Inheritance delays causing financial hardship for the bereaved – The Independent

Posted October 7th, 2020 in bereavement, coronavirus, delay, executors, families, news, probate, wills by sally

‘With probate applications now taking three times longer to approve, more than 8,000 estates remain unclaimed.’

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The Independent, 6th October 2020

Source: www.independent.co.uk

Court to rule on UK freedom of information bids from overseas – The Guardian

‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

Unexplained Wealth Orders: Suspected money launderer gives up £10m of property – BBC News

‘Around £10m of property has been surrendered in a major victory against some of northern England’s most dangerous criminals. The apartments and homes were given up to the National Crime Agency by a Leeds businessman who investigators suspect of being a major money-launderer.’

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BBC News, 7th October 2020

Source: www.bbc.co.uk

Justin Welby: Child sex abuse report a ‘wake-up call’ for Church – BBC News

‘A report that found the Church of England failed to protect children from sexual abuse was “a big wake-up call”, the Archbishop of Canterbury has said. Justin Welby said “nothing must get in the way” of change after a report from the Independent Inquiry into Child Sex Abuse (IICSA) said the Church had failed to protect children.’

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BBC News, 7th October 2020

Source: www.bbc.co.uk

Boris Johnson undermining courts to consolidate power, retired Supreme Court judge warns – The Independent

‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’

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The Independent, 6th October 2020

Source: www.independent.co.uk

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

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Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

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Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Council hit with costs order after Court of Protection judge finds it failed autistic 18 year old – Local Government Lawyer

Posted October 6th, 2020 in autism, care orders, costs, Court of Protection, local government, news by sally

‘A Court of Protection judge has ordered Shropshire Council to pay the costs of the Official Solicitor and a father after finding that the local authority had failed an 18 year old man (ND) with a diagnosis of autism spectrum disorder.’

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Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

Insurers’ decision to appeal Covid insurance test case “disgraceful” – Litigation Futures

Posted October 6th, 2020 in coronavirus, financial regulation, insurance, law firms, news by sally

‘A law firm at the forefront of the business interruption insurance test case has described insurers’ decision to appeal the High Court ruling as “disgraceful”.’

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Litigation Futures, 5th October 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 6th, 2020 in legislation by sally

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 2020

The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2020 in law reports by sally

High Court (Chancery Division)

Terracorp Ltd v Rajesh Mistry & Ors [2020] EWHC 2623 (Ch) (06 October 2020)

High Court (Commercial Court)

YS GM Marfin II LLC & Ors v Lakhani & Ors [2020] EWHC 2629 (Comm) (05 October 2020)

High Court (Queen’s Bench Division)

Chell v Tarmac Cement And Lime Ltd [2020] EWHC 2613 (QB) (05 October 2020)

Source: www.bailii.org

G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent

Posted October 6th, 2020 in clubs, coronavirus, health & safety, judicial review, news, regulations by sally

‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Doctor fined £4,000 for carrying out unlicensed circumcision – The Independent

Posted October 6th, 2020 in children, doctors, fines, licensing, medical treatment, news, penalties by sally

‘A doctor has been fined £4,000 after carrying out an unlicensed circumcision.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

UK court overturns ruling on $1.8bn of Venezuelan gold – The Guardian

‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

Youth jail plans therapy rather than steel doors – BBC News

Posted October 6th, 2020 in education, news, prisons, recidivists, rehabilitation, reports, young offenders by sally

‘”Once you’re caught in the grip of the system you are doomed,” says the founder of a radically different approach to jailing young offenders. Steve Chalke aims to stop a revolving door of criminality that at present sees 69% of young prisoners reoffending within a year of release.’

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BBC News, 6th Ocotber 2020

Source: www.bbc.co.uk

‘I have nothing’: Roma people left without support and at risk of exploitation due to digital-only status – The Independent

Posted October 6th, 2020 in benefits, brexit, citizenship, EC law, immigration, news by sally

‘People from Britain’s Roma community are being left unable to access vital support and are exposed to exploitation due to the government’s new digital-only status for EU citizens, research reveals.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

Back bill to ban marriage for under-18 in England and Wales, MPs urged – The Guardian

Posted October 6th, 2020 in bills, children, civil partnerships, consent, forced marriages, marriage, news by sally

‘The UK is undermining its international efforts to end child marriage because an exception to the law in England and Wales that allows 16 and 17-year-olds to marry with parental consent is putting children at risk, parliament will be told today.’

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The Guardian, 6th October 2020

Source: www.theguardian.com

‘He cannot cope’: More than 100,000 people call for deportation of severely autistic man to be halted – The Independent

Posted October 6th, 2020 in autism, deportation, Jamaica, learning difficulties, news by sally

‘Brown, 21, is a severely autistic Jamaican-born UK resident who is currently in prison a two-and-a-half-hour drive from his mother’s home in Dudley. He is nearing the end of a five-year prison sentence, and faces removal to a country he hasn’t set foot in since he came to the UK aged four.’

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The Independent, 5th October 2020

Source: www.independent.co.uk

For this relief, much thanks – Nearly Legal

Posted October 5th, 2020 in appeals, debts, delay, forfeiture, landlord & tenant, leases, news, rent by sally

‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’

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Nearly Legal, 4th October 2020

Source: nearlylegal.co.uk

Government paying junior barristers less than national minimum wage – The Bar Council

‘Some barristers are being paid the equivalent of £6.25 per hour by the government, less than the National Minimum Wage, despite their central role in clearing the 500,000-plus backlog of cases in the criminal courts, says the Bar Council in its Spending Review submission to the Treasury.’

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The Bar Council, 1st October 2020

Source: www.barcouncil.org.uk