Upper Tribunal allows appeal over age assessment that failed to meet procedural safeguards – Local Government Lawyer

Posted January 28th, 2021 in appeals, asylum, children, immigration, local government, news by sally

‘An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.’

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Local Government Lawyer, 28th January 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court to consider costs orders against regulators – Legal Futures

‘The Supreme Court is to consider whether costs should only be awarded against regulators in unsuccessful cases where there is good reason to make an order, it announced today [27 January].’

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Legal Futures, 27th January 2021

Source: www.legalfutures.co.uk

Liverpool knifeman jailed for ‘terrifying’ train passenger attack – BBC News

‘A knifeman who carried out a “cowardly and terrifying” attack on a visually impaired rail passenger has been jailed.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 28th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Jalla & Ors v Shell International Trading And Shipping Company & Anor [2021] EWCA Civ 63 (27 January 2021)

Croydon London Borough Council v Kalonga [2021] EWCA Civ 77 (27 January 2021)

High Court (Administrative Court)

Malvern Hills District Council v The Secretary of State for Housing, Communities And Local Government & Anor [2021] EWHC 129 (Admin) (27 January 2021)

Court (Chancery Division)

Lifestyle Equities CV & Anor v Amazon UK Services Ld & Ors [2021] EWHC 118 (Ch) (27 January 2021)

Williams & Anor v Simm & Ors [2021] EWHC 121 (Ch) (27 January 2021)

Chana v CC Properties (Yorkshire) Ltd [2021] EWHC 127 (Ch) (27 January 2021)

Cranstoun & Anor v Notta [2021] EWHC 133 (Ch) (27 January 2021)

High Court (Commercial Court)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2021] EWHC 103 (Comm) (27 January 2021)

High Court (Family Division)

Q (A Child) (DOLS: Lack of Secure Placement) [2021] EWHC 123 (Fam) (27 January 2021)

Source: www.bailii.org

A ‘brave new world’ for UK extradition law? – Law Society’s Gazette

Posted January 28th, 2021 in brexit, EC law, extradition, news, warrants by sally

‘Upon our departure from the EU, the UK extradition landscape has changed – although not as much as one might think.’

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Law Society's Gazette, 27th January 2021

Source: www.lawgazette.co.uk

Coronavirus: Boy sentenced for racist street attack – BBC News

‘A 16-year-old boy has been sentenced for racially attacking a Singapore student who was told “we don’t want your coronavirus in our country”.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

CPS denies major change in rape charging policy despite falling rates – The Guardian

‘The Crown Prosecution Service has denied making major changes to its approach to charging rape, at a landmark legal hearing at the court of appeal.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

Solicitor fined for failing to disclose counsel’s opinions to ATE insurer – Litigation Futures

‘An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event (ATE) insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.’

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Litigation Futures, 27th January 2021

Source: www.litigationfutures.com

Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal

Posted January 27th, 2021 in covenants, forfeiture, landlord & tenant, leases, news, rent by sally

‘On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the decision of HHJ Halliwell (2020) EWHC 407 (Ch).’

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Nearly Legal, 26th January 2021

Source: nearlylegal.co.uk

Coronavirus: Cut jury size to clear courts backlog – Labour – BBC News

Posted January 27th, 2021 in coronavirus, courts, criminal justice, delay, juries, news, political parties by sally

‘Labour is calling for juries to be cut from 12 members to seven, to stem the “gravest crisis” in the justice system since World War Two.’

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BBC News, 26th January 2021

Source: www.bbc.co.uk

UK regulator to write to WhatsApp over Facebook data sharing – The Guardian

Posted January 27th, 2021 in data protection, internet, news, privacy, select committees by sally

‘The UK’s data regulator is writing to WhatsApp to demand that the chat app does not hand user data to Facebook, as millions worldwide continue to sign up for alternatives such as Signal and Telegram to avoid forthcoming changes to its terms of service.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Barrister suspended for “sexual” touching without consent – Legal Futures

Posted January 27th, 2021 in barristers, consent, disciplinary procedures, harassment, news, sexual offences, women by sally

‘A barrister who touched two individuals sexually has been suspended from practice for three months by a Bar disciplinary tribunal.’

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Legal Futures, 26th January 2021

Source: www.legalfutures.co.uk

Lockdown may have played part in rise of domestic child killings, says Met – The Guardian

Posted January 27th, 2021 in child abuse, coronavirus, homicide, London, mental health, news, police by sally

‘The pressures of lockdown may have played a part in a rise in children killed in domestic homicides, Britain’s biggest police force today said.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station – Local Government Lawyer

Posted January 27th, 2021 in coronavirus, London, news, penalties, police, regulations by sally

‘A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.’

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Local Government Lawyer, 26th January 2021

Source: www.localgovernmentlawyer.co.uk

Tyrell Robinson and Korie Berman jailed for sexual activity with children – BBC News

Posted January 27th, 2021 in child abuse, news, sentencing, sexual offences by sally

‘A former Bradford City footballer has been jailed for having sex with an underage girl and taking a photograph of his friend in bed with two others.’

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BBC News, 26th January 2021

Source: www.bbc.com

CPS accused of ‘systemic illegality’ in charging rape cases – The Guardian

Posted January 27th, 2021 in codes of practice, Crown Prosecution Service, equality, news, prosecutions, rape, women by sally

‘The Crown Prosecution Service (CPS) has been accused of “systemic illegality” in its approach to charging rape cases in a landmark judicial review into how the crime is prosecuted.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 27th, 2021 in legislation by sally

The Domestic Renewable Heat Incentive Scheme and Renewable Heat Incentive Scheme (Amendment) Regulations 2021

The Sexual Offences Act 2003 (Prescribed Police Stations) (England and Wales) (Amendment) Regulations 2021

The Official Controls (Temporary Measures) (Coronavirus) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 27th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)

High Court (Administrative Court)

Russnak-Johnston v Reading Magistrates’ Court [2021] EWHC 112 (Admin) (26 January 2021)

Mendes, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 115 (Admin) (25 January 2021)

High Court (Chancery Division)

Reaux-Savonte v Comptroller-General of Patents, Designs and Trade Marks [2021] EWHC 78 (Ch) (22 January 2021)

High Court (Family Division)

EM v BK [2021] EWHC 108 (Fam) (22 January 2021)

High Court (Technology and Construction Court)

Aquila Heywood Ltd v Local Pensions Partnership Administration Ltd [2021] EWHC 114 (TCC) (25 January 2021)

Source: www.bailii.org

The impact of Covid-19 on women’s sport – how the virus compounds funding disparities – Littleton Chambers

Posted January 26th, 2021 in coronavirus, news, remuneration, sport, women by sally

‘The impact of Covid-19 on sport has been significant but not all sports, or athletes, have been affected equally. In particular women’s sport and women’s teams have experienced the pandemic very differently from their male counterparts.’

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Littleton Chambers, 18th January 2021

Source: littletonchambers.com

Court of Appeal Considers ‘Lost Years’ Claims in Head v The Culver Heating Co Ltd – Ropewalk Chambers

‘In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s “lost years” claim. The judge had dismissed the claim on the basis that the Claimant’s income derived from his successful family business, the profitability of which would continue after his death such that there was no loss. In the Court of Appeal, however, Bean LJ (with whom Males and Andrews LJJ agreed) held that the Claimant’s income was the product of his hard work and flair as opposed to a return on passive investment, such that it should be treated as earnings rather than investment income and was thus recoverable in the “lost years” claim.’

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Ropewalk Chambers, 19th January 2021

Source: www.ropewalk.co.uk