Time to act: the UK Trust Register and the Fifth Money Laundering Directive – Wilberforce Chambers

Posted January 22nd, 2021 in chambers articles, EC law, HM Revenue & Customs, news, trusts by sally

‘HMRC’s registration requirements for trusts may not have been the focus of many practitioners’ attention during 2020, but the 31 January deadline for Trusts Registration Service notifications is likely to focus minds not just on annual compliance requirements, but also on the myriad of changes that have taken place over the past year.’

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Wilberforce Chambers, 19th January 2021

Source: www.wilberforce.co.uk

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in appeals, data protection, disclosure, judicial review, news, police, privacy, young persons by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

Davor Jancic: The UK-EU Trade Deal: Five Important Implications for the UK Parliament – UK Constitutional Law Association

Posted January 22nd, 2021 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The announcement of the UK-EU Trade and Cooperation Agreement (TCA) on Christmas Eve 2020 may have come as a surprise given endless media reports about the negotiators’ intransigence and the imminent threat of a cliff edge. Add to this the Covid-19 pandemic and some ten months and just nine formal rounds of negotiations make it remarkable that any deal has been reached, let alone one that spans 1246 pages. To put this in context, only a fortnight before the deal was reached, Australia concluded its own 9th formal round of negotiations with the EU; however, this was after over two and half years of negotiations, which will continue for the foreseeable future. And while the resounding parliamentary vote in favour of implementing the TCA (521 votes in favour and 73 against) is good for the political legitimacy of the deal, the swiftness of the vote is less good in terms of democratic process and participation.’

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UK Constitutional Law Association, 20th January 2021

Source: ukconstitutionallaw.org

One day late acceptance of part 36 offer puts costs in play – Legal Futures

‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’

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Legal Futures, 21st January 2021

Source: www.litigationfutures.com

Assange cannot be extradited, but free speech arguments dismissed — an extended look – UK Human Rights Blog

‘In The Government of the United States v Julian Assange (2021), the District Judge sitting at Westminster Magistrates’ Court discharged the American extradition request against the founder of WikiLeaks because there is a substantial risk that he would commit suicide. Given Julian Assange’s political notoriety as an avowed whistle-blower, however, the judgment is significant for its dismissal of the defence’s free speech arguments. This article analyses why these human rights submissions were unsuccessful.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Alexia Walenkaki swing death: Tower Hamlets Council fined £330,000 – BBC News

‘A council has been fined £330,000 after a five-year-old girl died when a swing set collapsed on her in east London.’

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BBC News, 22nd January 2021

Source: www.bbc.co.uk

‘Professionally embarrassed’ lawyers wrong to withdraw during murder trial – Legal Futures

Posted January 22nd, 2021 in appeals, barristers, evidence, firearms, forensic science, murder, news, trials by sally

‘The legal team of a man accused of murder was wrong to withdraw during the trial citing “professional embarrassment” but the move did not render his subsequent conviction unsafe, the Court of Appeal has ruled.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Ronan Cormacain: Protecting Veterans or Protecting the Ministry of Defence? Clarity in the Overseas Operations Bill – UK Constitutional Law Association

‘Legislation needs to be clear so that citizens can understand it and parliamentarians know what they are voting for. The need for clarity in legislation is set out as the first principle of Bingham’s definition of the Rule of Law, and the need for intelligibility in legislation is a requirement of the Venice Commission Checklist on the Rule of Law. This is one of the rationales for a parliamentary democracy. The Overseas Operations (Service Personnel and Veterans) Bill is designed to offer legal protections to UK armed forces, and the Ministry of Defence, in relation to overseas military operations. The Bill’s Second Reading took place this week in the House of Lords. But the Bill is disingenuous: in form it is about protecting veterans, whilst in substance it is about protecting the Ministry of Defence.’

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UK Constitutional Law Association, 22nd January 2021

Source: ukconstitutionallaw.org

TV licence fee decriminalisation decision shelved – BBC News

Posted January 22nd, 2021 in BBC, consultations, criminal justice, fines, government departments, licensing, news by sally

‘The government has decided not to move ahead with plans to decriminalise non-payment of the TV licence fee, but said it would “remain under active consideration”.’

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BBC News, 21st January 2021

Source: www.bbc.co.uk

Barristers take on debt and other work to survive pandemic – Legal Futures

Posted January 22nd, 2021 in barristers, coronavirus, debts, employment, news, statistics by sally

‘Six in 10 barristers, rising to 80% of those doing publicly funded work, have taken on personal debt or used savings to get through Covid-19, Bar Council research has found.’

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Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer

‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Oxfordshire boy groomed by gangs ‘failed’ by authorities – BBC News

Posted January 21st, 2021 in children, drug trafficking, education, gangs, news, police, reports, social services, suicide by sally

‘A boy found dead in his bedroom was groomed into a world of drug trafficking and “failed” by the authorities, a serious case review said.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

High court grants leave to appeal to UK gender identity service – The Guardian

Posted January 21st, 2021 in appeals, consent, gender, medical treatment, news, transgender persons, young persons by sally

‘An NHS trust has been allowed to appeal against a high court decision that barred it from referring under-16s for puberty-blocking treatment.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Email attachments are not privileged just because message is – Legal Futures

Posted January 21st, 2021 in appeals, disclosure, electronic mail, news, privilege, Supreme Court by sally

‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Judge rules against woman who re-entered property after locks were changed – Local Government Lawyer

Posted January 21st, 2021 in homelessness, housing, local government, news, repossession, trespass by sally

‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

Joy Morgan: Murdered student ‘may have been given drugs without knowing’ – BBC News

Posted January 21st, 2021 in drug abuse, inquests, murder, news, sentencing by sally

‘A student murdered by a fellow church member may have been given drugs without her knowing, an inquest heard.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

Another SRA prosecution fails but regulator avoids costs order – Legal Futures

The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Covid: Close courts in England and Wales or face strikes, union warns – BBC News

Posted January 21st, 2021 in coronavirus, courts, industrial action, news, trade unions by sally

‘A union has warned of industrial action unless courts in England and Wales close while improvements are made to staff coronavirus safety.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

New watchdog will be able to ban dangerous materials used at Grenfell Tower – The Guardian

‘Companies that make dangerous building materials such as those used at Grenfell Tower could be prosecuted and their products banned by a new watchdog announced by the government.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Senior judges issue guidance on wearing masks and face coverings in courts – Local Government Lawyer

Posted January 20th, 2021 in codes of practice, coronavirus, courts, health & safety, news by sally

‘The Senior Presiding Judge, Lady Justice Thirlwall, and the Deputy Senior Presiding Judge, Lord Justice Haddon-Cave, have issued new guidance on the wearing of masks and face coverings in courts.’

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Local Government Lawyer, 18th January 2021

Source: www.localgovernmentlawyer.co.uk