Report raises alarm over police detention of vulnerable suspects in England and Wales – The Guardian

‘Police officers detained and interviewed hundreds of thousands of vulnerable suspects last year in England and Wales in breach of mandatory safeguards, according to the body that sets standards for those who support vulnerable adults in police custody.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

High Court judge quashes s.17 Children Act assessment made by council – Local Government Lawyer

Posted September 25th, 2020 in children, families, homelessness, housing, judicial review, local government, London, news by sally

‘A judge has strongly criticised a London borough over its handling of the assessment of a family’s accommodation needs.’

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Local Government Lawyer, 24th September 2020

Source: www.localgovernmentlawyer.co.uk

Defence QC’s accusation against prosecutor was not misconduct – Legal Futures

‘A QC who accused prosecution counsel of bad faith without reasonable grounds was in breach of Bar Standards Board rules but not to the level of professional misconduct, a tribunal has ruled.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

Eviction and contempt – Nearly Legal

Posted September 25th, 2020 in appeals, debts, landlord & tenant, news, rent, repossession, stay of proceedings, undertakings by sally

‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’

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Nearly Legal, 21st September 2020

Source: nearlylegal.co.uk

Ronan Cormacain: The United Kingdom Internal Market Bill and Breach of Domestic Law – UK Constitutional Law Association

‘Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level. This remains the case even if amendments proposed by Sir Bob Neill MP (and apparently accepted by the Government) pass.’

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UK Constitutional Law Association, 23rd September 2020

Source: ukconstitutionallaw.org

Anthony Lewis: Life for ‘predatory’ children’s entertainer – BBC News

‘A children’s entertainer who raped and sexually abused young girls over a 20-year period has been jailed for life.’

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BBC News, 24th September 2020

Source: www.bbc.co.uk

Vulnerable people left without access to solicitors during Covid – Legal Futures

‘Some of the most vulnerable people have been left isolated and without proper access to solicitors because of the official response to the Covid-19 crisis, according to a report from the Law Society.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

Muslim man wins UK tribunal case over Cognac raffle switch – The Guardian

‘A Muslim man who worked at a country house hotel has successfully sued his employer for religious harassment after he won a bottle of Cognac in a raffle at a staff party but was given a “cheap” box of chocolates instead.’

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The Guardian, 24th September 2020

Source: www.theguardian.com

Bethany Shiner and Tanzil Chowdhury: The Overseas Operation (Service Personnel and Veterans) Bill and Impunity of the British State – UK Constitutional Law Association

‘The Overseas Operation (Service Personnel and Veterans) Bill was introduced in the House of Commons in March 2020 and is due its second reading on 23 September 2020. In short, the Bill aims to limit prosecution and civil proceedings against military personnel, as well as to enable the UK government to derogate from the European Convention on Human Rights (ECHR) during combat operations. The Bill emerges in response to what numerous Defence Secretaries have referred to as the “judicialisation of war”, a term which has been used to resist the application of the ECHR to overseas military combat operations. Despite the Bill being described as a way to protect soldiers from the “industry” of “vexatious claims” and preserve the ability of combat forces to fight wars effectively, there is every suggestion that this is really about precluding, or at least severely limiting, the accountability of the British state in its overseas military deployments.’

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UK Constitutional Law Association, 22nd September 2020

Source: ukconstitutionallaw.org

Hate crimes recorded at one in 10 football games in England and Wales – The Guardian

Posted September 25th, 2020 in government departments, hate crime, news, racism, sport, statistics by sally

‘One in 10 football fixtures in the 2019-20 season had an incident of hate crime in England and Wales, data gathered by the police, the FA and anti-discrimination campaigners has revealed.’

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The Guardian, 24th September 2020

Source: www.theguardian.com

Larger local authorities face reporting requirement on steps taken to prevent modern slavery – Local Government Lawyer

Posted September 25th, 2020 in enforcement, forced labour, local government, news by sally

‘The Government is to strengthen the Modern Slavery Act 2015 to require larger local authorities and other public bodies and businesses to take action against modern slavery risks in their supply chains.’

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Local Government Lawyer, 23rd September 2020

Source: www.localgovernmentlawyer.co.uk

Investigation launched after black barrister mistaken for defendant – Law Society’s Gazette

Posted September 24th, 2020 in barristers, courts, diversity, HM Courts Service, minorities, news by sally

‘The chief executive of HM Courts & Tribunals Service has begun an urgent investigation into how a black barrister was repeatedly mistaken for a defendant in court yesterday.’

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Law Society's Gazette, 24th September 2020

Source: www.lawgazette.co.uk

Cleaner Aurora Iacomi jailed for spiking boss’s coffee with detergent – BBC News

Posted September 24th, 2020 in guilty pleas, hazardous substances, news, poisoning, sentencing by sally

‘A station cleaner who spiked her supervisor’s coffee with cleaning fluid for “revenge” has been jailed.’

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BBC News, 23rd September 2020

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 24th, 2020 in legislation by sally

The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) (Amendment) (No. 3) Regulations 2020

The Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2020

The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place and on Public Transport) (England) (Amendment) (No. 3) Regulations 2020

The Representation of the People (Electoral Registers Publication Date) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020

The Fatal Accidents Act 1976 (Remedial) Order 2020

The School Teachers’ Pay and Conditions (England) Order 2020

Source: www.legislation.gov.uk

Council to pursue Crown Court appeal over ruling that ex-policeman convicted of child abduction should be granted taxi licence – Local Government Lawyer

Posted September 24th, 2020 in children, kidnapping, licensing, local government, news, taxis by sally

‘Sefton Metropolitan Borough Council has lodged an appeal with Liverpool Crown Court over whether a former policeman convicted 14 years ago of abducting a 15-year-old girl should be granted a taxi driver licence.’

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Local Government Lawyer, 22nd September 2020

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted September 24th, 2020 in law reports by sally

High Court (Administrative Court)

Caine, R (On the Application Of) v Department For Work And Pensions [2020] EWHC 2482 (Admin) (23 September 2020)

High Court (Chancery Division)

Wolf Rock (Cornwall) Ltd v Langhelle [2020] EWHC 2500 (Ch) (23 September 2020)

High Court (Commercial Court)

Ang v Reliantco Investments Ltd & Anor [2020] EWHC 2529 (Comm) (24 September 2020)

Riverrock Securities Ltd v International Bank of St Petersburg (Joint Stock Company) [2020] EWHC 2483 (Comm) (23 September 2020)

High Court (Technology and Construction Court)

Pullman Foods Ltd v The Welsh Ministers & Anor [2020] EWHC 2521 (TCC) (23 September 2020)

Source: www.bailii.org

A bonanza of C-19 challenges – UK Human Rights Blog

Posted September 24th, 2020 in class actions, coronavirus, news by sally

‘With Baroness Hale’s recent criticism of the emergency measures taken by the government ringing in our ears, the following information from across the Atlantic might be of interest. The New England firm Pierce Atwood LLP has compiled a list of class actions related to COVID-19 in the United States, including all filed and anticipated cases up to 9 September 2020.’

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UK Human Rights Blog, 23rd September 2020

Source: ukhumanrightsblog.com

NHS trust fined for lack of candour in first prosecution of its kind – The Guardian

Posted September 24th, 2020 in bereavement, hospitals, news, prosecutions, regulations by sally

‘A hospital trust has been fined for failing to be open and transparent with the bereaved family of a 91-year-old woman in the first prosecution of its kind.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com

UK ‘Misses Opportunity’ To Reform Legal Recognition For Trans People – Each Other

Posted September 24th, 2020 in equality, gender, news, transgender persons by sally

‘Trans people in England and Wales will continue to be “forced through harmful processes” if they wish to have their gender recognised under a law the UK government has decided not to update, human rights groups have warned.’

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Each Other, 22nd September 2020

Source: eachother.org.uk

‘Free bunnies’ activists found guilty of trespass after anti-fur protest – The Guardian

Posted September 24th, 2020 in animal cruelty, criminal damage, demonstrations, news, trespass by sally

‘Four anti-fur activists, dubbed the “free bunnies”, have been found guilty of aggravated trespass following a protest at a flagship Dolce & Gabbana store in Mayfair, London.’

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The Guardian, 23rd September 2020

Source: www.theguardian.com