Four more Nightingale courts open – Law Society’s Gazette

Posted August 18th, 2020 in coronavirus, courts, delay, news, solicitors, working time by sally

‘The Law Society has once again urged the government to avoid extending court hours to reduce the justice backlog after four more Nightingale courts opened this week.’

Full Story

Law Society's Gazette, 18th August 2020

Source: www.lawgazette.co.uk

An insight into the relevance of insight in misconduct outcomes – UK Police Law Blog

Posted August 18th, 2020 in disciplinary procedures, misfeasance in public office, news, police by sally

‘If a police officer facing professional disciplinary proceedings disputes the misconduct allegations and continues to do so even after a finding of gross misconduct, can the misconduct hearing conclude that that the officer lacks insight and remorse – and impose a higher disciplinary sanction? The case of General Medical Council v Awan [2020] EWHC 1553 (Admin) from the medical regulatory tribunals suggest that such a conclusion should not be reached automatically, although a continued denial of the findings may well be a relevant consideration.’

Full Story

UK Police Law Blog, 17th August 2020

Source: ukpolicelawblog.com

Public Inquiries and Survivors: an in-depth look at the JR challenge to the Manchester Arena Inquiry – UK Human Rights Blog

Posted August 18th, 2020 in human rights, inquests, inquiries, judicial review, news, terrorism, victims by sally

‘A recent decision of the High Court concerning the Manchester Arena Inquiry highlights an interesting question about public inquiries, the role of survivors and the protections offered by the European Convention.’

Full Story

UK Human Rights Blog, 17th August 2020

Source: ukhumanrightsblog.com

Rent arrears and RROs – Nearly Legal

Posted August 18th, 2020 in landlord & tenant, news, rent, repayment, repossession by sally

‘This is a First Tier Tribunal (Property Chamber) decision on an application for a Rent Repayment Order (RRO), which unusually deals with the issue of the tenant’s rent arrears.’

Full Story

Nearly Legal, 16th August 2020

Source: nearlylegal.co.uk

Domestic abuse worsened in lockdown for two-thirds of survivors, BBC investigation finds – Daily Telegraph

Posted August 18th, 2020 in coronavirus, domestic violence, news by sally

‘Data uncovered by Panorama showed there was a call relating to domestic abuse every 30 seconds during the first seven weeks of lockdown.’

Full Story

Daily Telegraph, 16th August 2020

Source: www.telegraph.co.uk

BSB chief aims to arrange exam resits as soon as possible – Legal Futures

Posted August 18th, 2020 in barristers, complaints, computer programs, examinations, legal education, news by sally

‘The Bar Standards Board (BSB) is looking to arrange another round of exams well before December, its chief executive has told Legal Futures, as complaints about the online system mount.’

Full Story

Legal Futures, 18th August 2020

Source: www.legalfutures.co.uk

RSPCA calls for more regulation in pet industry – BBC News

Posted August 18th, 2020 in animal cruelty, animals, charities, dogs, news by sally

‘Not all local authorities require dog walkers, trainers and groomers to have qualifications and licences to operate, say the RSPCA, and this can lead to some animals being put at risk.’

Full Story

BBC News, 18th August 2020

Source: www.bbc.co.uk

Capacity and Serious Medical Treatment – Pump Court Chambers

‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’

Full Story

Pump Court Chambers, 6th August 2020

Source: www.pumpcourtchambers.com

BAME children three times more likely to have a Taser weapon used on them by police – The Guardian

‘Children from black, Asian and minority ethnic backgrounds are almost three times more likely to have a Taser electronic weapon used on them by police than their white counterparts.’

Full Story

The Guardian, 16th August 2020

Source: www.theguardian.com

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

Full Story

Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

Successful TOEIC appellants to be granted 2.5 years Leave to Remain – Garden Court Chambers

‘The Home Office has agreed that any TOEIC appellants who succeed in their appeals on Article 8 grounds, should be granted 2.5 years leave to remain.’

Full Story

Garden Court Chambers, 4th August 2020

Source: www.gardencourtchambers.co.uk

A-level student launches legal bid against Ofqual – The Guardian

‘An A-level student has launched a legal bid against the exams regulator Ofqual to “force them to come up with a fairer system”.’

Full Story

The Guardian, 16th August 2020

Source: www.theguardian.com

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

Full Story

Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

High Court judge remits Leeds site allocations plan to inspectors for reconsideration – Local Government Lawyer

Posted August 17th, 2020 in government departments, housing, local government, news, planning by sally

‘The High Court has remitted Leeds City Council’s site allocations plan to the Secretary of State For Housing, Communities and Local Government for reconsideration by planning inspectors, despite both the minister and the council opposing this course of action.’

Full Story

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

A-level results: ‘Huge mess’ as exams appeal guidance withdrawn – BBC News

‘The exams regulator is reviewing its guidance on how to appeal against A-level and GCSE grades using mock exam results – hours after publishing it.’

Full Story

BBC News, 16th August 2020

Source: www.bbc.co.uk

Parents of toddler with severe epilepsy seek legal review of cannabis oil guidelines – The Guardian

Posted August 17th, 2020 in children, health, judicial review, medicines, news by sally

‘The parents of a toddler with severe epilepsy are seeking a landmark judicial review of rigid guidelines that effectively prevent the NHS from prescribing medical cannabis oil, a substance that they say has allowed their son to live a much healthier life, to thousands of sick children.’

Full Story

The Guardian, 16th August 2020

Source: www.theguardian.com

Mother wins appeal over request for French court to assume jurisdiction of care case – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against an order secured during care proceedings by an unnamed local authority to request a French family court to assume jurisdiction of a case involving her son’s care under Article 15 of Council Regulation (EC) 2201/2003.’

Full Story

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Mayor defeats Court of Appeal challenge to removal of congestion charge exemption from minicab drivers – Local Government Lawyer

‘The Court of Appeal has found for the Mayor of London Sadiq Khan in a case brought by minicab drivers, despite judges being troubled by aspects of his actions.’

Full Story

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Re Debenhams Retail: do the wages of furloughed employees enjoy super priority in an insolvency? – Hardwicke Chambers

‘The Appellants were the Joint Administrators of Debenhams Retail Ltd (“the Company”), which had entered into administration on 9 April 2020. This had followed decisions in late March to place some 14,000 of its employees on furlough under the Government’s Coronavirus Job Retention Scheme (“the Scheme”).’

Full Story

Hardwicke Chambers, 11th August 2020

Source: hardwicke.co.uk

Revisiting Force Majeure – St Ives Chambers

Posted August 14th, 2020 in chambers articles, contracts, coronavirus, news by sally

‘Firstly, it should be made clear that force majeure is a clause which allows a party or parties to an agreement to avoid performing it in some way. However, that is dependent on certain events as specified within the agreement occurring.’

Full Story

St Ives Chambers, 3rd August 2020

Source: www.stiveschambers.co.uk