Work begins on legal definition of ‘ecocide’ – Law Society’s Gazette

Posted December 1st, 2020 in environmental protection, international courts, international law, news by sally

“‘A panel of leading lawyers has been set up to draft a legal definition of “ecocide” as a potential international crime that could sit alongside war crimes, genocide and crimes against humanity.’

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Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Non-lawyers banned from law firms in misconduct blizzard – Legal Futures

Posted December 1st, 2020 in disciplinary procedures, forgery, law firms, legal executives, news, solicitors, wills by sally

‘Six non-lawyers have been banned from working for law firms for a range of offences, from faking signatures and misusing season ticket loans to fabricating a client’s will to name themselves as a beneficiary.’

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Legal Futures, 1st December 2020

Source: www.legalfutures.co.uk

Campaigners launch legal challenge over Stonehenge road tunnel – The Guardian

Posted December 1st, 2020 in judicial review, monuments, news, planning, roads by sally

‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Dayne Cooper jailed after Essex police officer dragged by car – BBC News

Posted December 1st, 2020 in assault, emergency services, guilty pleas, news, police, sentencing by sally

‘A man who dragged a police officer along the ground as he held the car door and punched another in the head has been jailed.’

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BBC News, 30th November 2020

Source: www.bbc.co.uk

Suicide and the burden of proof – Law Society’s Gazette

Posted December 1st, 2020 in burden of proof, coroners, inquests, news, standard of proof, suicide by sally

‘Although suicide was decriminalised more than 60 years ago, it was still always necessary to meet the criminal standard of proof when reaching a finding that someone had taken their own life. But this month, in a departure from this common understanding, the Supreme Court in R (Maughan) v HM Coroner for Oxfordshire [2020] UKSC 46 found that the ‘degree of conclusivity’ required was, in fact, the civil standard – the balance of probabilities.’

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Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Ministers urged to end delay on law curbing restraint on mental health patients – The Guardian

Posted December 1st, 2020 in bills, delay, hospitals, mental health, minorities, news, restraint by sally

‘Ministers are being urged to finally implement legislation restricting the use of dangerous restraint practices against patients in mental health units two years after it was passed.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Does the lockdown breach the right to freedom of religion? – UK Human Rights Blog

Posted December 1st, 2020 in coronavirus, human rights, news, regulations by sally

‘[W]hen considering the legality of the lockdown it is relevant that the neither latest iteration of the Coronavirus Regulations, nor the previous version that imposed the earlier lockdown, in any way restrict the Article 9(1) right to hold a belief, or choices made regarding personal behaviour outside the context of places of worship.’

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UK Human Rights Blog, 30th November 2020

Source: ukhumanrightsblog.com

Harley Watson hit-and-run: Terence Glover admits manslaughter – BBC News

‘A man has admitted killing a 12-year-old boy in a hit-and-run near a school.’

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BBC News, 30th November 2020

Source: www.bbc.co.uk

Court of Appeal highlights need for early legal advice where adoption placements near point of breakdown – Local Government Lawyer

Posted December 1st, 2020 in adoption, appeals, fostering, local government, news, notification by sally

‘The first reported occasion on which the courts have had to consider whether prospective adopters gave notice of their wish to return the child highlights the need for early legal advice, the Court of Appeal has said.’

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Local Government Lawyer, 30th November 2020

Source: www.localgovernmentlawyer.co.uk

UK government pays out to family of IPP prisoner who killed himself – The Guardian

Posted December 1st, 2020 in bereavement, compensation, families, mental health, news, prisons, sentencing, suicide by sally

‘The family of a prisoner who killed himself after being handed a controversial “never-ending” sentence has received damages from the government in an out-of-court settlement, the Guardian has learned.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 1st, 2020 in legislation by sally

The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 1st, 2020 in law reports by sally

Court of Appeal (Civil Division)

Strategic Technologies PTE Ltd v Procurement Bureau of the Republic of China Ministry of National Defence [2020] EWCA Civ 1604 (30 November 2020)

High Court (Administrative Court)

Northover v Social Work England [2020] EWHC 3259 (Admin) (30 November 2020)

Reay & Sherlock v Chief Constable of Northumbria Police [2020] EWHC 3246 (Admin) (27 November 2020)

High Court (Chancery Division)

Society of Lloyd’s, Re (Part VII of the Financial Services and Markets Act 2000) [2020] EWHC 3266 (Ch) (30 November 2020)

Jersey Choice Ltd v Her Majesty’s Treasury [2020] EWHC 3258 (Ch) (27 November 2020)

High Court (Patents Court)

Optis Cellular Technology & Ors v Apple Retail UK Ltd & Ors [2020] EWHC 3248 (Pat) (23 November 2020)

High Court (Queen’s Bench Division)

Nash v Hertfordshire County Council [2020] EWHC 3247 (QB) (30 November 2020)

Source: www.bailii.org

International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

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Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

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UKSC Blog, 27th November 2020

Source: ukscblog.com

Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

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Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 30th, 2020 in legislation by sally

The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 27) Regulations 2020

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020

Source: www.legislation.gov.uk

Silent sufferers? Bar’s efforts to improve harassment reporting failing – Legal Futures

Posted November 30th, 2020 in barristers, bullying, harassment, news, pilot schemes, sexual offences by sally

‘The Bar Standards Board (BSB) is to “reflect” on the duty on barristers to report harassment, with efforts to improve reporting proving ineffective, as it looks at new measures to tackle bullying and harassment.’

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Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted November 30th, 2020 in law reports by sally

Supreme Court

Revenue and Customs v London Clubs Management Ltd [2020] UKSC 49 (27 November 2020)

Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48 (27 November 2020)

Court of Appeal (Civil Division)

O’Neill v Holland [2020] EWCA Civ 1583 (27 November 2020)

Nikolaeva v London Borough of Redbridge [2020] EWCA Civ 1586 (27 November 2020)

Simpson v Cantor Fitzgerald Europe [2020] EWCA Civ 1601 (27 November 2020)

C (Revocation of Placement Orders) [2020] EWCA Civ 1598 (27 November 2020)

Varma v Atkinson & Anor [2020] EWCA Civ 1602 (27 November 2020)

Wingfield, R (on the application of) v Canterbury City Council & Anor [2020] EWCA Civ 1588 (27 November 2020)

Court of Appeal (Criminal Division)

Bond & Anor, R v [2020] EWCA Crim 1596 (27 November 2020)

High Court (Chancery Division)

Hood v JD Classics Ltd (In Administration) [2020] EWHC 3232 (Ch) (27 November 2020)

Fine Care Homes Ltd v National Westminster Bank Plc & Anor [2020] EWHC 3233 (Ch) (27 November 2020)

Kirby & Ors v Baker & Metson Ltd [2020] EWHC 3181 (Ch) (27 November 2020)

High Court (Family Division)

Ali v Nazma & Ors [2020] EWHC 3195 (Fam) (27 November 2020)

High Court (Queen’s Bench Division)

Tate v Allianz Iard SA [2020] EWHC 3227 (QB) (27 November 2020)

Gerrard & Anor v Eurasian Natural Resources Corporation Ltd & Anor [2020] EWHC 3241 (QB) (27 November 2020)

Ameyaw v McGoldrick & Ors [2020] EWHC 3234 (QB) (27 November 2020)

Source: www.bailii.org

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case.’

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The Guardian, 30th November 2020

Source: www.theguardian.com

‘Lawyers aren’t a charity’: Family judge awards £60k incurred costs – Law Society’s Gazette

Posted November 30th, 2020 in children, costs, families, family courts, financial provision, news by sally

‘The High Court has awarded five-figure costs midway through family litigation and made the point that the lawyers involved should not be expected to wait for payment.’

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Law Society's Gazette, 27th November 2020

Source: www.lawgazette.co.uk