Court rejects Covid adjournment to press on with in-person trial – Legal Futures

Posted January 26th, 2021 in adjournment, case management, coronavirus, news, remote hearings, witnesses by sally

‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’

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Legal Futures, 26th January 2021

Source: www.litigationfutures.com

Husband who murdered wife and pensioner sentenced to life as judge dismisses ‘insanity’ defence – Daily Telegraph

Posted January 26th, 2021 in defences, domestic violence, drug abuse, insanity, murder, news, sentencing by sally

‘A man who murdered his wife and a pensioner during a “psychotic episode” has been jailed for life.’

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Daily Telegraph, 25th January 2021

Source: www.telegraph.co.uk

Man, 19, who groomed and murdered schoolboy jailed for life – The Guardian

Posted January 26th, 2021 in murder, news, sentencing, sexual grooming, young offenders by sally

‘A 19-year-old man who groomed and then beat a schoolboy to death in some woods in Cheshire has been jailed for at least 28 years, for what the judge described as a carefully planned, premeditated murder.’

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The Guardian, 25th January 2021

Source: www.theguardian.com

The Court of Appeal considers Domestic Abuse – Part 1 – Transparency Project

Posted January 26th, 2021 in appeals, domestic violence, family courts, internet, news, remote hearings by sally

‘This week three judges in the Court of Appeal held a 3 day long appeal hearing all about domestic abuse cases. This series of posts provide a summary of what the hearing was about and how it went. The decision is expected in a few weeks’ time.’

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Transparency Project, 23rd January 2021

Source: www.transparencyproject.org.uk

Data-sharing safeguards: no ‘micro-managing’ – Panopticon

Posted January 26th, 2021 in data protection, EC law, news, police, privacy, young persons by sally

‘Data-sharing arrangements between one controller and another proliferate across all sorts of processing contexts, aimed at all sorts of purposes. If those arrangements are to comply with the GDPR and/or DPA 2018, they need to be structured so as to ensure that the data-sharing satisfies the data protection principles. This includes having “appropriate technical and organisational measures” in place. So far, so clear. But how do you assess whether your measures are “appropriate”? And if push comes to shove, how will a court approach that assessment?’

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Panopticon, 25th January 2021

Source: panopticonblog.com

Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer

‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’

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Local Government Lawyer, 25th January 2021

Source: www.localgovernmentlawyer.co.uk

Rape victims speak out ahead of legal challenge to CPS policy – The Guardian

‘Rape victims at the heart of a landmark court case have told the Guardian they have been failed by the Crown Prosecution Service, ahead of a legal challenge to how the crime is charged and prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Priti Patel publishes new strategy to protect children from sexual abuse – Home Office

‘The Home Secretary has today published a first-of-its-kind national strategy to protect children from all forms of child sexual abuse. The Tackling Child Sexual Abuse Strategy sets out how the Government will use new legislation and enhanced technology to stop offenders in their tracks.’

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Home Office, 22nd January 2021

Source: www.gov.uk

Senior Courts Costs Office Guide – the 2021 version is now available – Courts and Tribunals Judiciary

Posted January 25th, 2021 in codes of practice, costs, courts, reports by sally

‘The latest version of the Senior Courts Costs Office Guide has been published.
This 2021 update hasn’t changed extensively from when it was last published in 2018, but reflects some fundamental changes in practice which occurred before COVID-19 and which have been increased as a result of it.’

Full guide

Courts and Tribunals Judiciary, 25th January 2021

Source: www.judiciary.uk

Running on Empty: New report finds serious problems with legal help for the public – The Bar Council

Posted January 25th, 2021 in barristers, bereavement, civil justice, families, inquests, legal aid, news by sally

‘A newly published report “Running on Empty” from the Bar Council, which represents all barristers in England and Wales, reveals the severity of problems in the civil legal aid system.’

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The Bar Council, 15th January 2021

Source: www.barcouncil.org.uk

New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by sally

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021

Source: www.barcouncil.org.uk

Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette

‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’

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Law Society's Gazette, 21st January 2021

Source: www.lawgazette.co.uk

Financial Remedy Update, January 2021 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.’

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Family Law Week, 21st January 2021

Source: www.familylawweek.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 25th, 2021 in legislation by sally

The Social Fund Funeral Expenses Payment (Amendment) Regulations 2021

The School and Early Years Finance (England) Regulations 2021

The Drivers’ Hours and Tachographs (Temporary Exceptions) Regulations 2021

The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information) (England) (Amendment) Regulations 2021

The Limited Liability Partnerships (Amendment etc.) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 25th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Irwell Insurance Company Ltd v Watson & Ors [2021] EWCA Civ 67 (22 January 2021)

JB (A Child), Re (Sexual Abuse Allegations) [2021] EWCA Civ 46 (22 January 2021)

Faiz & Ors v Burnley Borough Council [2021] EWCA Civ 55 (22 January 2021)

FA (Sudan), R (On the Application Of) v Secretary of State for the Home Department [2021] EWCA Civ 59 (22 January 2021)

ClientEarth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor [2021] EWCA Civ 43 (21 January 2021)

Nectrus Ltd v UCP PLC [2021] EWCA Civ 57 (21 January 2021)

Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49 (20 January 2021)

Asda Stores Ltd, R (On the Application Of) v Leeds City Council & Anor [2021] EWCA Civ 32 (20 January 2021)

Court of Appeal (Criminal Division)

R v R [2021] EWCA Crim 35 (22 January 2021)

Binoku & Anor, R. v [2021] EWCA Crim 48 (21 January 2021)

Dawson & Anor, R. v (Rev 2) [2021] EWCA Crim 40 (21 January 2021)

Dunleavy, R. v (Rev 2) [2021] EWCA Crim 39 (21 January 2021)

Shaikh & Anor, R. (Rev 2) [2021] EWCA Crim 45 (21 January 2021)

Daniels, R. v [2021] EWCA Crim 44 (21 January 2021)

High Court (Administrative Court)

Salvato, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin) (22 January 2021)

Devon Partnership NHS Trust v Secretary of State for Health and Social Care [2021] EWHC 101 (Admin) (22 January 2021)

Havant Biogas Ltd & Ors v The Gas And Electricity Markets Authority [2021] EWHC 84 (Admin) (22 January 2021)

Wawrzyczek v District Court In Bielsko-Biala, Poland [2021] EWHC 64 (Admin) (21 January 2021)

MRT v Government of the Republic of North Macedonia [2021] EWHC 87 (Admin) (20 January 2021)

Enasoaie v Court of Bacau, Romania [2021] EWHC 69 (Admin) (20 January 2021)

Polakowskt & Ors v Westminster Magistrates Court & Ors [2021] EWHC 53 (Admin) (20 January 2021)

United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor [2021] EWHC 73 (Admin) (20 January 2021)

United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor [2021] EWHC 72 (Admin) (20 January 2021)

High Court (Chancery Division)

Hughes v Burley & Ors [2021] EWHC 104 (Ch) (22 January 2021)

Lyle & Scott Ltd v American Eagle Outfitters, Inc [2021] EWHC 90 (Ch) (20 January 2021)

NMUL Realisations Ltd, Re [2021] EWHC 94 (Ch) (20 January 2021)

Edwards v Aurora Leasing Ltd & Anor [2021] EWHC 96 (Ch) (20 January 2021)

High Court (Commercial Court)

Walton Family Ltd & Ors v Estates GJD Services Ltd & Ors [2021] EWHC 88 (Comm) (21 January 2021)

Biosol Renewables UK Ltd v Lovering & Anor (t/a R & A Properties (A Partnership)) [2021] EWHC 71 (Comm) (21 January 2021)

Helice Leasing S.A.S v PT Garuda Indonesia (Persero) TbK (Rev 1) [2021] EWHC 99 (Comm) (20 January 2021)

Pipia v BGEO Group Ltd [2021] EWHC 86 (Comm) (20 January 2021)

High Court (Family Division)

The Prospective Adopters v The Mother & Anor (Rev 1) [2021] EWHC 91 (Fam) (20 January 2021)

Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) (19 January 2021)

High Court (Patents Court)

Illumina Cambridge Ltd v Latvia MGI Tech SIA & Ors [2021] EWHC 57 (Pat) (20 January 2021)

High Court (Queen’s Bench Division)

Riley v Sivier [2021] EWHC 79 (QB) (20 January 2021)

Alli-Balogun & On The Beach Ltd & Ors [2021] EWHC 83 (QB) (20 January 2021)

High Court (Technology and Construction Court)

Westminster City Council v Sports And Leisure Management Ltd [2021] EWHC 98 (TCC) (22 January 2021)

Source: www.bailii.org

People smugglers jailed for total of 78 years over deaths of 39 Vietnamese migrants – The Independent

‘Four people-smugglers have been jailed for a total of 78 years over the deaths of 39 Vietnamese migrants, whose bodies were found in a lorry container in Essex in October 2019.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

‘They decided the jury wouldn’t believe me’: CPS accused of secret change to rape policy – The Guardian

Posted January 25th, 2021 in Crown Prosecution Service, juries, news, prosecutions, rape, sexual offences, victims by sally

‘In a landmark hearing this week, rape victims aim to discover if their complaints failed due to a covert move to drop “weak cases.” ‘

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The Guardian, 24th January 2021

Source: www.theguardian.com

Widow leads fight over smart motorways after landmark crash inquest – The Independent

‘The widow of a motorist who died on a smart motorway is leading the fight to have them banned after a coroner concluded they pose “an ongoing risk of future deaths”.’

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The Independent, 23rd January 2021

Source: www.independent.co.uk

Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by sally

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

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The Independent, 25th January 2021

Source: www.independent.co.uk

Met police officer faces new hearing over death of mentally ill black man – The Guardian

‘A senior police officer cleared of misconduct over the high-profile death of a mentally ill black man is to face fresh disciplinary proceedings because of failings in the original case, the Observer can reveal.’

Full Story

The Guardian, 24th January 2021

Source: www.theguardian.com