK Constitutional Law Association

‘As the deadline for submissions to Independent Human Rights Act Review (IHRAR) passes this week, the appropriate division of constitutional labour in respect of human rights protection continues to attract debate. The terms of reference for the IHRAR suggests a focus on the role of the courts in protecting rights under the Human Rights Act 1998 (HRA). In particular, it asks whether the roles of the courts, Parliament and the Government are appropriately “balanced” in this respect. In our submission to the IHRAR we have highlighted that, in line with the structure and principles of the UK constitution, the HRA is designed to give Parliament a leading role in human rights protection. In spite of this, however, we have further noted that Parliament too often fails to undertake appropriate rights-related deliberation, scrutiny and engagement of legislative and policy action.’

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UK Constitutional Law Association, 3rd March 2021

Source: ukconstitutionallaw.org

Supreme Court to hear appeal next week over timing of judicial review challenges to neighbourhood development orders – Local Government Lawyer

‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Senior solicitor wins libel claim over misconduct allegations – Legal Futures

Posted March 3rd, 2021 in damages, defamation, news, professional conduct, solicitors by sally

‘A senior solicitor at the Environment Agency has won his libel action against the owners of a garden centre business who accused him of professional misconduct in prosecuting one of them.’

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Legal Futures, 3rd March 2021

Source: www.legalfutures.co.uk

Judge rules council breached ECHR rights of orthodox Jewish 15-year-old boy – but not his brother – over proposal for respite placement accommodation – Local Government Lawyer

‘A High Court judge has handed down a ruling in a disagreement over whether two boys should be given respite placement accommodation in a residential home in the Greater Manchester area or in an exclusively orthodox Jewish residential home in London.’

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Local Government Lawyer, 2nd March 2021

Source: www.localgovernmentlawyer.co.uk

Police watchdog says Mohamud Hassan may have been injured during disturbance at home – The Guardian

‘The police watchdog investigating the arrest of a man who died suddenly after being released from custody, have indicated he could have suffered injuries during a large disturbance at his home the night before his death.’

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The Guardian, 2nd March 2021

Source: www.theguardian.com

Barrister tells of racial abuse on bus amid warnings pandemic is fuelling hatred – Daily Telegraph

‘People from Muslim backgrounds have become targets during the pandemic due to the “rabbit holes” of online conspiracies, campaigners have said as a barrister spoke out about a hate crime.’

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Daily Telegraph, 2nd March 2021

Source: www.telegraph.co.uk

Bar Council chair rejects challenge from Twitter row barrister – Legal Futures

‘The chair of the Bar Council has dismissed as nonsense the suggestion that it had to publicly support the barrister at the centre of a racism row over his comments on Twitter.’

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Legal Futures, 3rd March 2021

Source: www.legalfutures.co.uk

Sutton Coldfield pharmacist jailed over £1m black market pills sale – BBC News

‘A pharmacist who illegally sold addictive prescription pills valued at more than £1m on the black market has been jailed for 12 months.’

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BBC News, 2nd March 2021

Source: www.bbc.co.uk

Criminals escaping justice as victims drop court cases due to delays, watchdog warns – The Independent

‘Rapists and other serious criminals are walking free because victims are dropping court cases because of delays, a watchdog has warned.’

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The Independent, 2nd March 2021

Source: www.independent.co.uk

UK failed to inform EU countries about almost 200 killers and rapists – The Guardian

‘The conviction of 109 killers, 81 rapists and a man found guilty of both crimes in UK courts was not passed on to the criminals’ home EU countries due to a massive computer failure and subsequent cover-up, the Guardian can reveal.’

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The Guardian, 2nd March 2021

Source: www.theguardian.com

BAILII: Recent Decisions

Posted March 3rd, 2021 in law reports by sally

Court of Appeal (Civil Division)

Basma v Manchester University Hospitals NHS Foundation Trust & Anor [2021] EWCA Civ 278 (02 March 2021)

High Court (Administrative Court)

Reddy v General Medical Council [2021] EWHC 435 (Admin) (02 March 2021)

Khan v General Medical Council (Rev 1) [2021] EWHC 374 (Admin) (02 March 2021)

High Court (Chancery Division)

Permavent Ltd & Anor v Makin [2021] EWHC 467 (Ch) (02 March 2021)

High Court (Queen’s Bench Division)

The Lord Chancellor (as Successor to the Legal Services Comission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor [2021] EWHC 413 (QB) (01 March 2021)

Credit Capital Corporation Ltd v Watson [2021] EWHC 466 (QB) (02 March 2021)

Source: www.bailii.org