Judge criticises council for failure to implement recommendations of First-tier Tribunal – Local Government Lawyer

Posted July 16th, 2020 in autism, children, community care, local government, news by sally

‘The London Borough of Barnet gave “disingenuous” and “erroneous” reasons for departing from the recommendations of the First-Tier Tribunal (FTT) in a case concerning an autistic boy’s care, a judge has ruled.’

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Local Government Lawyer, 16th July 2020

Source: www.localgovernmentlawyer.co.uk

Legal regulators “too slow” with diversity action – Legal Futures

Posted July 16th, 2020 in diversity, legal profession, Legal Services Board, news by sally

‘Progress by the legal regulators in understanding and tackling ongoing inequalities in the profession is “too slow” and lacks “strategic direction”, the Legal Services Board (LSB) has said.’

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Legal Futures, 16th July 2020

Source: www.legalfutures.co.uk

Criminal justice commission may not report until 2022 – Law Society’s Gazette

Posted July 16th, 2020 in criminal justice, inquiries, news, reports by sally

‘A Royal Commission announced in the Queen’s speech at the start of the year to review and improve efficiency in the criminal justice system will not start work until the autumn and may not report until 2022, it has emerged.’

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Law Society's Gazette, 16th July 2020

Source: www.lawgazette.co.uk

Lack of transparency undermining Westminster standards system, parliament’s sleaze watchdog warns – The Independent

Posted July 16th, 2020 in complaints, inquiries, news, parliament, standards by sally

‘Parliament’s sleaze watchdog has warned that a lack of openness is undermining the Westminster standards system, as she appealed for a new right to name MPs who are under investigation.’

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The Independent, 15th July 2020

Source: www.independent.co.uk

‘Sex attack ‘predator’ broke into Radcliffe homes at night’ – BBC News

Posted July 16th, 2020 in news, rape, sentencing, sexual offences, trespass by sally

‘A “sexual predator” who targeted women and girls in their own homes at night has been jailed for 15 years.’

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BBC News, 15th July 2020

Source: www.bbc.co.uk

Asylum seeker at centre of landmark case over UK’s ‘unfair’ fast-track system – The Guardian

Posted July 16th, 2020 in asylum, deportation, news, rape by sally

‘An asylum seeker who was deported under a “procedurally unfair” fast-track system is at the centre of a new battle with the Home Office to stay in the UK, in a case which could have repercussions for thousands of people whose applications to stay in Britain were rejected.’

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The Guardian, 15th July 2020

Source: www.theguardian.com

Police officer had sex with domestic violence victims while on duty, watchdog finds – The Independent

Posted July 16th, 2020 in complaints, domestic violence, news, police, victims by sally

‘A police officer had sex with two domestic violence victims while on duty and used the force’s computer systems to track down two other women and send them texts of a sexual nature, the police watchdog has found.’

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The Independent, 15th July 2020

Source: www.independent.co.uk

IOPC to probe Suffolk Police after black couple quizzed – BBC News

Posted July 16th, 2020 in complaints, minorities, news, police, stop and search by sally

‘A complaint against police officers who accused a black woman of “jumping on the bandwagon” is to be probed by a watchdog.’

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BBC News, 16th July 2020

Source: www.bbc.co.uk

Police and CPS scrap digital data extraction forms for rape cases – The Guardian

Posted July 16th, 2020 in consent, Crown Prosecution Service, disclosure, news, police, privacy, rape by sally

‘The CPS and police have been forced to scrap controversial “digital strip searches” of rape complainants, following a legal threat from two survivors of sexual abuse and sustained campaigning from privacy and human rights groups.’

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The Guardian, 16th July 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 15th, 2020 in legislation by sally

The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2020

The Value Added Tax (Reduced Rate) (Hospitality and Tourism) (Coronavirus) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 15th, 2020 in law reports by sally

Supreme Court

Sevilleja v Marex Financial Ltd [2020] UKSC 31 (15 July 2020)

Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 (15 July 2020)

Court of Appeal (Civil Division)

Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907 (14 July 2020)

High Court (Chancery Division)

Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch) (14 July 2020)

Zumax Nigeria Ltd v First City Monument Bank Plc [2020] EWHC 1852 (Ch) (14 July 2020)

Stephenson Harwood LLP v Medien Patentverwaltung AG & Ors [2020] EWHC 1889 (Ch) (14 July 2020)

Source: www.bailii.org

Claimant with Down Syndrome secures permission for judicial review of charging policy of county council – Local Government Lawyer

‘A 24-year-old woman with Down Syndrome has been granted permission for a judicial review challenge of Norfolk County Council’s policy of charging people for essential care and support.’

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Local Government Lawyer, 14th July 2020

Source: www.localgovernmentlawyer.co.uk

Inability to find a QC “not good reason” for arbitration no-show – Litigation Futures

Posted July 15th, 2020 in arbitration, barristers, legal representation, news, queen's counsel by sally

‘A High Court judge has said there was no reason “at all” why a defendant in a €20m arbitration had to use the Bar and being unable to find counsel at short notice was not a good reason not to participate in the hearing.’

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Litigation Futures, 15th July 2020

Source: www.litigationfutures.com

Top GC defends in-house lawyers’ approach to ethics – Legal Futures

Posted July 15th, 2020 in coronavirus, legal aid, legal profession, legal services, news, regulations by sally

‘A leading general counsel has attacked the assumption that in-house lawyers “leave their morals at the door” when they join their companies.’

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Legal Futures, 15th July 2020

Source: www.legalfutures.co.uk

Guidance for litigants in person on remote hearings in the Family Court – Resolution

‘With the advent of the global pandemic hearings in the Family Court are increasingly being held remotely by telephone or on video conferencing software. This guide is designed to help you through the process and includes helpful information on how to prepare for the hearing, how to join a hearing and what to do during the hearing.’

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Resolution, 14th July 2020

Source: https://resolution.org.uk/

Detention of a minor for his own protection – UK Human Rights Blog

‘The High Court recently dismissed a claim of incompatibility with Article 5 ECHR arising from a detention of a minor for his own protection in the case of Archer v Commissioner of Police of the Metropolis [2020] EWHC 1567 (QB).’

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UK Human Rights Blog, 14th July 2020

Source: ukhumanrightsblog.com

Discrimination and ‘No DSS’ – Nearly Legal

‘As we have seen before, Shelter have been supporting discrimination claims under the Equality Act 2010 against letting agents who operate a ‘No DSS’ policy (meaning a refusal to even consider people claiming housing related benefits – who are often employed – as applicants for tenancies. The DSS ceased to exist in 2001, which suggests how longstanding this issue is). These claims all settled out of court. Now a claim has gone to judgment.’

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Nearly Legal, 14th July 2020

Source: nearlylegal.co.uk

‘Paedophile hunters’ do not violate right to privacy, Supreme Court rules as convict’s appeal dismissed – The Independent

Posted July 15th, 2020 in appeals, child abuse, deceit, internet, news, privacy, sexual offences, Supreme Court by sally

‘”Paedophile hunters” do not violate the right to privacy, the Supreme Court has ruled while dismissing a convict’s appeal.
Mark Sutherland was convicted after communicating with a member of an activist group, who he believed to be a 13-year-old boy. He appealed his conviction, arguing that his right to a private life and correspondence, enshrined in Article 8 of the European Convention on Human Rights. Delivering the Supreme Court’s ruling on Wednesday, Lord Sales said the appeal had been “unanimously dismissed”.’

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The Independent, 15th July 2020

Source: www.independent.co.uk

EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, lawyer warns – The Independent

‘EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, despite having permission to stay, a leading lawyer has warned.’

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The Independent, 14th July 2020

Source: www.independent.co.uk

UK accounting firms criticised by watchdog for ‘unacceptable’ work – The Guardian

Posted July 15th, 2020 in accountants, auditors, news, ombudsmen, standards by sally

‘The accounting watchdog has hit out at the UK’s largest auditors, after its annual inspection uncovered an “unacceptable” number of poorly executed company audits.’

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The Guardian, 14th July 2020

Source: www.theguardian.com