Use of force by police: what is the standard for determining misconduct? – UK Human Rights Blog

‘The Court of Appeal has delivered a judgment in R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 regarding the applicable conduct standard and provisions governing police in cases of use of force.’

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UK Human Rights Blog, 28th October 2020

Source: ukhumanrightsblog.com

Man who controlled ex-partner’s digital existence jailed – BBC News

‘A man who used his ex-partner’s social media accounts to send explicit clips of her to her boss and family has been jailed for three years and four months.’

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BBC News, 29th October 2020

Source: www.bbc.co.uk

Ex-prisoner challenges MoJ policy after alleged sexual assault by trans woman – The Guardian

‘A prisoner who was allegedly sexually assaulted behind bars by another inmate has challenged the Ministry of Justice over its policy on placing transgender women in women’s prisons.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer

‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Bereaved mum in birth certificate law change bid – BBC News

Posted October 30th, 2020 in bereavement, birth certificates, children, families, news, parental rights by sally

‘A woman wants the law to change to make it easier to name unmarried fathers who have died on their child’s birth certificate.’

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BBC News, 29th October 2020

Source: www.bbc.co.uk

Claimant fails in High Court challenge to grant of planning permission for creation of lake for rafting and canoeing – Local Government Lawyer

Posted October 30th, 2020 in environmental health, local government, news, noise, planning by sally

‘A local resident has lost a High Court case in which he claimed East Suffolk Council should not have given planning permission for the creation of a lake at a children’s adventure centre near his home.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Legal aid services are on brink of collapse, lawyers tell MPs – The Guardian

‘Legal aid services are on the brink of collapse due to successive cuts and the disruption wreaked by Covid-19, say lawyers.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Structural racism led to worse Covid impact on BAME groups – report – The Guardian

Posted October 29th, 2020 in coronavirus, equality, minorities, news, racism, reports by sally

‘Structural racism led to the disproportionate impact of the coronavirus pandemic on black, Asian and minority ethnic (BAME) communities, a review by Doreen Lawrence has concluded.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

New Developments in Cost Budgeting – 4 New Square

Posted October 29th, 2020 in budgets, civil procedure rules, costs, news, practice directions by sally

‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’

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4 New Square, 7th October 2020

Source: www.4newsquare.com

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Legal action taken against PM over refusal to investigate Kremlin meddling – The Guardian

‘A cross-party group of MPs and peers including a former national security adviser are taking legal action against Boris Johnson over his government’s refusal to order an inquiry into Russian interference in UK elections.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Revisiting interim payments in IPFDA 1975 claims: Weisz v Weisz [2019] EWHC 3101 (Fam) – Hardwicke Chambers

Posted October 29th, 2020 in bereavement, financial provision, news, widows, wills by sally

‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’

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Hardwicke Chambers, 26th October 2020

Source: hardwicke.co.uk

Brothers stopped and searched over a fist bump to sue Met police – The Guardian

Posted October 29th, 2020 in assault, false imprisonment, news, police, race discrimination, stop and search by sally

‘Two innocent black brothers wrongly suspected by police of drug dealing after they bumped fists in the street say they were targeted because of their skin colour and will sue the police.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association

Posted October 29th, 2020 in coronavirus, judicial review, ministers' powers and duties, news, regulations by sally

‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’

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UK Constitutional Law Association, 28th October 2020

Source: ukconstitutionallaw.org

Police spying inquiry to examine targeting of UK black justice groups – The Guardian

Posted October 29th, 2020 in bereavement, inquiries, minorities, news, police, race discrimination, racism, spying by sally

‘A public inquiry into undercover policing is poised to reveal details of how police repeatedly spied on black justice groups, including several run by grieving families whose relatives were killed by police or died in custody.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

Inappropriate police restraint contributed to the death of Kevin Clarke inquest concludes – Garden Court Chambers

Posted October 29th, 2020 in inquests, mental health, news, police, restraint by sally

‘Kevin Andre Clarke was 35-year-old black man who died after being restrained by police in Lewisham, South London, on 9 March 2018. Kevin had suffered from paranoid schizophrenia since the age of 17 and at the time of his death was experiencing a mental health episode.’

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Garden Court Chambers, 9th October 2020

Source: www.gardencourtchambers.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

Posted October 29th, 2020 in casual workers, employment tribunals, news, redundancy, unfair dismissal by sally

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to undertake adhoc work as and when needed.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer

Posted October 29th, 2020 in coronavirus, judicial review, local government, news, referendums, regulations by sally

‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’

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Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Parliament could get legal powers to summon witnesses, MP says – The Guardian

Posted October 29th, 2020 in news, parliament, privilege, select committees, witnesses by sally

‘Parliament could soon be given legal powers to summon reluctant witnesses such as Dominic Cummings and Rupert Murdoch to answer questions from MPs, according to the chair of a Commons committee.’

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The Guardian, 28th October 2020

Source: www.theguardian.com

SRA eyes “activity based licences” and scheme for unregulated providers – Legal Futures

Posted October 29th, 2020 in legal services, licensing, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) could offer “activity-based licences”, allowing lawyers to provide individual reserved legal activities instead of its current “all or nothing” approach to regulation.’

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Legal Futures, 29th October 2020

Source: www.legalfutures.co.uk