Children’s Commissioner for England calls for revocation of “unnecessary” regulations relaxing children’s social care protections – Local Government Lawyer

‘The Children’s Commissioner for England, Anne Longfield, has sharply criticised the government’s relaxation of regulations relating to children’s social care, saying she does not believe that they are necessary except in one limited case.’

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Local Government Lawyer, 1st May 2020

Source: www.localgovernmentlawyer.co.uk

Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case – BBC News

‘The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Coronavirus: Courts must resume to deal with ‘backlog of cases’ – BBC News

‘Victims are being left in “distressing limbo” due to a growing backlog of cases during the coronavirus pandemic, a top Cardiff barrister has warned.’

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BBC News, 3rd May 2020

Source: www.bbc.co.uk

Women launch legal action to stop military courts trying UK rape cases – The Guardian

‘Three women serving in the armed forces have begun legal action aimed at preventing the military courts from trying UK rape cases, complaining that the conviction rate is five to six times lower than in civilian courts.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Furloughed from work? It pays to know your rights – The Guardian

Posted May 4th, 2020 in company law, coronavirus, emergency powers, employment, news, remuneration by sally

‘The rules of the government’s job retention scheme are complex. We put your questions to an employment specialist to cut through the confusion.’

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The Guardian, 3rd May 2020

Source: www.theguardian.com

Arrested children may be given legal advice automatically – Legal Futures

‘The government is considering whether children in police stations should have to opt out of receiving legal advice, rather than opt in as now, it has emerged.’

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Legal Futures, 4th May 2020

Source: www.legalfutures.co.uk

Make bedside oral wills legal during pandemic, UK campaigners urge – The Guardian

‘Oral wills should be made legal during the coronavirus pandemic in the same way that they are permitted in times of war, say campaigners.’

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The Guardian, 2nd May 2020

Source: www.theguardian.com

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020, and a little bit of history. – Transparency Project

‘The regulations make changes to the duties that local authorities have with regards to safeguarding children. These are temporary changes and the regulations give a date in September 2020 for them to lapse. This date can be extended, reviewed or simply removed. They were simply made by virtue of the Coronavirus Act 2020. Parliament did not need to approve them first.’

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Transparency Project, 3rd May 2020

Source: www.transparencyproject.org.uk

High Court judge sends copy of ruling to ministers to express concern over “nationwide problem” of lack of capacity for secure care – Local Government Lawyer

‘A High Court judge has sent ministers a copy of a ruling in which he expressed concern at a “nationwide problem” of the very limited capacity in the children’s social care system for young people with complex needs who need secure care.’

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Local Government Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

LSB to check random sample of disciplinary decisions – Legal Futures

‘The Legal Services Board (LSB) is planning to review a “random sample” of regulators’ disciplinary decisions to ensure the right processes and procedures are in place.’

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Legal Futures, 4th May 2020

Source: www.legalfutures.co.uk

Financial watchdog asks courts to clarify coronavirus business insurance – The Guardian

‘Britain’s financial watchdog is urgently seeking clarity from the courts over the insurance rights of companies whose business has been disrupted by the Covid-19 pandemic.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 4th, 2020 in legislation by sally

The Competition Act 1998 (Dairy Produce) (Coronavirus) (Public Policy Exclusion) Order 2020

The Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) (Coronavirus) (Amendment) (England) Regulations 2020

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 14) Order 2020

Source: www.legislation.gov.uk

Errol Graham death: Judicial review move over DWP policy – BBC News

‘The family of a mentally ill man who starved to death after his benefits were cut have applied for a judicial review of government policy.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 4th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd [2020] EWCA Civ 578 (01 May 2020)

Court of Appeal (Criminal Division)

Park (Deceased) v R. [2020] EWCA Crim 589 (01 May 2020)

High Court (Administrative Court)

Halabi, R (On the Application Of) v The Crown Court At Southwark [2020] EWHC 1053 (Admin) (01 May 2020)

High Court (Chancery Division)

Berkeley Square Holdings & Ors v Lancer Property Asset Management Ltd & Ors [2020] EWHC 1015 (Ch) (01 May 2020)

Duchess of Sussex v Associated Newspapers Ltd (Rev 1) [2020] EWHC 1058 (Ch) (01 May 2020)

De Sena & Anor v Notaro & Ors [2020] EWHC 1031 (Ch) (01 May 2020)

Bowack & Anor v Saxton [2020] EWHC 1049 (Ch) (01 May 2020)

Kilimanjaro AM Ltd v Mann Made Corporate Services (UK) Ltd & Ors [2020] EWHC 1056 (Ch) (01 May 2020)

Broomhead v National Westminster Bank Plc & Anor [2020] EWHC 1005 (Ch) (01 May 2020)

Evans v Eurokey Properties Ltd & Anor [2020] EWHC 1047 (Ch) (01 May 2020)

Amos v Mancini & Ors [2020] EWHC 1063 (Ch) (30 April 2020)

High Court (Queen’s Bench Division)

Morgan & Anor v Egan [2020] EWHC 1025 (QB) (01 May 2020)

Argus Media Ltd v Halim [2020] EWHC 1062 (QB) (01 May 2020)

Hanson v Associated Newspapers Ltd [2020] EWHC 1048 (QB) (01 May 2020)

High Court (Technology and Construction Court)

Broseley London Ltd v Prime Asset Management Ltd [2020] EWHC 1057 (TCC) (01 May 2020)

Source: www.bailii.org

UK government faces legal challenge to lockdown from businessman – The Guardian

‘The government is facing a challenge to the legality of the coronavirus lockdown by a wealthy businessman who fears it will kill more people than it saves.’

Full Story

The Guardian, 1st May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 1st, 2020 in law reports by sally

Supreme Court

Palestine Solidarity & Anor, R (on the application of) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 (29 April 2020)

AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 (29 April 2020)

Source: www.bailii.org

Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer

‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Government legal move risks councils ‘downing tools’ on support for disabled children – Law Society’s Gazette

‘The Department for Education has taken two key steps to relieve councils of duties related to children with special educational needs (SEN) during the Covid-19 crisis.’

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Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk

Supreme Court rules against government on LGPS and ethical disinvestment – Local Government Lawyer

Posted May 1st, 2020 in appeals, local government, news, pensions, Supreme Court by sally

‘The Supreme Court has overturned ministerial guidance to the Local Government Pension Scheme (LGPS) that was intended to put a stop to certain types of ethical disinvestment.’

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Local Govdernment Lawyer, 29th April 2020

Source: www.localgovernmentlawyer.co.uk

New video technology to conduct remote criminal hearings – Law Society’s Gazette

‘New video equipment is being introduced to over 100 courts as the government increasingly turns to technology to conduct hearings remotely and keep the justice system running during the Covid-19 pandemic.’

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Law Society's Gazette, 1st May 2020

Source: www.lawgazette.co.uk