Court of Appeal sets out principles for deciding whether father or relative should be informed of existence of child who might be adopted – Local Government Lawyer

Posted January 30th, 2020 in adoption, local government, news, notification, paternity by sally

‘The Court of Appeal has set out the principles governing decisions – whether by local authorities as adoption agencies or by the court – as to whether a putative father or a relative should be informed of the existence of a child who might be adopted.’

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Local Government Lawyer, 29th January 2020

Source: www.localgovernmentlawyer.co.uk

The Impact of Releasing Suspects ‘Under Investigation’ (RUI) – Drystone Chambers

Posted January 30th, 2020 in bail, chambers articles, Crown Prosecution Service, news, police by sally

‘Decisions about bail impact the physical and mental well-being of both complainants and defendants. It is imperative that the right decision about bail is made at the start of an investigation. We have recently seen an explosion in the use of RUI; this article addresses both the problems around RUI as well as potential solutions to it.’

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Drystone Chambers, January 2020

Source: drystone.com

Landmark Court of Appeal judgment criticises the use of wide injunctions which target Gypsy and Traveller encampments – Garden Court Chambers

Posted January 30th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘The Court of Appeal handed down a very significant judgment, dismissing an appeal by Bromley Council against the High Court’s decision to refuse the Council’s application for an injunction against “persons unknown” stopping on public land in the Borough.’

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Garden Court Chambers, 21st January 2020

Source: www.gardencourtchambers.co.uk

UK sued for approving Europe’s biggest gas power station – The Guardian

Posted January 30th, 2020 in climate change, energy, environmental protection, judicial review, news, planning by sally

‘The UK government is being sued for approving a large new gas-fired power plant, overruling the climate change objections of its own planning authority.
The plant, being developed by Drax in north Yorkshire, would become the biggest gas power station in Europe and could produce 75% of the UK’s power sector emissions when fully operational, according to the environmental lawyers ClientEarth, who have brought the judicial review.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Airspace, subsoil and rights of first refusal – Hardwicke Chambers

Posted January 30th, 2020 in chambers articles, landlord & tenant, leases, news by sally

‘In York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch), [2019] 3 WLR 727 Zacaroli J. was asked to resolve various issues under the 1987 Act in a case where a husband and wife owned the freehold of a block of flats and, to preserve its development value, granted one or other of themselves leases of various parts of the block and its surroundings at peppercorn rents.’

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Hardwicke Chambers, 23rd January 2020

Source: hardwicke.co.uk

High Court critical of approach to evidence in Post Office litigation – Henderson Chambers

Posted January 30th, 2020 in chambers articles, computer programs, expert witnesses, news, postal service by sally

‘In the final judgment of this long-running group litigation, the court found numerous issues with the Post Office’s Horizon IT system and ruled in favour of the subpostmasters and subpostmistresses. The overarching point that emerges is the importance of advancing a realistic case, supported by properly considered and careful expert and factual witness evidence.’

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Henderson Chambers, 22nd January 2020

Source: www.hendersonchambers.co.uk

West Suffolk Hospital staff ‘feared raising concerns’, says CQC – BBC News

Posted January 30th, 2020 in hospitals, news, reports, whistleblowers by sally

‘Staff at a hospital accused of conducting a “witch hunt” to identify a whistleblower felt a lack of “freedom to speak up”, a report has said.’

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BBC News, 30th January 2020

Source: www.bbc.co.uk

Government loses court appeal over short-changing disabled benefit claimants – The Independent

Posted January 30th, 2020 in appeals, benefits, disability discrimination, disabled persons, news by sally

‘The government has lost two appeals against court judgments that found the Department for Work and Pensions (DWP) had unlawfully discriminated against thousands of severely disabled people who were moved on to universal credit.’

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The Independent., 29th January 2020

Source: www.independent.co.uk

Number of slavery victims in London up tenfold in five years – The Guardian

Posted January 30th, 2020 in forced labour, London, news, statistics, trafficking in human beings, victims by sally

‘There has been a more than tenfold increase in the number of people identified as victims of modern slavery and human trafficking in London, and more than 30% of all cases nationally are discovered in the capital, according to new research.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Grenfell Tower fire: Firms want immunity over evidence – BBC News

Posted January 30th, 2020 in evidence, fire, health & safety, immunity, inquiries, news, prosecutions by sally

‘Firms involved in the refurbishment of Grenfell Tower have asked the public inquiry into the fire for a guarantee that anything they say in the hearings will not be used for any prosecution.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

Child cruelty case triggers call for home schooling review – The Guardian

Posted January 30th, 2020 in child abuse, child cruelty, child neglect, domestic violence, education, news by sally

‘Child protection experts have called for a national review of home schooling following an inquiry into a case in which a violent stepfather and his partner subjected their young son to extreme neglect and abuse.’

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The Guardian, 29th January 2020

Source: www.theguardian.com

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

Posted January 29th, 2020 in case management, climate change, Crown Prosecution Service, demonstrations, environmental protection, holidays, news, notification, police, trespass, witnesses by sally

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

Contact, Ultra-Orthodox Judaism, and a Transgender Parent – Transparency Project

Posted January 29th, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘Readers of the blog may well recall the case concerning five Charedi Jewish children at the centre of a family dispute. The children’s father is transgender and left the family home in June 2015 to live as a transgender person. She now lives as a woman. The children’s father sought face to face contact with the children. The childrens’ mother opposed the application.’

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Transparency Project, 28th January 2020

Source: www.transparencyproject.org.uk

Can Prince Andrew be forced to testify? – BBC News

Posted January 29th, 2020 in foreign jurisdictions, inquiries, news, royal family, sexual offences, trafficking in human beings, witnesses by sally

‘Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Filming partner without their consent during sex ruled a criminal offence – The Guardian

Posted January 29th, 2020 in appeals, consent, criminal justice, Crown Prosecution Service, news, privacy, sexual offences, video recordings, voyeurism by sally

‘Anyone who films a partner during sex without their consent is committing the criminal offence of voyeurism, the court of appeal has ruled in a case that may affect the Crown Prosecution Service’s apparent reluctance to bring charges.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

Police tasering of man with mental health issues ‘contributed to his death’ – The Guardian

Posted January 29th, 2020 in causing death of children or vulnerable adults, drug abuse, inquests, mental health, news, police, professional conduct, weapons by sally

‘Truro inquest hears Marc Cole was hit three times as family calls for review of stun guns.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

London Borough of Southwark v Royce & Nicoue [2019] UKUT 331 (LC) – Tanfield Chambers

Posted January 29th, 2020 in appeals, housing, landlord & tenant, leases, local government, news, repairs, service charges, standards, tribunals by sally

‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Surrogacy: Social media advertising plans prompt regulator warning – BBC News

Posted January 29th, 2020 in advertising, families, internet, Law Commission, news, pregnancy, surrogacy by sally

‘Social media adverts urging young women to become surrogate mothers could be allowed under Law Commission proposals.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

Posted January 29th, 2020 in bereavement, cancer, case management, damages, delay, expert witnesses, families, industrial injuries, news, notification, solicitors, trials by sally

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

Yousef Makki: Boy B loses bid to keep identity secret – BBC News

Posted January 29th, 2020 in anonymity, homicide, news, offensive weapons, ombudsmen, perverting the course of justice, police, public interest, standards, young offenders by sally

‘A teenager cleared of lying to police over the fatal stabbing of 17-year-old Yousef Makki has lost a High Court bid to protect his identity.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk