Altruistic cell donation: Court of Protection – UK Human Rights Blog

‘How to determine “best interests” in the case of an adult lacking capacity, where a proposed medical donation for the benefit of a close relative may cause lasting harm to the donor?’

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UK Human Rights Blog, 2nd July 202

Source: ukhumanrightsblog.com

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

Stop and search stats may thwart diversity push, UK police warned – The Guardian

‘Efforts to improve diversity among police officers are at risk of being thwarted by the disproportionate use of stop-and-search powers against black men, a senior policing watchdog has warned.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Figures reveal low level of negligence claims against barristers – Legal Futures

Posted July 3rd, 2020 in barristers, negligence, news, professional conduct, statistics by sally

‘The average barrister only makes one notification of a possible professional negligence claim every 20 years, figures from the Bar Mutual Indemnity Fund (BMIF) have revealed.’

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Legal Futures, 3rd July 2020

Source: www.legalfutures.co.uk

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

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Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

High court hears legal challenge to England’s lockdown restrictions – The Guardian

‘The government’s lockdown, which has closed schools, premises and companies while limiting free movement, is the “most sweeping and far-reaching” restriction on fundamental rights since the second world war, the high court has been told.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

New video platform to be rolled out across civil courts – Litigation Futures

‘The new video platform enabling more remote cases to be heard in the criminal courts will rolled out to the civil courts over the coming months, the Ministry of Justice confirmed yesterday.’

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Litigation Futures, 2nd July 2020

Source: www.litigationfutures.com

Drunken barrister reprimanded for threatening colleague – Legal Futures

‘A drunken barrister who threatened a fellow member of chambers in a bid to have them accede to a tenancy application has been reprimanded by a Bar disciplinary tribunal.’

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Legal Futures, 2nd July 2020

Source: www.legalfutures.co.uk

5 Things You Should Know About Local Lockdowns – Each Other

‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’

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Each Other, 3rd July 2020

Source: eachother.org.uk

Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian

Posted July 3rd, 2020 in appeals, China, colonies, foreign jurisdictions, Hong Kong, judiciary, news by sally

‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 2nd, 2020 in legislation by sally

The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020

The Secure Training Centre (Coronavirus) (Amendment) Rules 2020

The Traffic Management Act 2004 (Commencement No. 9) (England) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 2nd, 2020 in law reports by sally

Supreme Court

Hilton, R. v (Northern Ireland) [2020] UKSC 29 (1 July 2020)

Villiers v Villiers [2020] UKSC 30 (1 July 2020)

Court of Appeal (Civil Division)

Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824 (01 July 2020)

Rees & Anor v Windsor-Clive & Ors [2020] EWCA Civ 816 (01 July 2020)

High Court (Administrative Court)

Bishop v Public Service Ombudsman for Wales [2020] EWHC 1503 (Admin) (02 July 2020)

High Court (Chancery Division)

Gibbons & Anor v Smith & Ors [2020] EWHC 1727 (Ch) (01 July 2020)

The Financial Conduct Authority v Avacade Ltd & Ors [2020] EWHC 1673 (Ch) (30 June 2020)

High Court (Commercial Court)

Deutsche Bank AG London Branch v Receivers Appointed By the Court & Ors [2020] EWHC 1721 (Comm) (02 July 2020)

CH Offshore Ltd v Internaves Consorcio Naviero SA & Ors [2020] EWHC 1710 (Comm) (01 July 2020)

High Court (Queen’s Bench Division)

Ameyaw v McGoldrick & Ors [2020] EWHC 1741 (QB) (02 July 2020)

Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)

Source: www.bailii.org

Capacity to consent to chemotherapy? – UK Human Rights Law Blog

Posted July 2nd, 2020 in cancer, consent, Court of Protection, medical treatment, news by sally

‘University Hospital and Warwickshire NHS Trust v K and another [2020] EWCOP 31, This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals during Lockdown.

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UK Human Rights Law Blog, 1st July 2020

Source: ukhumanrightsblog.com

‘Blow’ for PPF as UK pension compensation cap ruled unlawful – OUT-LAW.com

Posted July 2nd, 2020 in age discrimination, compensation, news, pensions by sally

‘A statutory cap on compensation payable by the UK’s Pension Protection Fund (PPF) to those who have not yet reached pension age is unlawful discrimination on the grounds of age, the High Court has ruled.’

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OUT-LAW.com, 1st July 2020

Source: www.pinsentmasons.com

Covid 19: The impact of the crisis on competition law and tax issues in sport – Sports Law Bulletin from Blackstone Chambers

Posted July 2nd, 2020 in competition, coronavirus, news, sport, taxation by sally

‘Covid 19: The impact of the crisis on competition law and tax issues in sport.’

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Sports Law Bulletin from Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

Council persuades High Court judge to quash judgment in default in data breach claim after papers posted to empty office during lockdown – Local Government Lawyer

Posted July 2nd, 2020 in coronavirus, default judgments, news, postal service, service by sally

‘The High Court has quashed a judgment in default awarded against the London Borough of Tower Hamlets because pandemic restrictions had made it impossible to the council to receive the claim concerned.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge savages unnecessary witness statements – Litigation Futures

Posted July 2nd, 2020 in drafting, news, summary judgments, taxation, witnesses by sally

‘A High Court judge has roundly criticised witness statements prepared for an application for summary judgment in a major piece of tax litigation, saying far too much time and money was spent on them.’

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Litigation Futures, 1st July 2020

Source: www.litigationfutures.com

Top female lawyers’ careers squeezed by bias and harassment – Legal Futures

‘The role of discrimination on the part of both general counsel and clients in disadvantaging female lawyers was revealed yesterday by a survey on improving diversity at partner level in law firms.’

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Legal Futures, 1st July 2020

Source: www.legalfutures.co.uk

Major overhaul of family courts to protect domestic abuse victims – Family Law

Posted July 2nd, 2020 in domestic violence, family courts, news, victims by sally

‘The government has announced an overhaul of how the Family Court deals with domestic abuse to provide greater protection to survivors of domestic abuse.’

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Family Law, 1st July 2020

Source: www.familylaw.co.uk

Consultation on improving the procedure for the enforcement of family financial orders – Family Law

Posted July 2nd, 2020 in consultations, enforcement, family courts, financial provision, news by sally

‘The Family Procedure Rule Committee (FPRC) has announced a stakeholder consultation on making the general enforcement application procedure (for the enforcement of family financial orders) more effective. The consultation follows the Law Commission’s report in December 2016 on the enforcement of family financial orders.’

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Family Law, 1st July 2020

Source: www.familylaw.co.uk