EP 116: IICSA Update and Abuse within Minority Religions – Richard Scorer – Law Pod UK

Posted June 17th, 2020 in child abuse, children, news, podcasts, sexual offences by sally

‘In Episode 116 Emma-Louise Fenelon speaks to Richard Scorer, Head of Abuse at Slater and Gordon, about progress of the Independent Inquiry into Child Sexual Abuse and in particular the investigation into abuse within minority religions. The episode also examines the impact virtual hearings has had on evidence to date.’

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Law Pod UK, 16th June 2020

Source: audioboom.com

‘Unrealistic’ appeals system fails prisoners who have been victims of abuse – report – The Guardian

‘One month window to challenge convictions in England and Wales means women who have experienced trauma are unfairly criminalised, campaigners say.’

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The Guardian, 17th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 17th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Crowther v Crowther & Ors [2020] EWCA Civ 762 (16 June 2020)

S (Vulnerable Parent: Intermediary) [2020] EWCA Civ 763 (16 June 2020)

Bridgehouse (Bradford No. 2) Ltd v BAE Systems Plc [2020] EWCA Civ 759 (16 June 2020)

High Court (Chancery Division)

Colt Technology Services v SG Global Group SRL [2020] EWHC 1555 (Ch) (16 June 2020)

A Company (Application To Restrain Advertisement) [2020] EWHC 1551 (Ch) (16 June 2020)

High Court (Queen’s Bench Division)

Chaplin v Ben Pistol Allianz Insurance Plc [2020] EWHC 1543 (QB) (16 June 2020)

Source: www.bailii.org

Large chambers “should give space to smaller ones” – Legal Futures

Posted June 17th, 2020 in barristers, coronavirus, inns of court, landlord & tenant, news, rent by sally

‘Large chambers should be prepared to look after smaller sets “chased out” by their landlords by sharing premises and clerks, a senior criminal law barrister has said.’

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Legal Futures, 17th June 2020

Source: www.legalfutures.co.uk

‘Rough sex’ defence will be banned, says justice minister – BBC News

‘The so-called “rough sex gone wrong” defence will be outlawed in new domestic abuse legislation, a justice minister has told MPs.’

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BBC News, 16th June 2020

Source: www.bbc.co.uk

Public prosecutor faces legal action over Cummings’ Durham trip – The Guardian

‘A judicial review is being sought over the failure of the director of public prosecutions, Max Hill, to investigate Dominic Cummings for alleged breaches of the coronavirus lockdown rules.’

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The Guardian, 16th June 2020

Source: www.theguardian.com

Should I claim or should I wait? – Falcon Chambers

Posted June 16th, 2020 in coronavirus, enfranchisement, leases, mortgages, news, sale of land by sally

‘Since the property market coronavirus restrictions were lifted on 13 May 2020, there has been a reported rush to buy and sell houses and flats. Where property is leasehold, the sale of the lease is often the trigger which leads to a claim being made for either a new lease or the freehold under the Leasehold Reform Acts. The purchaser will always be concerned to see exactly what term is being acquired. A lessee of a flat wishing to buy a new lease must have owned the lease for two years before serving a notice (s. 39(2)(a) of the Leasehold Reform, Housing and Urban Development Act 1993). The same ownership period applies to a claim to acquire the freehold of a house (s. 1(1)(b) of the Leasehold Reform Act 1967).’

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Falcon Chambers, June 2020

Source: www.falcon-chambers.com

South Shields Football Club 1888 Limited v The Football Association Limited – Blackstone Chambers

‘A legal challenge to The FA’s decision to end the 2019/20 football season in Steps 3-7 of the English football National League System without promotion or relegation on account of the COVID-19 pandemic has been dismissed. The arbitral panel, chaired by Lord Dyson with Charles Flint QC and Andrew Green QC, rejected the challenge brought by South Shields FC, a club sitting in an automatic promotion position at the point of cessation of the season.’

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Blackstone Chambers, 11th June 2020

Source: www.blackstonechambers.com

Triaging Coronavirus treatment – (3) the Guidance and discrimination – Cloisters

As part of our series considering the human rights and equality implications of Covid-19, Catherine Casserley and Declan O’Dempsey consider BMA Guidance on the use of characteristics of age and disability in medical triage in the light of discrimination law. This article considers the impact of discrimination law on the guidance.

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Cloisters, 9th June 2020

Source: www.cloisters.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Relief from sanctions overturned for “egregious” conduct – Litigation Futures

‘A High Court judge has overturned relief from sanctions granted to a claimant in a medical negligence case, partly because of her solicitor’s “egregious” conduct.’

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Litigation Futures, 15th June 2020

Source: www.litigationfutures.com

Boundaries to registered leasehold property: the High Court reminds conveyancers why it is important to read the small print in HCP (Hendon) Ltd) v Chief Land Registrar – Landmark Chambers

Posted June 16th, 2020 in interpretation, judicial review, land registration, leases, news by sally

‘This case tested the extent to which information contained on the face of the property register to registered leasehold estates can be relied on. It is the first time the High Court has specifically ruled on the question of whether the title plan and the floor level note on the property register are conclusive and can be relied on in isolation from the underlying lease, for the purpose of ascertaining the vertical general boundaries. The judgment confirms that the Land Registration Act 2002 does not modify the long-established principle that the general boundaries are determined by construing the lease itself. To that end, the lease is effectively incorporated into the register of title by reference and by HM Land Registry keeping a copy, so the description of the registered estate on the face of the property register does not stand in isolation and must be read in conjunction with the registered lease.’

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Landmark Chambers, 1st June 2020

Source: www.landmarkchambers.co.uk

Coronavirus and police drone use – Law Society’s Gazette

Posted June 16th, 2020 in aircraft, coronavirus, data protection, evidence, news, police, video recordings by sally

‘The police have an important role to play at the time of a pandemic when social distancing and self-isolation are so important. However, any action they take must be proportionate, transparent and, above all, lawful. Anything else will erode public confidence in the police and make their job more difficult.’

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Law Society, 15th June 2020

Source: www.lawgazette.co.uk

Re C – appeal about a hybrid hearing – Transparency Project

‘The issue was that the case required a resumption of a finding of fact hearing and that the leading barrister for the children’s mother was “shielding” so could not attend court in person with her client. The mother appealed a decision in the High Court by Mr Justice Williams that the hearing go ahead in June as a “hybrid” hearing i.e. with some parties and lawyers in the court room and others online.’

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Transparency Project, 12th June 2020

Source: www.transparencyproject.org.uk

Fight for Grenfell inquiry to look at racial stereotyping goes on – The Guardian

Posted June 16th, 2020 in equality, fire, health & safety, inquiries, minorities, news by sally

‘Campaigners believe bias and inequality were factors in high number of BAME deaths in fire.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Nyasha Weinberg and Claudia Pagliari: Covid-19 reveals the need to review the transparency and independence of scientific advice – UK Constitutional Law Association

Posted June 16th, 2020 in coronavirus, health, ministers' powers and duties, news by sally

‘The tragedy of Covid-19 demonstrates the profound, life-saving, importance of good advice. It is essential that the governance system enables the best possible provision of scientific advice, a mechanism for correcting sub-optimal advice, and clarity around the difference between scientific advice and political decision making.’

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UK Constitutional Law Association, 16th June 2020

Source: ukconstitutionallaw.org

Negligent advice warning over coronavirus jobs scheme – Legal Futures

Posted June 16th, 2020 in coronavirus, law firms, negligence, news, remuneration by sally

‘Lawyers and others who advised clients on the Coronavirus Job Retention Scheme (CJRS) are at risk of claims as the government looks to claw back payments to which recipients were not entitled, a professional negligence specialist has warned.’

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Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

Nazir Afzal joins legal fight for new inquiry into Dominic Cummings – The Guardian

‘Nazir Afzal, a former regional chief prosecutor, has joined a legal campaign for a new investigation into Dominic Cummings over alleged breaches of the coronavirus lockdown rules.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Removal of life support was in patient’s best interests and respected his autonomy – UK Human Rights Blog

‘This sensitive and compassionate judgment by Hayden J following a remote hearing of the Court of Protection is therefore worth our attention, as we all become more aware of how acutely things slip out of our control, not least of all our health.’

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UK Human Rights Blog, 12th June 2020

Source: ukhumanrightsblog.com

Input tax recovery of theatre production costs: HMRC v Royal Opera House Covent Garden Foundation [2020] UKUT 132 (TCC) – Monckton Chambers

Posted June 16th, 2020 in news, theatre, VAT by sally

‘Supplies of theatre and museum tickets fall within the ‘cultural exemption’ under Schedule 9 of the VAT Act 1994. However, the business model of many cultural venues does not rely solely on income from ticket sales. As well as funds from public grants and endowments, many venues also make taxable supplies of food and drink at on-site bars and restaurants, or sell other merchandise too. On the input side, venues will have paid VAT on the costs of staging productions or putting on exhibitions. The present appeal concerned whether the Royal Opera House’s production costs fell to be attributed solely to its exempt sales of tickets and taxable sales of programmes, or alternatively to a wider range of taxable supplies, principally its bar and restaurant offerings.’

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Monckton Chambers, June 2020

Source: www.monckton.com