Brexit: EU launches legal action against UK for breaching withdrawal agreement – The Guardian

‘The EU has launched legal action against the UK after Boris Johnson failed to respond to Brussels’ demand that he drop legislation that would overwrite the withdrawal agreement and break international law.’

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The Guardian, 1st October 2020

Source: www.theguardian.com

Plastic straw ban in England comes into force – BBC News

Posted October 1st, 2020 in environmental protection, news, waste by sally

‘A ban on single-use plastic straws, stirrers and cotton buds has come into force in England.’

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BBC News, 1st October 2020

Source: www.bbc.co.uk

“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures

Posted October 1st, 2020 in costs, fundamental dishonesty, law firms, negligence, news, wasted costs orders by sally

‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’

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Litigation Futures, 30th September 2020

Source: www.litigationfutures.com

Half of coronavirus fines go unpaid in England and Wales – The Guardian

Posted October 1st, 2020 in coronavirus, enforcement, fines, magistrates, news, penalties, police, regulations by sally

‘Half the fines issued by police for breaches of coronavirus rules in England and Wales have not been paid and will be dealt with by the already beleaguered courts, it has been revealed.’

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The Guardian, 30th September 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 1st, 2020 in legislation by sally

The Health Protection (Coronavirus, Restrictions) (North of England, North East and North West of England and Obligations of Undertakings (England) etc.) (Amendment) Regulations 2020

The International Monetary Fund (Limit on Lending) Order 2020

The Safety of Sports Grounds (Designation) (Amendment) (England) (No. 4) Order 2020

The Audiovisual Media Services Regulations 2020

The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 3) Regulations 2020

The Non-Contentious Probate (Amendment) Rules 2020

Source: www.legislation.gov.uk

BAILII: New Decisions

Posted October 1st, 2020 in law reports by sally

High Court (Chancery Division)

Strategic Advantage SPC v High Street Rooftop Holdings Ltd [2020] EWHC 2572 (Ch) (30 September 2020)

High Court (Family Division)

K (Threshold – Cocaine Ingestion – Failure to give evidence) [2020] EWHC 2502 (Fam) (29 September 2020)

High Court (Patents Court)

Edwards Lifesciences Corporation & Anor v Meril GmbH & Anor [2020] EWHC 2562 (Pat) (29 September 2020)

Source: www.bailii.org

Competition watchdog sides with water firms in row over plan to cut household bills – The Guardian

Posted September 30th, 2020 in competition, consumer protection, news, ombudsmen, water, water companies by sally

‘Britain’s competition watchdog has sided with water suppliers in a row over the regulator’s plan to reduce industry revenues in order to cut an average of £50 a year from water bills.’

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The Guardian, 29th September 2020

Source: www.theguardian.com

Keep part 36 offers simple by using form, judge urges – Litigation Futures

Posted September 30th, 2020 in civil procedure rules, interpretation, judges, news, part 36 offers, service, time limits by sally

‘A High Court judge has told parties making part 36 offers that if they simply used form N242A “much of the difficulty” the scheme has caused litigants over the years would be avoided.’

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Litigation Futures, 28th September 2020

Source: www.litigationfutures.com

Uighurs could be allowed to seek genocide ruling against China in UK – The Guardian

‘Uighurs and other Muslim minorities would be given the right to petition a UK high court judge to declare that genocide is taking place in China, requiring the UK government to curtail trade ties with Beijing, under proposals brought by MPs and peers.’

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The Guardian, 29th September 2020

Source: www.theguardian.com

‘No reason’ for egg freezing 10-year storage limit – BBC News

Posted September 30th, 2020 in consumer protection, medical treatment, news, pregnancy, time limits by sally

‘The 10-year limit for storing eggs frozen for social reasons could be scrapped to give people concerned about declining fertility more time and options, says a UK ethics body.’

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BBC News, 30th September 2020

Source: www.bbc.co.uk

Review of BSB decision-making will not cover exams furore – Legal Futures

Posted September 30th, 2020 in barristers, coronavirus, examinations, legal education, Legal Services Board, news by sally

‘The Legal Services Board (LSB) has launched its review of the quality of the Bar Standards Board’s (BSB) decision-making – but is not going to look at the controversy around last month’s Bar exams.’

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Legal Futures, 30th September 2020

Source: www.legalfutures.co.uk

Deaths from natural causes in English and Welsh prisons ‘unacceptably high’ – The Guardian

Posted September 30th, 2020 in death in custody, news, ombudsmen, prisons, statistics by sally

‘The number of deaths from natural causes on the prison estate is “unacceptably high”, a watchdog has warned, urging ministers to do more to allow inmates to be allowed out to die.’

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The Guardian, 30th September 2020

Source: www.theguardian.com

Westergate primary school snooping-accused teacher cleared – BBC News

Posted September 30th, 2020 in computer crime, electronic mail, employment, holidays, news, privacy, teachers by sally

‘A teacher who spoke out about alleged “overgrading” of pupils’ work has been cleared of snooping on her colleagues’ emails.’

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BBC News, 29th September 2020

Source: www.bbc.co.uk

Coalition calls for new laws to end sewage discharges into UK waters – The Guardian

Posted September 30th, 2020 in bills, environmental protection, news, pollution, statistics, waste, water, water companies by sally

‘A coalition of river and sea organisations is calling for targets for water companies to reduce sewage discharges to be included in the upcoming environment bill.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 29th, 2020 in legislation by sally

The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) (Amendment) Regulations 2020

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020

The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) (Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 29th, 2020 in law reports by sally

Court of Appeal (Civil Division)

PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020)

Court of Appeal (Criminal Division)

Westbrook & Anor, R. v (Rev 1) [2020] EWCA Crim 1243 (29 September 2020)

Turner, R. v [2020] EWCA Crim 1241 (29 September 2020)

High Court (Chancery Division)

Criterion Buildings Ltd v McKinsey & Company, Inc. United Kingdom & Anor [2020] EWHC 2552 (Ch) (28 September 2020)

High Court (Queen’s Bench Division)

Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB) (25 September 2020)

Source: www.bailii.org

Inquiry into failings at south Wales maternity units grows to 160 cases – The Guardian

Posted September 29th, 2020 in birth, complaints, hospitals, news, Wales by sally

‘An independent panel investigating two maternity units in south Wales where a series of failings may have put the lives of mothers and babies at risk is looking into the care given to 150 women, it emerged on Monday.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Communication, Education and Speech Difficulties in the Criminal Justice System – Oxford Human Rights Hub

Posted September 29th, 2020 in criminal justice, dyslexia, education, learning difficulties, news, prisons, statistics by sally

‘The level of educational achievement by incarcerated offenders in the UK is far lower than the average. In addition, 40-50% of prisoners assessed in John Rack’s research for the Dyslexia Institute (2005) were at or below levels of literacy and numeracy expected of an 11-year old. In 2007, the Prison Reform Trust reported that prison populations who showed serious deficits in literacy and numeracy reached up to 60% with a 30% dyslexia rate. This literacy problem extends to oral speech. People in the Criminal Justice System are ten times more likely to have a Speech and Communication Difficulty than members of the public. Research shows that 60% of young male offenders have a communication deficit as opposed to 3-10% of the general population (Available evidence for young female and adult offenders shows similarly high levels of speech-difficulties.) In the UK, low socio-economic status (SES), speech difficulty and school exclusions are co-morbid factors for offending. Having a speech difficulty also makes it near impossible for anyone with significant communication difficulties to navigate a legal system built upon excessive jargon without help. The criminal justice system must make structural interventions to protect the rights of persons with Speech and Communication Difficulty.’

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Oxford Human Rights Hub, 17th September 2020

Source: ohrh.law.ox.ac.uk

Woman wins UK legal fight over unlawful deportation to Uganda – The Guardian

Posted September 29th, 2020 in appeals, asylum, deportation, detention, homosexuality, news by sally

‘The Home Office has lost a case in the court of appeal against a 27-year-old lesbian asylum seeker it was found to have unlawfully removed from the UK and was forced to fly back to the UK in the summer of 2019.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Female advocates “to lose instructions” with longer court hours – Legal Futures

Posted September 29th, 2020 in barristers, carers, coronavirus, courts, flexible working, news, solicitors, women, working time by sally

‘Criminal advocates unable to accommodate courts’ extended operating hours (EOH) – who are disproportionately women – are likely to miss out instructions even though they can ask for hearings to be held during regular hours instead, research has warned.’

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Legal Futures, 29th September 2020

Source: www.legalfutures.co.uk