Prison sentences for fly-tippers as government announces new ‘waste police’ unit – Daily Telegraph

Posted January 16th, 2020 in environmental protection, hazardous substances, news, prosecutions, waste by sally

‘Fly-tippers will face prison, the environment secretary has said, as the government announces a new “waste police” unit.f

Full Story

Daily Telegraph, 15th January 2020

Source: www.telegraph.co.uk

Judges’ sentencing in high-profile court cases to be televised – The Guardian

Posted January 16th, 2020 in judgments, media, news, sentencing by sally

‘Judges sentencing convicted offenders in high-profile criminal cases in England and Wales, including murders, rapes and other serious offences, will be televised from later this year, the Ministry of Justice has said.’

Full Story

The Guardian, 16th January 2020

Source: www.theguardian.com

Lessons learned from account forfeiture proceedings (NCA v Vlad Luca Filat) – 5 SAH

Posted January 16th, 2020 in bribery, corruption, forfeiture, money laundering, news by sally

‘The Crown Court dismissed Vlad Luca Filat’s appeal against the decision to forfeit £500,000 held in three bank accounts in his name. The court held that the money derived from bribery and corruption offences committed by the appellant’s father, the former prime minister of Moldova, and was obtained by money laundering. The case was the National Crime Agency’s first contested account forfeiture application. James Fletcher, barrister at 5SAH Chambers, who appeared for the National Crime Agency, suggests that these types of applications are likely to be deployed more and more often.’

Full Story

5 SAH, 14th January 2020

Source: www.5sah.co.uk

Strike out decision sent back over judge’s ‘lack of adequate reasoning’ – Law Society’s Gazette

Posted January 16th, 2020 in employment tribunals, news, reasons, striking out by sally

‘An employment tribunal has been ordered to look again at whether a claim against a law firm should continue, after the judge’s initial decision was found to be inadequately explained.’

Full Story

Law Society's Gazette, 15th January 2020

Source: www.lawgazette.co.uk

Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers

Posted January 16th, 2020 in fraud, jurisdiction, misrepresentation, news, service out of jurisdiction by sally

‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’

Full Story

Hardwicke Chambers, 8th January 2020

Source: hardwicke.co.uk

Resident fails in High Court challenge to planning consent for sand and gravel extraction project – Local Government Lawyer

Posted January 16th, 2020 in environmental protection, judicial review, news, planning by sally

‘A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.’

Full Story

Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Wellbeing charity and universities launch online resource promoting mental wellbeing practices for legal professionals – Local Government Lawyer

Posted January 16th, 2020 in charities, internet, legal profession, mental health, news, universities by sally

‘Legal mental health and wellbeing charity LawCare and academics at the University of Sheffield and The Open University have launched a free, online resource for legal professionals in hopes of teaching better wellbeing practices in the sector.’

Full Story

Local Government Lawyer, 16th January 2020

Source: www.localgovernmentlawyer.co.uk

Solicitor duped by ‘fake’ wife fined for failing to check ID – Legal Futures

Posted January 16th, 2020 in disciplinary procedures, fines, identity fraud, loans, news, solicitors by sally

‘An experienced solicitor has been fined £20,000 for misconduct after being duped into accepting that a woman was who she said she was because he did not require documentary proof.’

Full Story

Legal Futures, 16th January 2020

Source: www.legalfutures.co.uk

Criminal records scandal: police chiefs blame Theresa May – The Guardian

Posted January 16th, 2020 in budgets, criminal records, deportation, government departments, news, police by sally

‘Theresa May has been blamed by chief constables for botched police reforms that led to tens of thousands of alerts on foreign criminals being kept from their home countries.’

Full Story

The Guardian, 15th January 2020

Source: www.theguardian.com

Adoption practices under review amid concerns prospective parents being wrongfully turned away – Daily Telegraph

Posted January 16th, 2020 in adoption, minorities, news, race discrimination by sally

‘Adoption practices are set to be reviewed amid concerns that prospective parents are wrongfully being turned away in the wake of a landmark discrimination case.’

Full Story

Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Unincorporated Associations have capacity to bring public law claims – Landmark Chambers

Posted January 16th, 2020 in judicial review, news, planning, unincorporated associations by sally

‘In a detailed judgment handed down today (14 January), Mrs Justice Lieven has ruled that, as a matter of principle, unincorporated associations have capacity to bring both judicial review proceedings and statutory challenges in their own name. Whilst in certain circumstances the addition or substitution of named individuals may be necessary for practical reasons such as security for costs, or where there is uncertainty about membership of the body, the inclusion of named individuals is not necessary for the validity of the claim.’

Full Story

Landmark Chambers, 14th January 2020

Source: www.landmarkchambers.co.uk

NHS maternity scandal: Inquiry into baby deaths now looking at 900 cases – Daily Telegraph

Posted January 16th, 2020 in birth, hospitals, inquiries, news, pregnancy by sally

‘The inquiry into Britain’s worst maternity scandal is now reviewing 900 cases, a health minister has confirmed.’

Full Story

Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

Judge under fire for telling violent abuser to take up running – Daily Telegraph

‘A judge has been criticised for telling a domestic violence offender to take up running to control his behaviour.’

Full Story

Daily Telegraph, 16th January 2020

Source: www.telegraph.co.uk

The role of CAFCASS in relation to non-subject children: A Case Study of A County Council v Children and Family Court Advisory and Support Service (Cafcass) [2019] EWHC 2369 (Fam) – Parklane Plowden

‘In a recent decision of the High Court, Mr Justice Keehan considered the extent to which, if at all, the Court has the power to appoint CAFCASS to undertake work with and advise non-subject, non-party children.’

Full Story

Parklane Plowden, 13th January 2020

Source: www.parklaneplowden.co.uk

BAME offenders ‘far more likely than others’ to be jailed for drug offences – The Guardian

Posted January 16th, 2020 in drug offences, minorities, news, sentencing by sally

‘Black and minority ethnic offenders are far more likely to be sent to prison for drug offences than other defendants, according to groundbreaking research commissioned by the Sentencing Council.’

Full Story

The Guardian, 15th January 2020

Source: www.theguardian.com

Reynhard Sinaga: Attorney general to review rapist’s’ sentence – BBC News

Posted January 16th, 2020 in appeals, attorney general, Crown Prosecution Service, news, rape, sentencing by sally

‘A man jailed for 136 rapes could have his sentence increased after his case was referred to the Attorney General.’

Full Story

BBC News, 15th January 2020

Source: www.bbc.co.uk

Case Law Update – ethical veganism protected as a philosophical belief under the Equality Act 2010 – Parklane Plowden

‘Last week the long-awaited decision in the case of Casamitjana v League Against Cruel Sports was finally handed down by Employment Judge Postle in Norwich Employment Tribunal. The case had been listed for a Preliminary Hearing to determine whether ethical veganism constitutes a protected belief under the Equality Act 2010. The Equality Act 2010 does not provide express protection for ethical vegans, albeit that veganism is a philosophy which falls within the ambit of Article 9 of the European Convention on Human Rights.’

Full Story

Parklane Plowden, 10th January 2020

Source: www.parklaneplowden.co.uk

Protection for a philosophical belief: why some beliefs but not others? – The 36 Group

‘Fergus McCombie employment law expert at 36 Commercial comments on recent tribunal decision.’

Full Story

The 36 Group, 9th January 2020

Source: 36group.co.uk

The President of the Family Division’s New Guidance on Reporting in the Family Courts (3rd October 2019) – Becket Chambers

‘Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds fast. However, things are not simply as they were before. Successive Presidents of the Family Division have now expressly addressed the subject in the form of three separate occasions. At the very least, it is clear that the dynamic is being given careful thought. Whilst the guidances do not amount to a tilting of the scales, they are nevertheless guidances specifically designed to address acts of reporting. When President of the Family Division, Sir James Munby issued two guidances on transparency and anonymisation. Sir Andrew McFarlane, the current President, has now (as of October 2018) issued further guidance specifically dealing with applications to lift and vary reporting restrictions.’

Full Story

Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Brexit: What You Need To Know On Unaccompanied Child Refugee Rights – Each Other

Posted January 15th, 2020 in asylum, bills, brexit, children, EC law, families, news, refugees by sally

‘The latest version of Withdrawal Agreement Bill (WAB) – which will write prime minister Boris Johnson’s Brexit deal into law – is being debated in the House of Lords this week.’

Full Story

Each Other, 14th January 2020

Source: eachother.org.uk