New Judgment: R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2020] UKSC 39 – UKSC Blog

Posted October 20th, 2020 in animal cruelty, animals, appeals, birds, EC law, news, regulations, slaughter, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’

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UKSC Blog, 16th October 2020

Source: ukscblog.com

“Informed consent” ruling threatens avalanche of PI costs refund claims – Litigation Futures

Posted October 20th, 2020 in consent orders, costs, law firms, news, personal injuries, solicitors by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a major High Court ruling.’

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Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

Supreme Court rejects appeal over allocation of housing to members of religious group – Local Government Lawyer

Posted October 20th, 2020 in appeals, charities, EC law, equality, housing, Judaism, local government, news, race discrimination, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal over the lawfulness and proportionality of a housing charity’s policy of allocating social housing primarily to members of the Orthodox Jewish community in Hackney and in particular the Haredi community.’

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Local Government Lawyer, 16th October 2020

Source: www.localgovernmentlawyer.co.uk

Court reforms data collection progress “disappointing” – Legal Futures

Posted October 20th, 2020 in civil justice, courts, criminal justice, equality, HM Courts Service, news by sally

‘The government’s £1bn court reforms have had a “disappointingly slow” start in collecting the information required to ensure the justice system is fair, according to researchers.’

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Legal Futures, 20th October 2020

Source: www.legalfutures.co.uk

Just one in seven rape survivors expect justice in England and Wales – The Guardian

Posted October 20th, 2020 in news, police, prosecutions, rape, statistics, victims by sally

‘Just one in seven rape survivors believe they will receive justice by reporting a rape, according to a survey by the victims’ commissioner.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Falling over backwards, if at all: The “slip” rule and its application – Becket Chambers

Posted October 19th, 2020 in chambers articles, civil procedure rules, judgments, news by sally

‘Every now and then, a court may make an “error” when giving judgment and making an order. There are circumstances where the judgment or order can be amended without giving notice to the other side and without the need for another hearing, but parties must be careful to ensure any amendments reflect the original intention of the court at the time the judgment and the order were given.’

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Becket Chambers, 13th October 2020

Source: becket-chambers.co.uk

Chu v Lau [2020] UKPC 24: The Privy Council’s review of the law on just and equitable winding-up – Exchange Chambers

Posted October 19th, 2020 in appeals, chambers articles, company law, joint ventures, news, Privy Council, winding up by sally

‘In its Judgment handed down on 12 October 2020, [[2020] UKPC 24], the Privy Council, comprised of Lord Hodge, Lord Briggs, Lady Arden, Lord Leggatt and Lord Burrows, provided a welcomed clarification of the law applicable to the just and equitable winding-up of a company; with a particular emphasis on the alternative rules which apply to those companies having the status of a quasi-partnership.’

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Exchange Chambers, 16th October 2020

Source: www.exchangechambers.co.uk

Relief from the forfeiture rule: Amos v Mancini [2020] EWHC 1063 (Ch) and Challen v Challen [2020] EWHC 1330 (Ch) – Radcliffe Chambers

Posted October 19th, 2020 in appeals, chambers articles, families, forfeiture, news, unlawful killing by sally

‘Two cases this year demonstrate the court’s approach to claims for relief from the forfeiture rule. The first case concerns Sandra Amos’ claim following her conviction of causing the death of her husband by careless driving. The second follows the case of Sally Challen, initially convicted of the murder of her husband. Mrs Challen’s conviction was subsequently quashed by the Court of Appeal and her guilty plea to manslaughter was later accepted by the Crown.’

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Radcliffe Chambers, 7th October 2020

Source: radcliffechambers.com

Amendments to Costs Budgeting Rules Coming into Force on 1st October 2020 – St John’s Chambers

Posted October 19th, 2020 in budgets, case management, chambers articles, civil procedure rules, costs, news, practice directions by sally

‘As of 1st October 2020 several amendments to the costs budgeting rules and the related Practice Direction came into force.’

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St John's Chambers, 2nd October 2020

Source: www.stjohnschambers.co.uk

New Judgment: R (on the application of Z and Anor) (AP) v Hackney London Borough Council and Anor [2020] UKSC 40 – UKSC Blog

Posted October 19th, 2020 in appeals, charities, equality, housing, Judaism, landlord & tenant, local government, news, race discrimination, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal about the application of anti-discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives. The relevant anti-discrimination laws are contained in the Equality Act 2010 and Council Directive 2000/43/EC of 29 June 2000 (the “Race Directive”).’

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UKSC Blog, 16th October 2020

Source: ukscblog.com

Police 999 callouts to people suffering mental health crises soar – The Guardian

Posted October 19th, 2020 in mental health, news, police, statistics by sally

‘The police are being called to deal with soaring numbers of incidents involving people suffering from mental health crises, sparking fresh concern about lack of NHS help for the mentally ill.’

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The Guardian, 18th October 2020

Source: www.theguardian.com

What Has Judicial Review Ever Done For Us? – Each Other

Posted October 19th, 2020 in constitutional law, government departments, human rights, judicial review, judiciary, news, Supreme Court by sally

‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’

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Each Other, 16th October 2020

Source: eachother.org.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

Posted October 19th, 2020 in constitutional law, criminal justice, government departments, human rights, immigration, judges, judicial review, judiciary, news, parliament by sally

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

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The Guardian, 19th October 2020

Source: www.theguardian.com

ICO fine for British Airways lands at £20m – Panopticon

Posted October 19th, 2020 in airlines, coronavirus, data protection, fines, news, ombudsmen by sally

‘Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines.’

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Panopticon, 19th October 2020

Source: panopticonblog.com

PI firms face deluge of costs claims after High Court ruling – Legal Futures

Posted October 19th, 2020 in compensation, costs, law firms, news, personal injuries by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a landmark High Court ruling.’

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Legal Futures, 19th October 2020

Source: www.legalfutures.co.uk

PC Andrew Harper death: Why his family wants the law to change – BBC News

Posted October 19th, 2020 in bereavement, criminal justice, emergency services, families, homicide, imprisonment, murder, news, police, sentencing, unlawful killing by sally

‘The sentences handed down to the killers of PC Andrew Harper have sparked much public debate and resulted in his widow and mother launching rival campaigns calling for tougher punishments for those who kill emergency services workers.’

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BBC News, 18th October 2020

Source: www.bbc.co.uk

When is it too harsh to separate a child from their parent? – UK Human Rights Blog

Posted October 19th, 2020 in appeals, children, criminal justice, deportation, families, human rights, immigration, news, statutory interpretation by sally

‘There has, in recent years, been a proliferation of case law on appeals against deportation by foreign national criminals on grounds of private and family life. The statutory scheme is complex enough, but the various tests (“unduly harsh”, “very compelling circumstances”) have also been subject to extensive judicial gloss, leaving practitioners and judges to wade through a confusing sea of alphabet-country soup case names.’

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UK Human Rights Blog, 16th October 2020

Source: ukhumanrightsblog.com

Extending custody time limit will hit BAME people hardest, MoJ told – The Guardian

Posted October 19th, 2020 in coronavirus, Crown Court, custody, delay, equality, Ministry of Justice, news, police, proportionality, time limits by sally

‘Extending the amount of time unconvicted defendants can await trial in prison will have a disproportionate impact on people who are black, Asian or from other ethnic minorities, according to official advice handed to ministers.’

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The Guardian, 16th October 2020

Source: www.theguardian.com

Remote hearings “can bring horror into your home”, says judge – Legal Futures

Posted October 19th, 2020 in coronavirus, families, family courts, judges, news, remote hearings by sally

‘A particularly unwelcome issue for judges hearing cases remotely is that some of the most disturbing elements of serious family cases are being heard at home, a High Court judge reported last week.’

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Legal Futures, 19th October 2020

Source: www.legalfutures.co.uk

How smart devices are exploited for domestic abuse – BBC News

Posted October 19th, 2020 in coercive & controlling behaviour, computer programs, coronavirus, domestic violence, internet, news, spying, telecommunications by sally

‘The number of domestic abuse cases has increased dramatically since the UK’s Covid lockdown – and tech has played a role.’

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BBC News, 18th October 2020

Source: www.bbc.co.uk