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

Posted May 4th, 2020 in adoption, care orders, children, coronavirus, emergency powers, families, fostering, local government, news, social services, statutory interpretation by sally

‘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

Posted May 4th, 2020 in care orders, children, families, family courts, government departments, judges, local government, news by sally

‘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

Posted May 4th, 2020 in barristers, disciplinary procedures, law firms, legal profession, legal services, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘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

Posted May 4th, 2020 in company law, coronavirus, financial services ombudsman, insurance, news by sally

‘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

Posted May 4th, 2020 in benefits, bereavement, causing death of children or vulnerable adults, disabled persons, equality, government departments, human rights, inquests, judicial review, mental health, news by sally

‘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

Posted May 4th, 2020 in coronavirus, disclosure, emergency powers, enforcement, freedom of movement, government departments, human rights, judicial review, news, proportionality, ultra vires by sally

‘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.’

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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

Posted May 1st, 2020 in appeals, children, education, housing, jurisdiction, local government, news, school admissions, school children by sally

‘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

Posted May 1st, 2020 in children, coronavirus, disabled persons, easements, education, learning difficulties, local government, news, school children, social services, statutory duty by sally

‘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

Posted May 1st, 2020 in coronavirus, courts, criminal justice, live link evidence, Ministry of Justice, news, remote hearings, video recordings by sally

‘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

New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog

Posted May 1st, 2020 in appeals, deportation, government departments, HIV, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’

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UKSC Blog, 29th April 2020

Source: ukscblog.com

Indefinite retention of DNA profile, fingerprints and photographs of a convicted motorist contrary to article 8 – UK Police Law Blog

Posted May 1st, 2020 in data protection, DNA, fingerprints, forensic science, human rights, news, photography, privacy, Supreme Court by sally

‘The European Court of Human Rights court held in Gaughran v United Kingdom [2020] ECHR 144 that the police’s indefinite retention of DNA profile, fingerprints and photographs of person convicted of a minor offence without a possibility of review constituted an infringement of Article 8 ECHR (respect for private life). This is the latest in a number of cases where the ECtHR has disagreed with a decision of the Supreme Court and represents a further development of the meaning of “private life”.’

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UK Police Law Blog, 30th April 2020

Source: ukpolicelawblog.com

COVID-19 and Immigration Detention – UK Human Rights Blog

Posted May 1st, 2020 in coronavirus, detention, health, health & safety, immigration, news by sally

‘At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of individuals as part of a criminal sentence. There is a presumption against detention of immigrants and immigration detention, which can only be in accordance with one of the statutory powers (the majority of which are contained in the Immigration Act 1971 and the Immigration and Asylum Act 2002), and is allowed in the interests of maintaining effective immigration control, for example, to effect removal; to establish a person’s identity or the basis of their immigration claim; or where there is reason to believe that the person will fail to comply with any conditions attached to a grant of immigration bail.’

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UK Human Rights Blog, 30th April 2020

Source: ukhumanrightsblog.com

UK prison officers punching compliant inmates, report says – The Guardian

Posted May 1st, 2020 in human rights, Ministry of Justice, news, prison officers, prisons, professional conduct, violence by sally

‘Prison officers are allegedly punching compliant inmates who they suspect might misbehave in the future in a practice known as “preventive strikes”, a European human rights watchdog has said in a damning report on the state of jails in England.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

ASA upholds legal training company’s complaint about competitor – Legal Futures

Posted May 1st, 2020 in advertising, complaints, education, legal education, news, ombudsmen, solicitors, Solicitors Regulation Authority, universities by sally

‘A company that trains foreign lawyers to qualify as solicitors has successfully complained about a competitor that claimed to be the number one provider.’

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Legal Futures, 30th April 2020

Source: www.legalfutures.co.uk

High Court clarifies ‘bad faith’ trade mark rules – Law Society’s Gazette

Posted May 1st, 2020 in EC law, intellectual property, news, references to European Court, trade marks by sally

‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’

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Law Society's Gazette, 30th April 2020

Source: www.lawgazette.co.uk

‘Lady in the Lake’ murder: Gordon Park’s conviction upheld – BBC News

Posted May 1st, 2020 in appeals, Criminal Cases Review Commission, Crown Prosecution Service, disclosure, evidence, expert witnesses, families, murder, news, suicide by sally

‘Three senior judges have rejected a posthumous appeal against the conviction of Gordon Park, the so-called “Lady in the Lake” killer.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk