East Kent hospitals: Baby deaths ‘could have been prevented’ – BBC News

Posted January 23rd, 2020 in birth, hospitals, inquests, news, pregnancy by sally

‘At least seven preventable baby deaths may have occurred at one of the largest groups of hospitals in England since 2016, a BBC investigation has found.’

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BBC News, 23rd January 2020

Source: www.bbc.co.uk

Rough sex murder defence: Why campaigners want it banned – BBC News

Posted January 23rd, 2020 in defences, murder, news by sally

‘Campaigners say men are increasingly using the “rough sex” defence to try to get away with murdering women. They want the law changed to prevent such a defence and have the support of two MPs. But what difference would it make?’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

John Bercow: Formal complaint lodged against former Commons Speaker – BBC News

Posted January 23rd, 2020 in bullying, complaints, news, parliament, peerages & dignities by sally

‘A complaint has been made against former Commons Speaker John Bercow by a previous senior advisor.’

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BBC News, 23rd January 2020

Source: www.bbc.co.uk

Windrush man who served in British army for nine years told there is no record of him – The Independent

Posted January 23rd, 2020 in armed forces, citizenship, colonies, compensation, loans, news by sally

‘A Windrush man who was told the UK government had no record of him despite having spent nearly a decade serving in the British army says he is struggling to obtain compensation two years on.’

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The Independent, 23rd january 2020

Source: www.independent.co.uk

Domestic abuse cases abandoned too quickly when victims retreat – study – The Guardian

‘Police and prosecutors are dropping domestic abuse cases far too readily when victims become reluctant to pursue complaints against often violent partners, an official inspectorate report has warned.’

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The Guardian, 23rd January 2020

Source: www.theguardian.com

Labour MP accused of sexual assault fails in anonymity bid – The Guardian

‘A Labour MP has failed in his bid to stop his name from being revealed in reporting of an upcoming employment tribunal case taken by a woman who has accused him of sexual assault and harassment.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com

Female judge criticises male colleague who told woman she wasn’t raped as she didn’t fight back – Daily Telegraph

Posted January 23rd, 2020 in appeals, consent, judges, news, rape by sally

‘A female judge has criticised an “outdated” male colleague after he ruled that a woman had not been raped by her violent partner because she “took no physical steps” to stop him during sex.’

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Daily Telegraph, 22nd January 2019

Source: www.telegraph.co.uk

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’

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Local Government Lawyer, 21st January 2020

Source: www.localgovernmentlawyer.co.uk

Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers

Posted January 22nd, 2020 in appeals, codes of practice, mental health, news, sentencing by sally

‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’

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Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk

The Stalking Protection Order – 25 Bedford Row

Posted January 22nd, 2020 in harassment, injunctions, news, police, stalking, victims by sally

‘Stalking has become a serious infringement of the lives of both women, men, young girls and boys. One in five women and one in ten men are likely to be victims in their lifetime and the prosecution for stalking offences demonstrates a rising trend in offending.’

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25 Bedford Row, 20th January 2020

Source: www.25bedfordrow.com

LSB launches continuing competence inquiry – Legal Futures

‘The Legal Services Board (LSB) has launched a call for evidence on continuing competence, the first stage in a promised review of the issue that could lead to periodic checks on lawyers’ fitness to practise.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Up High and Down Low: ownership of airspace and subsoil – Hardwicke Chambers

Posted January 22nd, 2020 in landlord & tenant, news by sally

‘In this podcast Daniel Gatty and Priya Gopal discuss the law regarding freehold and leasehold ownership of airspace above and subsoil below land and buildings.’

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Harwicke Chambers, 16th January 2020

Source: hardwicke.co.uk

Divorce or Separation: Impact on Leave to Remain – Richmond Chambers

Posted January 22nd, 2020 in deportation, divorce, domestic violence, families, immigration, news by sally

‘January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK?’

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Richmond Chambers, 17th January 2020

Source: immigrationbarrister.co.uk

Criminal legal aid solicitor struck off for accounts rule breaches – Legal Futures

‘A solicitor has been struck off after nearly 40 years in practice after admitting that the difficulties of relying on payment from criminal legal aid work overwhelmed him.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Default Interest? That is just under 290% p.a. – KCH Garden Sq

Posted January 22nd, 2020 in interest, loans, news, repossession by sally

‘An interesting part of my work involves advising and appearing in cases in which there are loans from companies that specialise in loans to “distressed borrowers”. I have acted both for and against loan companies in that area of business, and so I have been able to see the issues from both sides.’

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KCH Garden Sq, 16th January 2020

Source: kchgardensquare.co.uk

Cybercrime laws need urgent reform to protect UK, says report – The Guardian

Posted January 22nd, 2020 in computer crime, internet, news, public interest, statute law revision by sally

‘Britain’s cyber-defences are being endangered by the outdated Computer Misuse Act, which prevents investigators from dealing effectively with online threats while over-punishing immature defendants, according to a legal report.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com

Tribunal Judge loses case of race discrimination against fellow Judges – Ely Place Chambers

‘Employment Judge Snelson has handed down judgment in Kumrai v Ministry of Justice and others, an unusual case involving serious allegations of race discrimination by members of the senior judiciary in which the Claimant and all three Respondent witnesses were serving Tribunal Judges. The Claimant, a Judge of the First-Tier Tribunal, sued both the Regional Judge and President of the relevant chamber together with the Ministry of Justice, for direct race discrimination, harassment and victimisation.’

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Ely Place Chambers, 14th January 2020

Source: elyplace.com

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

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Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

Criminalising the possession of “terrorist propaganda”: a human rights analysis – UK Human Rights Blog

‘The Home Office is proposing to legislate for a new criminal offence relating to the “possession of the most serious material glorifying or encouraging terrorism”.’

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UK Human Rights Blog, 21st January 2020

Source: ukhumanrightsblog.com