Court agrees to withdraw boy’s hospital treatment – BBC News

Posted September 2nd, 2020 in children, Court of Protection, families, medical treatment, news by sally

‘A 12-year-old boy with brain injuries will have his treatment withdrawn after a High Court judge found it was not in his best interests to prolong life.’

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BBC News, 1st September 2020

Source: www.bbc.co.uk

Government spends £120m in taxpayer money fighting disability benefit claims in two years, figures show – The Independent

Posted September 2nd, 2020 in appeals, benefits, disabled persons, government departments, news, statistics, tribunals by sally

‘The government has spent more than £120m in taxpayers’ money fighting disability benefit claims in the last two years – despite losing three-quarters of tribunal appeals, The Independent can reveal.’

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The Independent, 1st September 2020

Source: www.independent.co.uk

Harry Dunn’s parents drop plan to sue US government – The Independent

‘The parents of Harry Dunn have dropped plans to sue the US government over his death in a crash allegedly involving the wife of an American intelligence official. Charlotte Charles and Tim Dunn said they had made the decision in the hope the Trump administration would allow suspect Anne Sacoolas to face the UK justice system.’

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The Independent, 1st September 2020

Source: www.independent.co.uk

Mother sues MoJ over child’s lack of access to father in jails lockdown – The Guardian

Posted September 1st, 2020 in children, families, human rights, news, prisons, telecommunications by sally

‘A mother who fears her 19-month-old child will forget their father if prison visits do not resume soon has begun preliminary legal action against the Ministry of Justice.’

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The Guardian, 31st August 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 1st, 2020 in legislation by sally

The Designation of Schools Having a Religious Character (England) Order 2020

The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2020

The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2020

The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020

The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

Barrister should have apologised to judge over behaviour – Legal Futures

Posted September 1st, 2020 in barristers, disciplinary procedures, fines, news by sally

‘A hugely experienced criminal defence barrister who shouted and pulled faces at a judge should have sent her a letter of apology, a Bar disciplinary tribunal has said.’

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Legal Futures, 1st September 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted September 1st, 2020 in law reports by sally

Court of Appeal (Civil Division)

Irish Bank Resolution Corporation Ltd v Revenue And Customs [2020] EWCA Civ 1128 (28 August 2020)

Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 (28 August 2020)

High Court (Administrative Court)

McCourt, R (On the Application Of) v The Parole Board for England And Wales & Ors [2020] EWHC 2320 (Admin) (01 September 2020)

AB v Prosecutor General’s Office, Lithuania [2020] EWHC 2348 (Admin) (27 August 2020)

High Court (Queen’s Bench Division)

Hopkins v Revenue And Customs [2020] EWHC 2355 (QB) (01 September 2020)

High Court (Technology and Construction Court)

Lane End Developments Construction Ltd v Kingstone Civil Engineering Ltd [2020] EWHC 2338 (TCC) (28 August 2020)

Source: www.bailii.org

Ofcom: Does TV Need A New Diversity Regulator? – Each Other

Posted September 1st, 2020 in BBC, diversity, media, news by sally

‘Media regulator Ofcom is under fresh scrutiny after historian David Olusoga accused it of failing to hold broadcasters accountable for their lack of diversity. EachOther spoke to industry experts about their views on his call for a new diversity regulator and what it should look like.’

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Each Other, 28th August 2020

Source: eachother.org.uk

A Force to be Reckoned with by John Bowers QC – Littleton Chambers

Posted September 1st, 2020 in armed forces, homosexuality, human rights, news by sally

‘In his article “A Force to be Reckoned with” for the New Law Journal, John Bowers QC reflects on 20 years since the ground breaking case that lifted the ban on gay men and women serving in the military. John acted for one of the applicants in this case, alongside David Pannick QC, Laura Cox, the late Peter Duffy and others.’

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Littleton Chambers, 20th August 2020

Source: littletonchambers.com

Triple threat to justice system in England and Wales, lawyers warn – The Guardian

Posted September 1st, 2020 in coronavirus, courts, criminal justice, delay, legal aid, legal profession, news by sally

‘The criminal justice system in England and Wales is facing the triple threat of a shortage of defence lawyers, financial shock as furlough assistance from the government ends and the mass postponement of trials due to the coronavirus pandemic.’

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The Guardian, 31st August 2020

Source: www.theguardian.com

Asylum seekers: Delays in processing applications rise – BBC News

Posted September 1st, 2020 in asylum, delay, news, statistics by sally

‘Delays in processing UK asylum applications increased significantly last year, official figures suggest.’

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BBC News, 31st August 2020

Source: www.bbc.co.uk

Diversity of criminal bar at risk as junior barristers forced to quit – The Guardian

Posted September 1st, 2020 in barristers, coronavirus, criminal justice, diversity, minorities, news, pupillage by sally

‘Junior barristers and pupils from underrepresented backgrounds are dropping out of the profession at an alarming rate, threatening the diversity of the criminal bar, the anonymous blogger and author known as Secret Barrister has warned.’

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The Guardian, 31st August 2020

Source: www.theguardian.com

Lyum Roy Campbell (a protected party by his father & litigation friend Donald Campbell) v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) – Parklane Plowden Chambers

‘In this case the court considered the issues of capacity, consent and contributory negligence following a road traffic accident wherein the Claimant, Lyum Roy Campbell, suffered very severe injuries, having allowed himself to be driven by a friend who was intoxicated.’

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Parklane Plowden Chambers, 21st August 2020

Source: www.parklaneplowden.co.uk

Judge wrong to impose costs on litigation friend – Litigation Futures

Posted August 28th, 2020 in children, costs, law firms, litigation friends, news, tax avoidance by sally

‘A High Court judge was wrong to order a litigation friend, acting for children, to pay costs after unsuccessfully applying to challenge the settlement of a trust dispute, appeal judges have ruled.’

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Litigation Futures, 26th August 2020

Source: www.litigationfutures.com

Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH

‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’

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5SAH, 24th August 2020

Source: www.5sah.co.uk

Rapper Ceon Broughton wins appeal against manslaughter conviction following festival death of Louella Fletcher-Michie – Garden Court Chambers

‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’

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Garden Court Chambers, 18th August 2020

Source: www.gardencourtchambers.co.uk

GCSE results: Key Q&As for Students and Schools – 3PB

Posted August 28th, 2020 in chambers articles, coronavirus, education, examinations, news, school children by sally

‘This year is a year like no other. Students have found out how they performed in exams they did not even sit. The Department for Education (“DfE”) changed its approach in a major U-turn five days after the A Level results were released.’

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3PB, 20th August 2020

Source: www.3pb.co.uk

‘Lawful object’ – Section 4(1) of the Explosive Substances Act 1883 – KCH Garden Sq

‘On the 11 March 2020 the Supreme Court gave their judgment in the case of R v Copeland [2020] UKSC 8. This case concerned the interpretation of the Explosive Substances Act 1883 (‘the Act’), section 4(1). This provides that anyone who makes or has in their possession explosive substances is liable to prosecution unless they can show it was ‘for a lawful object’. Specifically, the Court considered the meaning of what constituted ‘a lawful object’ and the case is likely to be of some interest to those involved in counter-terrorism matters.’

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KCH Garden Sq, August 2020

Source: kchgardensquare.co.uk

Tribunal upholds award to age discrimination job interview solicitor – Law Society’s Gazette

‘The employment tribunal has declined to change its compensation award made to a solicitor who claimed age discrimination when he was turned down for a job.’

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Law Society's Gazette, 27th August 2020

Source: www.lawgazette.co.uk

Ban on evictions and notice periods extended in Government u-turn – St Ives Chambers

‘The stay imposed on possession proceedings was due to expire on Sunday 23 August 2020. However, in an 11th hour u-turn, Robert Jenrick announced on Friday afternoon that the ban on evictions would be extended for a further 4 weeks (taking the total ban to 6 months) in England and Wales. In a further, unforeseen twist, it was announced that a new 6 month notice period would be in place until at least 31 March 2021 (this applies to England only) in all matters save for “serious cases”, examples of which are anti-social behaviour and domestic abuse.’

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St Ives Chambers, 21st August 2020

Source: www.stiveschambers.co.uk