Universal credit rules irrational and unlawful, judge says – The Guardian

‘Four single mothers have secured a victory over the government after the appeal court ruled that rigid universal credit payment rules that leave tens of thousands of working benefit claimants out of pocket were irrational and unlawful.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

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Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

Lawsuit alleges defeat devices in Nissan petrol cars – BBC News

Posted June 23rd, 2020 in news, pollution, road traffic by sally

‘Up to 1.4 million Renault and Nissan vehicles sold in Britain could be equipped with illegal defeat devices, according to a lawsuit being launched today.’

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BBC News, 23rd June 2020

Source: www.bbc.co.uk

Windrush lawyer Jacqueline McKenzie: ‘The Home Office is treating people with contempt’ – The Guardian

Posted June 23rd, 2020 in citizenship, colonies, deportation, immigration, news, racism, solicitors by sally

‘The lawyer representing 200 victims of the Windrush scandal says systemic racism is at the root of the problem.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

‘Against natural justice’: father to sue exams regulator over A-level grades system – The Guardian

‘Fears Ofqual’s Covid-19 method of adjusting marks in line with a school’s prior performance will penalise bright pupils.’

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The Guardian, 20th June 2020

Source: www.theguardian.com

Suspension suffices for doctor’s online sexual misconduct – UK Human Rights Blog

‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’

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UK Human Rights Blog, 19th June 2020

Source: ukhumanrightsblog.com

News About Special Guardianship Orders – Transparency Project

‘Two documents about special guardianship were published in mid June: A Public Law Working Group/Family Justice Council report and a Nuffield Family Justice Observatory research briefing on special guardianship orders (SGOs). The President of the Family Division has described practice guidance contained in the report as comprehensive and authoritative and has published this with his complete endorsement. He says on the Judiciary website that the guidance should now be applied and used in every case where a SGO is an option.’

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Transparency Project, 21st June 2020

Source: www.transparencyproject.org.uk

Practice – Injunctions pending Appeal Evalve Inc v Edwards Lifesciences Ltd – NIPC Law

Posted June 22nd, 2020 in appeals, injunctions, intellectual property, news, patents by sally

‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’

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NIPC Law, 20th June 2020

Source: nipclaw.blogspot.com

‘I feel targeted’: Windrush victim decries compensation delays as racism – The Guardian

‘Anthony Williams arrived in Birmingham from Jamaica aged seven in 1971, and went to primary and secondary school before joining the army and serving with the Royal Artillery for 13 years. Later, he had a successful second career as a fitness instructor until 2013, when he found himself classified as an illegal immigrant and sacked from his job.’

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The Guardian, 21st June 2020

Source: www.theguardian.com

SRA to launch project on BAME student underachievement – Legal Futures

‘The Solicitors Regulation Authority (SRA) is set to begin a multi-year project to increase understanding of why Black, Asian and minority ethnic (BAME) students perform worse than white students.’

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Legal Futures, 19th June 2020

Source: www.legalfutures.co.uk

Barrow rape claims trial faces long delay due to coronavirus backlog – The Guardian

‘A 19-year-old woman from Barrow accused of making up allegations of sexual exploitation against five men may not stand trial until August 2021 because of legal delays caused by the coronavirus pandemic.’

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The Guardian, 19th June 2020

Source: www.theguardian.com

Your chambers aren’t colour blind, top QC tells barristers – Legal Futures

‘Barristers who believe their chambers are “colour-blind” and treat everyone the same “have a problem” and need to change their mindset, a high-profile black QC has said.’

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Legal Futures, 22nd June 2020

Source: www.legalfutures.co.uk

Death of baby in Cheshire prison prompts investigation – The Guardian

Posted June 22nd, 2020 in birth, death in custody, news, pregnancy, prisons by sally

‘The prison service has launched an investigation following the death of a baby in prison, the Guardian has learned.’

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The Guardian, 19th June 2020

Source: www.theguardian.com

Claimant loses all costs after assessment misconduct – Litigation Futures

Posted June 22nd, 2020 in civil procedure rules, costs, fees, law firms, news, sanctions, solicitors by sally

‘A claimant has lost all of his remaining entitlement to costs because of misconduct during the assessment process.’

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Litigation Futures, 19th June 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 22nd, 2020 in legislation by sally

The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2020

The Online Intermediation Services for Business Users (Enforcement) Regulations 2020

The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (No. 2) (Coronavirus) Regulations 2020

The General Chiropractic Council (Coronavirus) (Amendment) Rules Order of Council 2020

Source: www.legislation.gov.uk

Military mettle – Law Society’s Gazette

Posted June 22nd, 2020 in armed forces, coronavirus, legal profession, legal services, news by sally

‘ “Warfare no longer looks like a tank driving over a battlefield,” says the head of Army Legal Services. These days lawyers are on the frontline – in every sense.’

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Law Society's Gazette, 22nd June 2020

Source: www.lawgazette.co.uk

Pain-inducing restraint in child custody must be exception – MoJ review – The Guardian

‘Pain-inducing restraint techniques should only be used on children in custody as an “absolute exception” to save life or prevent serious harm, a long-awaited review has concluded, though it has stopped short of calling for an outright ban.’

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The Guardian, 19th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 22nd, 2020 in law reports by sally

High Court (Chancery Division)

Advinia Care Homes Ltd v (1) BUPA Care Homes Investments (Holdings) Ltd & Ors [2020] EWHC 1563 (Ch) (19 June 2020)

Various Claimants v News Group Newspapers Ltd [2020] EWHC 1593 (Ch) (19 June 2020)

Univar UK Ltd v Smith & Ors [2020] EWHC 1596 (Ch) (19 June 2020)

High Court (Commercial Court)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v Spain (M/T “PRESTIGE”) [2020] EWHC 1582 (Comm) (18 June 2020)

High Court (Family Division)

Collen v Collen [2020] EWHC 1577 (Fam) (19 June 2020)

High Court (Queen’s Bench Division)

Winder v Director of Public Prosecutions [2020] EWHC 1600 (QB) (19 June 2020)

Balengani v Sharifpoor [2020] EWHC 1571 (QB) (19 June 2020)

Mercia Enterprises Ltd v Mistry [2020] EWHC 1597 (QB) (19 June 2020)

Source: www.bailii.org

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

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Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Virtual hearings with physical jury hubs hailed a success – Law Society’s Gazette

Posted June 19th, 2020 in coronavirus, courts, juries, news, remote hearings, trials by sally

‘Virtual trials with physical jury hubs could be an effective way of clearing the significant Crown court backlog caused by Covid-19, academics evaluating the latest experiment from a legal thinktank have said.’

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Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk