news – Page 894 – Current Awareness

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

Third of barristers see cuts and changes to legal aid as “critical challenge”, LexisNexis report finds – Local Government Lawyer

Posted January 21st, 2020 in barristers, budgets, legal aid, news by sally

‘Family and criminal barristers handling publicly funded work consider the cuts and changes to legal aid as a major concern, a report by LexisNexis UK has revealed.’

Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Gunman jailed after shooting at police in Gloucester – BBC News

Posted January 21st, 2020 in firearms, news, offensive weapons, sentencing by sally

‘A man with an “Aladdin’s cave of weapons” in his home shot at police through his letterbox and threatened to “blow their brains out”, a court heard.’

BBC News, 20th January

Source: www.bbc.co.uk

Eating disorders: 12 deaths in seven years led to coroner warnings – The Guardian

Posted January 21st, 2020 in coroners, hospitals, mental health, news, suicide, young persons by sally

‘At least 12 highly vulnerable people with eating disorders have died over the last seven years after failings in care that were so severe that coroners in England and Wales issued legal warnings to hospitals to try to prevent further deaths.’

The Guardian, 19th January 2020

Source: www.theguardian.com

Sibling relationships in the care system – Transparency Project

Posted January 21st, 2020 in care orders, children, families, news by sally

‘A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.’

Transparency Project, 19th January 2020

Source: www.transparencyproject.org.uk

Children in solitary confinement for 23 hours a day, says report – The Guardian

Posted January 21st, 2020 in children, imprisonment, mental health, news, reports, young offenders by sally

‘Children are being held in “harmful” solitary confinement in prison with some let out of their cells for just 15 minutes a day, a damning report from jail inspectors said.’

The Guardian, 21st January 2020

Source: www.theguardian.com

Part 36 offers made exclusive of interest not valid, Court of Appeal rules – Local Government Lawyer

Posted January 21st, 2020 in civil procedure rules, costs, interest, news, part 36 offers by sally

‘It is not possible to make a valid Part 36 offer exclusive of interest either generally or in the context of detailed assessment proceedings, the Court of Appeal has ruled in a case involving a local authority.’

Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

High Court rejects judges’ complaints about online divorce service – Legal Futures

Posted January 21st, 2020 in conflict of interest, divorce, drafting, electronic filing, news by sally

‘A senior High Court judge has granted declarations making it clear that an online service has not broken conflict of interest rules or the Legal Services Act by helping divorcing couples draft their own documents and not use lawyers.’

Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Fake lawyer who represented clients in High Court faces jail time – Daily Telegraph

Posted January 21st, 2020 in legal representation, news, prosecutions, solicitors, Solicitors Regulation Authority by sally

‘A man who pretended to be a qualified and experienced solicitor as he represented clients at the High Court is facing a possible jail sentence.’

Daily Telegraph, 20th January 2020

Source: www.telegraph.co.uk

Stalking: New order for stalker investigations has ‘teeth’ – BBC News

Posted January 20th, 2020 in criminal justice, harassment, murder, news, police, stalking, victims by sally

‘A court order to stop suspected stalkers under police investigation contacting victims could have made a “critical difference” to a woman killed by her ex-boyfriend, her father says.’

BBC News, 19th January 2020

Source: www.bbc.co.uk

Jack Simson Caird: The European Union (Withdrawal Agreement) Bill and the Rule of Law – UK Constitutional Law Association

Posted January 20th, 2020 in bills, brexit, constitutional law, courts, EC law, news, parliament, rule of law by sally

‘The general election on 12 December 2019 has fundamentally changed the political dynamic driving the Brexit process. The European Union (Withdrawal Agreement) Bill (WAB), which will become law before 31 January 2020, has been substantially revised (from the version which was presented in October 2019) to reflect this Government’s approach to Brexit. The Bingham Centre for the Rule of Law has published a report that looks in depth at some of the main Rule of Law issues in the WAB. This version of the WAB indicates that this Government will take a different approach from the previous one in terms of dealing with some of the key constitutional issues arising from Brexit. This post examines some of the Rule of Law implications of the main constitutional issues in the WAB.’

UK Constitutional Law Association, 16th January 2020

Source: ukconstitutionallaw.org

MPs call for unlimited fines for those who breach electoral law – The Guardian

Posted January 20th, 2020 in budgets, elections, fines, inquiries, internet, news, parliament, political parties by sally

‘Political organisations would face unlimited fines for breaking electoral law under new proposals to protect UK elections and referendums from “dirty money and dodgy data misuse”.’

The Guardian, 18th January 2020

Source: www.theguardian.com

No shift in demographics as 114 new QCs are named – Litigation Futures

Posted January 20th, 2020 in barristers, diversity, equality, news, queen's counsel, women by sally

‘Some 114 new QCs were appointed yesterday, with the statistics showing little change in the demographics of the 258 who applied, of whom just a fifth were women.’

Litigation Futures, 17th January 2020

Source: www.litigationfutures.com

Immigration and Article 8: what did we learn in 2019? – UK Human Rights Blog

Posted January 20th, 2020 in appeals, deportation, families, human rights, immigration, news, privacy, proportionality by sally

‘As in previous years, the courts in 2019 were particularly concerned with Theresa May’s attempts as Home Secretary to codify the Article 8 proportionality exercise into legislation. Those changes have had a significant impact on the approach of tribunals to appeals against deportation and removal on grounds of private and family life. Judges now have to apply a series of prescribed tests under the immigration rules, before going on to consider whether there are exceptional circumstances requiring a grant of leave.’

UK Human Rights Blog, 17th January 2020

Source: ukhumanrightsblog.com

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

Ombudsman reminds councils of their foster carer school transport duties – Local Government Lawyer

Posted January 20th, 2020 in children, fostering, local government, news, ombudsmen, school children, statutory duty, transport by sally

‘Councils across England are being reminded about the financial support they must provide to foster carers’ school transport expenses following an investigation by the Local Government and Social Care Ombudsman into Wolverhampton council.’

Local Government Lawyer, 17th January 2020

Source: www.localgovernmentlawyer.co.uk

When to disapply subordinate legislation – Law Society’s Gazette

Posted January 20th, 2020 in appeals, benefits, housing, human rights, legislation, local government, news, rent, Supreme Court by sally

‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’

Law Society's Gazette, January 2020

Source: www.lawgazette.co.uk

Trainee solicitor jailed after rape convictions – Legal Futures

Posted January 20th, 2020 in imprisonment, news, rape, sentencing, sexual offences, solicitors by sally

A trainee solicitor who admitted multiple offences, including rape, committed in quick succession against two women in July 2019 was jailed last week for 14 years.

Legal Futures, 20th January 2020

Source: www.legalfutures.co.uk

Proportion of UK prisoners with drug problem doubles in five years – study – The Guardian

Posted January 20th, 2020 in drug abuse, Ministry of Justice, news, prisons, statistics by sally

‘The proportion of prisoners developing a drug problem in custody has more than doubled in the past five years, research suggests.’

The Guardian, 20th January 2020

Source: www.theguardian.com

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