Murder – a case for reform – Mountford Chambers

‘The events in Nottingham in the early morning of 13th June 2023 prompted an outpouring of collective grief. Valdo Calocane killed three innocent people and attempted to kill three others. The suffering for the victims’ families was palpable. Calocane was originally charged with murder and attempted murder. The Crown Prosecution Service later decided to accept the guilty pleas to manslaughter on the basis of diminished responsibility. The reports of four separate psychiatrists all agreed that Calocane was suffering from an abnormality of mental functioning which arose from a recognised medical condition, and which substantially impaired his ability to form a rational judgment and to exercise self-control, such as to provide an explanation for the killings. He was sentenced in January of this year to a Hospital Order subject to restrictions (pursuant to sections 37 and 41 of Mental Health Act 1983).’

Full Story

Mountford Chambers, 24th April 2024

Source: www.mountfordchambers.com

Michael Lane: “Administrative Clutter” or a Case for Centralising Human Rights? UN Human Rights Mechanisms and the UK Government – UK Constitutional Law Association

Posted May 7th, 2024 in government departments, human rights, news, treaties, United Nations by tracey

‘Human rights in the UK are routinely reviewed by various UN bodies – treaty bodies, special procedures, and the Universal Periodic Review (UPR). The influence of these activities in the UK has been the subject of some inquiry in the past (see, notably, Brice Dickson’s recent book on the subject). But what has remained elusive is whether the work of these bodies has any salience to the UK Government. As the prime initiator of policy and legislation, the executive holds significant power to implement the recommendations of UN bodies that it supports. Hence, we must understand the extent to which policymakers engage with the findings and recommendations of human rights mechanisms to fully appreciate their impact (or lack thereof). Do they have any bearing at all on decision-making, or simply pass under the radar? Is engagement with the UN mechanisms a mere ritual, or a means of securing greater respect for rights in the UK?’

Full Story

UK Constitutional Law Association, 7th May 2024

Source: ukconstitutionallaw.org

Disclosure in procurement disputes- Local Government Lawyer

Posted May 7th, 2024 in disclosure, news, public procurement by tracey

‘A recent judgment has significant implications for public procurement and the disclosure of documents in English law, writes Cheye Waithe.’

Full Story

Local Government Lawyer, 3rd May 2024

Source: www.localgovernmentlawyer.co.uk

Honour based abuse: perspectives and challenges – Local Government Lawyer

‘Imran Khodabocus looks at some of the common misconceptions that surround honour based abuse and discusses why a legal definition is long overdue.’

Full Story

Local Government Lawyer, 3rd May 2024

Source: www.localgovernmentlawyer.co.uk

Play by the Rules – understanding the Crichel Down Rules – Local Government Lawyer

Posted May 7th, 2024 in armed forces, compulsory purchase, local government, news, sale of land by tracey

‘James Mallery-Nelson examines the application of the Crichel Down Rules where public bodies decide to dispose of land acquired by compulsion.’

Full Story

Local Government Lawyer, 3rd May 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds judge fell into errors of principle when making finding of ‘inflicted injuries’ – Local Government Lawyer

Posted May 7th, 2024 in care orders, child abuse, evidence, families, judges, mistake, news by tracey

‘The Court of Appeal has allowed an appeal against a judge’s findings that fractures to both the tibias of a 10 month old girl had been inflicted either deliberately or recklessly by either her mother or father.’

Full Story

Local Government Lawyer, 2nd May 2024

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Company registration in the UK – House of Commons Library

Posted May 7th, 2024 in company law, news, registrars by tracey

‘The UK Government is reforming Companies House and the company registration regime in the UK. This briefing looks at the company regime and the ongoing reforms.’

Full Story

House of Commons Library, 3rd May 2024

Source: commonslibrary.parliament.uk

Research Briefing: An overview of child protection legislation in England – House of Commons Library

Posted May 7th, 2024 in children, families, news, parental responsibility, social services by tracey

‘A broad overview of the legislative framework for child protection and child safeguarding in England.’

Full Story

House of Commons Library , 3rd May 2024

Source: commonslibrary.parliament.uk

Hate preachers and extremists banned from the UK – Home Office

Posted May 7th, 2024 in immigration, news, terrorism, visas by tracey

‘Dangerous extremists intent on promoting extreme ideologies will be blocked from entering the UK as the government steps up action to protect the public.’

Full Story

Home Office, 30th April 2024

Source: www.gov.uk

Keynote speech by the Lady Chief Justice at the Society of Editors 25th anniversary conference – Courts and Tribunals Judiciary

Posted May 7th, 2024 in courts, judiciary, media, news, speeches, tribunals by tracey

‘Keynote speech by the Lady Chief Justice at the Society of Editors 25th anniversary conference.’

Full Story

Courts and Tribunals Judiciary , 30th April 2024

Source: www.judiciary.uk

The Bar Standards Board publishes two reports on pupillage recruitment at the Bar – The Bar Standards Board

Posted May 7th, 2024 in barristers, news, pupillage, recruitment, reports by tracey

‘The Bar Standards Board (BSB) has today published two reports on pupillage recruitment at the Bar. The objective of this research was to strengthen our evidence base around pupillage recruitment to inform the development of the BSB’s policies, including our forthcoming consultation on the Equality Rules.’

Full Story

The Bar Standards Board, 2nd May 2024

Source: www.barstandardsboard.org.uk

What’s the Point of a Judgment? Examples, Authorities and the Panopticon – Financial Remedies Journal

Posted May 7th, 2024 in family courts, financial provision, judgments, law reports, news, reasons by tracey

“What’s the Point of a Judgment? Examples, Authorities and the Panopticon.”

Full Story

Financial Remedies Journal, 2nd May 2024

Source: financialremediesjournal.com

Neurodivergent lawyers let down across legal sector, finds survey – Law Society’s Gazette

‘More than three-quarters of neurodivergent lawyers have not disclosed their condition to employers to avoid discrimination, a survey has found.’

Full Story

Law Society's Gazette, 3rd May 2024

Source: www.lawgazette.co.uk

Council had no duty to prevent psychiatric harm – Law Society’s Gazette

‘A rare case on the duty of a local council not to cause psychiatric injury to a cab driver applying for a licence has culminated this week in the authority obtaining a charging order on the driver’s home.’

Full Story

Law Society's Gazette, 2nd May 2024

Source: www.lawgazette.co.uk

Reason why arrested man died not known – inquest – BBC News

Posted May 7th, 2024 in inquests, news, police, Wales by tracey

‘Why a man died hours after being released from police custody remains unknown after the jury in his inquest delivered an open conclusion.
Mohamud Hassan, 24, died in a flat on Newport Road, Cardiff in January 2021. He had been arrested the previous night on suspicion of an alleged breach of the peace. But an inquest held in Pontypridd heard no medical cause of death could be established, and no “acts or omissions” by police contributed to it.’

Full Story

BBC News, 2nd May 2024

Source: www.bbc.co.uk

Rwanda scheme legal challenge: Charity preparing action – BBC News

‘One of the UK’s leading organisations helping victims of torture and trafficking is preparing legal action over the government’s Rwanda plan.’

Full Story

BBC News, 4th May 2024

Source: www.bbc.co.uk

Judge unmasks three teenagers who killed schoolboy at 16th birthday house party – The Independent

Posted May 7th, 2024 in identification, murder, news, offensive weapons, sentencing, young offenders by tracey

‘Three teenagers who killed a promising young rapper after bringing a knife to a girl’s 16th birthday party can be identified for the first time.’

Full Story

The Independent, 4th May 2024

Source: www.independent.co.uk

eBay vendor jailed over lucrative skin bleaching cream scam as ministers urged to clamp down – The Independent

‘Campaigners are calling for tighter restrictions on the sale of toxic skin-lightening products as an eBay seller has been jailed for selling over 20,000 bottles of the illegal goods.’

Full Story

The Independent, 6th May 2024

Source: www.independent.co.uk

Majority verdicts facilitated 56 miscarriages of justice in England and Wales, charity says – The Guardian

Posted May 7th, 2024 in juries, miscarriage of justice, news by tracey

‘At least 56 miscarriages of justice have occurred in cases in England and Wales where the jury was split, according to a charity, which says jury unanimity should be reintroduced to safeguard against wrongful criminal convictions.’

Full Story

The Guardian, 7th May 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 3rd, 2024 in law reports by michael

Court of Appeal (Civil Division)

Project Angel Bidco Ltd (In Administration) v Axis Managing Agency Ltd & Ors [2024] EWCA Civ 446 (02 May 2024)

H and J (Placement Orders) [2024] EWCA Civ 429 (02 May 2024)

Secretary of State for Levelling Up, Housing and Communities v Caldwell & Anor [2024] EWCA Civ 467 (02 May 2024)

Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428 (01 May 2024)

Abdi v Manchester City Council & Ors [2024] EWCA Civ 411 (30 April 2024)

Bellini (N/E) Ltd v Brit UW Ltd [2024] EWCA Civ 435 (30 April 2024)

Ball, R (On the Application Of) v Hinckley & Bosworth Council (Rev1) [2024] EWCA Civ 433 (29 April 2024)

Simkova v Secretary of State for Work And Pensions [2024] EWCA Civ 419 (26 April 2024)

Court of Appeal (Criminal Division)

Price, R. v [2024] EWCA Crim 463 (03 May 2024)

Love & Anor, R. v [2024] EWCA Crim 465 (03 May 2024)

High Court (Administrative Court)

Friends of the Earth & Ors v Secretary of State for Energy Security and Net Zero [2024] EWHC 995 (Admin) (03 May 2024)

Paderi v Prosecutor General Court of Appeal Caguari (Italy) [2024] EWHC 1003 (Admin) (02 May 2024)

Glanda v Polish Judicial Authority [2024] EWHC 1025 (Admin) (01 May 2024)

Sandulescu v Ramnicu Valcea Court (Romania) [2024] EWHC 1026 (Admin) (01 May 2024)

Gomulka v Poland (No. 2) [2024] EWHC 1023 (Admin) (01 May 2024)

Wynne, R (On the Application Of) v Vale of White Horse District Council [2024] EWHC 1008 (Admin) (30 April 2024)

EXC, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 935 (Admin) (30 April 2024)

Paiva v Tribunal Da Comarca De Setubal Portugal [2024] EWHC 980 (Admin) (29 April 2024)

Skelton, R (On the Application Of) v Officer B50 & Ors [2024] EWHC 983 (Admin) (26 April 2024)

High Court (Chancery Division)

AF Kopp Ltd v HSBC UK Bank PLC (Re Banking – Security for Costs) [2024] EWHC 1004 (Ch) (03 May 2024)

Saxon Woods Investments Ltd v Costa & Ors [2024] EWHC 1056 (Ch) (03 May 2024)

UBS Switzerland AG v Kumar [2024] EWHC 1058 (Ch) (03 May 2024)

Secretary of State for Business and Trade v Goring & Anor (Re Active Ticketing Ltd – Company Directors’ Disqualification Act 1986) [2024] EWHC 1024 (Ch) (02 May 2024)

Becker (A Bankrupt) v Ford & Ors [2024] EWHC 1001 (Ch) (01 May 2024)

Garden House Software Ltd v Marsh & Ors [2024] EWHC 969 (Ch) (01 May 2024)

Chohan v Ved & Anor (Re Nexbell Ltd – Companies Act 2006) [2024] EWHC 739 (Ch) (01 May 2024)

Khera v Palladian Capital Ltd & Anor [2024] EWHC 1009 (Ch) (01 May 2024)

Next Generation Holdings Ltd & Anor v Finch & Ors [2024] EWHC 927 (Ch) (29 April 2024)

Allen v Webster [2024] EWHC 988 (Ch) (29 April 2024)

High Court (Commercial Court)

Invest Bank PSC v El-Husseini & Ors [2024] EWHC 996 (Comm) (30 April 2024)

McCormack v Medivet Group Ltd [2024] EWHC 1000 (Comm) (30 April 2024)

Maersk Guine-Bissau, SARL & Anor v Almar-Hum Bubacar Balde SARL [2024] EWHC 993 (Comm) (29 April 2024)

Starting Point Recruitment Ltd v Walsall Metropolitan Borough Council [2024] EWHC 982 (Comm) (26 April 2024)

High Court (Family Division)

J, Re (Transgender: Puberty Blocker and Hormone Replacement Therapy) [2024] EWHC 922 (Fam) (01 May 2024)

P and Q (Rights of Custody, Settlement, Grave Risk of Harm, Objections) , Re [2024] EWHC 991 (Fam) (29 April 2024)

E, Z, D, V (Inherent Jurisdiction: Refusal of Return Order), Re [2024] EWHC 988 (Fam) (26 April 2024)

High Court (Patents Court)

Lenovo Group Ltd & Ors v InterDigital Technology Corporation & Ors (Re Applications) [2024] EWHC 1036 (Pat) (25 April 2024)

High Court (King’s Bench Division)

Aslani v Sobierajska [2024] EWHC 1045 (KB) (03 May 2024)

McLoughlin v Chief Constable of Kent Police [2024] EWHC 990 (KB) (01 May 2024)

Chelmsford City Council & Anor v Mixture [2024] EWHC 1006 (KB) (30 April 2024)

Payone Gbmh v Logo [2024] EWHC 981 (KB) (26 April 2024)

All England Lawn Tennis Club (Championships) Ltd & Anor v Hardiman [2024] EWHC 787 (KB) (09 April 2024)

High Court (Technology & Construction Court)

McLaughlin & Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC) (02 May 2024)

TClarke Contracting Ltd v Bell Build Ltd [2024] EWHC 992 (TCC) (29 April 2024)

Source: www.bailii.org