Nicholas Reed Langen: Is the Supreme Court more interventionist? – UK Constitutional Law Association

Posted October 19th, 2020 in constitutional law, judges, judiciary, news, parliament, Supreme Court by sally

‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’

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UK Constitutional Law Association, 14th October 2020

Source: ukconstitutionallaw.org

UK supreme court backs housing charity’s ‘Jewish only’ rule – The Guardian

‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’

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The Guardian, 16th October 2020

Source: www.theguardian.com

Court of Appeal to have power to depart from EU law – Litigation Futures

Posted October 19th, 2020 in appeals, brexit, courts, EC law, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’

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Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

Drivers to be banned from picking up mobile phones – BBC News

‘It will become illegal for anyone to pick up and use their mobile phone while driving, under new legislation to be enacted next year.’

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BBC News, 17th October 2020

Source: www.bbc.co.uk

Rape prosecutors in England and Wales given new advice over dating apps – The Guardian

‘Prosecutors in England and Wales are being given new guidance over nude selfies and dating apps in rape and sexual assault cases.’

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The Guardian, 19th October 2020

Source: www.theguardian.com

Inquest rules heading heavy leather balls ‘a factor’ in death of Alan Jarvis – The Guardian

Posted October 16th, 2020 in employment, industrial injuries, inquests, news, psychiatric damage, sport by sally

‘A former Wales international footballer who developed dementia had died after heading heavy leather balls during his career, an inquest heard on Thursday.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 16th, 2020 in legislation by sally

The Apprenticeships (Alternative English Completion Conditions and Miscellaneous Provisions) (Amendment) (Coronavirus) Regulations 2020

The Health Protection (Coronavirus, Local COVID-19 Alert Level) (High) (England) (Amendment) Regulations 2020

The General Synod of the Church of England (Postponement of Elections) (Amendment) Order 2020

The Restriction of Public Sector Exit Payments Regulations 2020

The Lebanon (Sanctions) (Overseas Territories) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 16th, 2020 in law reports by sally

Court of Appeal (Civil Division)

CTD (A Child: Rehearing) [2020] EWCA Civ 1316 (14 October 2020)

Court of Appeal (Criminal Division)

Wangige, R v [2020] EWCA Crim 1319 (14 October 2020)

High Court (Administrative Court)

Bhandal & Ors v Secretary of State for Housing, Communities & Local Government & Anor [2020] EWHC 2724 (Admin) (15 October 2020)

Hemms, R (On the Application Of) v Bath And North East Somerset Council & Anor [2020] EWHC 2721 (Admin) (14 October 2020)

Smith, R (On the Application Of) v The Secretary of State for Justice [2020] EWHC 2712 (Admin) (14 October 2020)

Lipman, R (On the Application Of) v The Director of Legal Aid Casework [2020] EWHC 2668 (Admin) (12 October 2020)

High Court (Chancery Division)

Strategic Advantage SPC (On behalf of VAT 1 SP) v Rutter & Ors [2020] EWHC 3171 (Ch) (14 October 2020)

Selecta Finance UK Ltd, Re [2020] EWHC 2689 (Ch) (14 October 2020)

C.T. Dent Ltd v Atias & Anor [2020] EWHC 2720 (Ch) (14 October 2020)

Naibu Global International Company PLC & Anor v Daniel Stewart & Company PLC & Anor [2020] EWHC 2719 (Ch) (14 October 2020)

High Court (Commercial Court)

TKC London Ltd v Allianz Insurance PLC [2020] EWHC 2710 (Comm) (15 October 2020)

High Court (Patents Court)

Merck Sharp & Dohme Ltd v Wyeth LLC [2020] EWHC 2636 (Pat) (15 October 2020)

Source: www.bailii.org

Family of NHS consultant stricken by Covid face removal from UK – The Guardian

‘The family of an NHS consultant who has treated many patients during the coronavirus pandemic, and who is now critically ill with Covid himself, are facing removal from the UK.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Academy trust facing legal challenge over award of £2m software contract – Local Government Lawyer

Posted October 16th, 2020 in computer programs, contracts, local government, news, public procurement by sally

‘A large academy school trust faces litigation from a firm that lost out in the award of an IT contract.’

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Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

High charges for rural broadband investigated by Ofcom – BBC News

Posted October 16th, 2020 in consumer protection, internet, news, ombudsmen by sally

‘Ofcom is to investigate why BT is quoting some people thousands of pounds to get broadband connections.’

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BBC News, 15th October 2020

Source: www.bbc.co.uk

Dementia patient restrained by security guards 18 times to be forcibly treated – Daily Telegraph

‘A dementia patient was restrained by security guards 18 times so he could be forcibly treated, as experts warn the case is “shocking and extreme”.’

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Daily Telegraph, 14th October 2020

Source: www.telegraph.co.uk

SRA seeks charitable status in Law Society split – Legal Futures

‘The Solicitors Regulation Authority (SRA) is applying for charitable status as part of becoming a distinct legal entity within the Law Society Group, it has emerged.’

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Legal Futures, 16th October 2020

Source: www.legalfutures.co.uk

Revealed: fewer than one in 200 complaints against Met unit upheld – The Guardian

‘Fewer than one in 200 complaints made against the division of the Metropolitan police responsible for public order policing over the last decade have been upheld, figures obtained by the Guardian suggest.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

Man denied £1.7m payout by Betfred takes fight to High Court – BBC News

Posted October 16th, 2020 in computer programs, consumer protection, contracts, gambling, interpretation, news by sally

‘A man who was refused a payout of £1.7m after his online betting company account was credited with the money is taking his case to the High Court.’

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BBC News, 16th October 2020

Source: www.bbc.co.uk

New Brexit law will let vulnerable EU citizens apply late to stay in UK – The Guardian

‘The government is to fast-track legislation that it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

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The Guardian, 15th October 2020

Source: www.theguardian.com

If an Englishman’s home is his castle, his clothes are his suit of armour – UK Police Law Blog

‘Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) concerned what many might consider to be the tail end of just another good night out. The claimant got into a taxi on 22 April 2017, in an advanced state of intoxication, and the taxi driver rang 999 to report that she had started abusing him and “kicking off”. She vomited all over herself and over the back of the taxi. Officers responding to this unfortunate misunderstanding found her covered in vomit, including in her hair. They arrested her for the offence of being drunk and disorderly. At the police station, Ms Pile was flailing her arms with the attention of striking the officers accompanying her. She later accepted a £60 fixed penalty notice as an alternative to being prosecuted. For many, the story would have ended there…’

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UK Police Law Blog, 14th October 2020

Source: ukpolicelawblog.com

Care watchdog to review use of DNACPR during pandemic – Local Government Lawyer

Posted October 15th, 2020 in care homes, consent, coronavirus, elderly, medical treatment, news by sally

‘The Care Quality Commission is to review how Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions were used during the coronavirus pandemic.’

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Local Government Lawyer, 13th October 2020

Source: www.localgovernmentlawyer.co.uk

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association – Local Government Lawyer

Posted October 15th, 2020 in admissibility, appeals, evidence, housing, landlord & tenant, news, repossession, witnesses by sally

‘The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.’

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Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

Remote hearing success means no backlog in some family courts – Legal Futures

Posted October 15th, 2020 in coronavirus, delay, family courts, news, remote hearings by sally

‘The family court system has adapted so well to remote working that some courts do not have a backlog of cases, the president of the Family Division said yesterday.’

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Legal Futures, 15th October 2020

Source: www.legalfutures.co.uk