Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules – Local Government Lawyer

Posted January 27th, 2020 in Afghanistan, asylum, children, codes of practice, immigration, local government, news by sally

‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’

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Local Government Lawyer, 24th January 2020

Source: www.localgovernmentlawyer.co.uk

Fraud victims ‘failed’ as criminals ‘operate with impunity’ – report – BBC News

Posted January 27th, 2020 in criminal justice, fraud, news, police, statistics, telecommunications, victims by sally

‘Fraudsters “operate with impunity” as a surge in cases has left police struggling to cope, a report has found.’

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BBC News, 25th January 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 27th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Alibrahim v Asturion Fondation [2020] EWCA Civ 32 (24 January 2020)

AIG Financial Products Corp & Ors v Gruber & Ors [2020] EWCA Civ 31 (24 January 2020)

High Court (Administrative Court)

Chawla v The Government of India [2020] EWHC 102 (Admin) (23 January 2020)

High Court (Chancery Division)

Carter v Bailey & Anor (Sturgeon Central Asia Balanced Fund Ltd) [2020] EWHC 123 (Ch) (27 January 2020)

Morley v The Royal Bank of Scotland PLC [2020] EWHC 88 (Ch) (27 January 2020)

Elston v King & Anor [2020] EWHC 55 (Ch) (24 January 2020)

High Court (Patents Court)

Lufthansa Technik AG [2020] EWHC 83 (Pat) (14 January 2020)

High Court (Queen’s Bench Division)

Morrison v Liverpool Women’s NHS Foundation Trust [2020] EWHC 91 (QB) (27 January 2020)

Eurasia Sports Ltd v Tsai & Ors [2020] EWHC 81 (QB) (24 January 2020)

Fine Lady Bakeries Ltd v EDF Energy Customers Ltd & Anor [2020] EWHC 87 (QB) (24 January 2020)

High Court (Technology and Construction Court)

MPB v LGK [2020] EWHC 90 (TCC) (23 January 2020)

Source: www.bailii.org

Gypsies and Travellers – time for a rethink – Nearly Legal

Posted January 27th, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, trespass by sally

‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’

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Nearly Legal, 26th January 2020

Source: nearlylegal.co.uk

Bar investigates training on how to deal with suicidal clients – Legal Futures

Posted January 27th, 2020 in barristers, families, family courts, legal education, mental health, news, suicide by sally

‘The Bar Council is to explore how to deliver training to barristers about dealing with suicidal clients after a family law practitioner related her own harrowing experiences confronting the issue.’

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Legal Futures, 27th January 2020

Source: www.legalfutures.co.uk

Grenfell Tower fire: Second phase of inquiry to begin – BBC News

Posted January 27th, 2020 in accidents, emergency services, fire, fire services, health & safety, housing, inquiries, local government, negligence, news, standards by sally

‘The second phase of the Grenfell Tower fire inquiry is to begin later, days after one of its panellists resigned.’

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BBC News, 27th January 2020

Source: www.bbc.co.uk

Longer sentences will not cut crime, say prison experts – The Guardian

Posted January 27th, 2020 in criminal justice, imprisonment, news, prisons, sentencing, sexual offences, statistics, violent offenders by sally

‘Boris Johnson’s hardline approach to justice will not cut crime and will only pile pressure on overstretched prisons, expert campaigners have said, as research reveals life sentences have already risen sharply.’

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The Guardian, 27th January 2020

Source: www.theguardian.com

A scheme of arrangement cannot compel a landlord to accept a surrender of a lease because this would interfere with the landlord’s proprietary rights, the High Court in England has ruled – OUT-LAW.com

Posted January 24th, 2020 in debts, landlord & tenant, leases, loans, news, schemes of arrangement by sally

‘A scheme of arrangement cannot compel a landlord to accept a surrender of a lease because this would interfere with the landlord’s proprietary rights, the High Court in England has ruled.’

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OUT-LAW.com, 23rd January 2020

Source: www.pinsentmasons.com

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

Posted January 24th, 2020 in appeals, building law, housing, insurance, interpretation, leases, limitations, news, standards, warranties by sally

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

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Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

Posted January 24th, 2020 in contract of employment, employment, employment tribunals, equality, freedom of expression, gender, human rights, internet, news, sex discrimination, transgender persons, women by sally

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

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UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

New Act – legislation.gov.uk

Posted January 24th, 2020 in brexit, EC law, legislation by sally

European Union (Withdrawal Agreement) Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 24th, 2020 in legislation by sally

The Double Taxation Dispute Resolution (EU) Regulations 2020

The Education (Student Fees, Awards and Support etc.) (Amendment) (No. 2) Regulations 2020

The Education (Student Fees, Awards and Support etc.) (Amendment) Regulations 2020

The Parental Bereavement (Leave and Pay) Act 2018 (Commencement) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 24th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Cuadrilla Bowland Ltd & Ors v Lawrie & Ors [2020] EWCA Civ 9 (23 January 2020)

Michael, R (On the Application Of) v The Governor of Hmp Whitemoor & Anor [2020] EWCA Civ 29 (23 January 2020)

Candey Ltd v Crumpler & Anor [2020] EWCA Civ 26 (23 January 2020)

High Court (Administrative Court)

FF, R. (On the Application Of) v Director of Legal Aid Casework [2020] EWHC 95 (Admin) (23 January 2020)

High Court (Chancery Division)

Wilson & Anor v McNamara & Ors [2020] EWHC 98 (Ch) (23 January 2020)

Claimants In the Royal Mail Group Litigation v Royal Mail Group Ltd [2020] EWHC 97 (Ch) (23 January 2020)

High Court (Commercial Court)

National Bank Trust v Yurov & Ors [2020] EWHC 100 (Comm) (23 January 2020)

Ivy Technology Ltd v Martin & Ors [2020] EWHC 94 (Comm) (23 January 2020)

High Court (Queen’s Bench Division)

Lenkor Energy Trading DMCC v Puri [2020] EWHC 75 (QB) (23 January 2020)

Source: www.bailii.org

Disabled lawyers “face daily discrimination” – Legal Futures

Posted January 24th, 2020 in barristers, disability discrimination, disabled persons, equality, law firms, legal profession, news, paralegals, solicitors, statistics by sally

‘Disabled lawyers face both overt and “unconscious” discrimination on a daily basis, such as “rituals, practices and attitudes that exclude or undermine them”, according to research published today.’

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Legal Futures, 24th February 2020

Source: www.legalfutures.co.uk

Unregulated accommodation – Family Law Week

Posted January 24th, 2020 in care homes, codes of practice, families, housing, landlord & tenant, local government, news, standards by sally

‘Chris MacDonald, Children’s Guardian at CAFCASS, considers the issues arising when a young person is placed in semi-independent accommodation.’

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Family Law Week, 24th January 2020

Source: www.familylawweek.co.uk

UK court allows Saudi dissident to sue kingdom over alleged hacking – The Guardian

Posted January 24th, 2020 in compensation, computer crime, electronic mail, human rights, interception, news, privacy, Saudi Arabia, telecommunications by sally

‘The high court has given a green light to a lawsuit against Saudi Arabia that has been brought by a prominent dissident living in London who has claimed he was the victim of a sophisticated hacking campaign by the kingdom.’

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The Guardian, 23rd January 2020

Source: www.theguardian.com

East Kent hospitals: Care watchdog inspects trust after baby death apology – BBC News

Posted January 24th, 2020 in birth, causing death of children or vulnerable adults, children, hospitals, inquests, news, ombudsmen, pregnancy, standards by sally

‘England’s care watchdog has carried out a no-notice inspection of an NHS trust at the centre of concerns over the possible preventable deaths of babies.’

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BBC News, 24th January 2020

Source: www.bbc.co.uk

Naturalist who wanted to rewild family farm loses 15-year legal battle with his brother, as judge rules he cannot prevent sale – Daily Telegraph

Posted January 24th, 2020 in animals, environmental health, environmental protection, families, news, sale of land, trusts, wills by sally

‘A naturalist who wanted to rewild the family farm has lost a 15-year legal battle with his brother after a judge ruled he cannot prevent the sale.’

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Daily Telegraph, 23rd January 2020

Source: www.telegraph.co.uk

Van driver who launched ‘frenzied’ machete attack on police officer cleared of attempted murder – The Independent

Posted January 24th, 2020 in assault, attempted murder, grievous bodily harm, news, offensive weapons, police, statistics, wounding by sally

‘A van driver who launched a “frenzied attack” on a police officer with a machete has been cleared of attempted murder after claiming he acted in self-defence.’

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The Independent, 23rd January 2020

Source: www.independent.co.uk

Tamworth Five mystery: Dog sitter at centre of vanishing pets row is fined more than £3,000 – Daily Telegraph

Posted January 24th, 2020 in animals, fines, mental health, news, standards by sally

‘The pet sitter at the centre of the “Tamworth Five” vanishing dogs mystery was under intense stress at the time as her marriage was breaking down, a court heard, as she was fined more than £3,000 for animal welfare offences.’

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Daily Telegraph, 23rd January 2020

Source: www.telegraph.co.uk