‘When the Care Review was formally announced in January, one of the first actions of its chair, Josh MacAlister, was to ask the Competition and Markets Authority to investigate the children’s social care ‘market’ in England. This was announced even before MacAlister takes up his post, which is not until March.’
Transparency Project, 17th February 2021
Source: www.transparencyproject.org.uk
‘The charity Pregnant Then Screwed has lost its legal challenge against the government for indirect sexual discrimination over the amount of support self-employed mothers received.’
BBC News, 17th February 2021
Source: www.bbc.co.uk
‘The Court of Appeal has recently affirmed the proposition that a person can be liable under the misuse of private information tort for revealing that someone is the subject of a police investigation before they have been charged. This raises important questions about the relationship between the citizen and the state when the former has the latter under investigation. But so far that relationship has not been central to the courts’ decision-making on this issue. Rather, the basis for liability has been a broad-brush conclusion that a person will generally have a reasonable expectation of privacy in the fact that they “have simply come under suspicion” of the police or other state authority. This blog post will suggest there is a better way to resolve these tricky cases.’
UK Constitutional Law Association, 18th February 2021
Source: ukconstitutionallaw.org
‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’
Law Society's Gazette, 17th February 2021
Source: www.lawgazette.co.uk
‘The Court of Appeal has allowed an appeal by a father over a Family Court judge’s finding that he had abused his daughter, with the matter remitted to be reheard by a different judge.’
Local Government Lawyer, 17th February 2021
Source: www.localgovernmentlawyer.co.uk
‘Leading human rights groups including Liberty, Amnesty International and the Runnymede Trust have announced a boycott into a pending review of the Government’s Prevent Strategy.’
Each Other, 17th February 2021
Source: eachother.org.uk
‘Black Lives Matter UK has announced £45,000 of funding to the United Families and Friends Campaign to set up a “people’s tribunal” for deaths in custody.’
The Guardian, 17th February 2021
Source: www.theguardian.com
‘A “patriarchal” law which allows a marriage to be annulled if it has not been consummated must be reformed, the wife of a tech boss has said after she won a legal battle for a divorce.’
Daily Telegraph, 16th February 2021
Source: www.telegraph.co.uk
‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’
Garden Court Chambers, 17th February 2021
Source: www.gardencourtchambers.co.uk
‘The latest two decisions arising out of the aftermath of the Prestige oil spill in 2002 have shed some light on three major areas of the English law of arbitration. The Commercial Court’s two decisions in London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain ([2020] (EWHC 1582) and The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain [2020] (EWHC 1920) provide an insightful analysis into the scope of the so-called “conditional benefit” principle, the powers of an arbitrator to grant injunctive relief and the court’s interpretation of the arbitration exception in the Brussels Recast Regulation.’
Hardwicke Chambers, 17th February 2021
Source: hardwicke.co.uk
‘An actor who sued a theatre and her former agents after she was sacked when a Facebook post resurfaced has had her claim for religious discrimination, harassment and breach of contract rejected at an employment tribunal.’
The Guardian, 17th February 2021
Source: www.theguardian.com
‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’
Broadway House Chambers, 17th February 2021
Source: broadwayhouse.co.uk
‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’
Law Society's Gazette, 17th February 2021
Source: www.lawgazette.co.uk
‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’
Local Government Lawyer, 18th February 2021
Source: www.localgovernmentlawyer.co.uk
‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’
Blackstone Chambers, 15th February 2021
Source: www.blackstonechambers.com
‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’
5SAH, 16th February 2021
Source: www.5sah.co.uk
‘Police forces are having to ration forensic toxicology work, especially samples from suspected drug drivers, because there is not enough capacity in the system to handle the volume of work, the outgoing forensic science regulator has said.’
The Guardian, 16th February 2021
Source: www.theguardian.com
‘The director of public prosecutions has called into question the age of criminal responsibility amid fears too many children are facing adult justice.’
Law Society's Gazette, 16th February 2021
Source: www.lawgazette.co.uk
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