Planning consent and community benefits – Law Society’s Gazette

Posted February 3rd, 2020 in agriculture, appeals, energy, environmental protection, local government, news, planning, Supreme Court by sally

‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’

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Law Society's Gazette, 3rd January 2020

Source: www.lawgazette.co.uk

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

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Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

New Act – legislation.gov.uk

Posted February 3rd, 2020 in agriculture, legislation by sally

Direct Payments to Farmers (Legislative Continuity) Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 3rd, 2020 in legislation by sally

The School and Early Years Finance (England) Regulations 2020

The Victims’ Payments Regulations 2020

The Rules for Direct Payments to Farmers (Amendment) Regulations 2020

The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

The Adult Skills (Specified Qualification in Information Technology) (Amendment) Regulations 2020

The Organ Donation (Deemed Consent) Act 2019 (Commencement No. 2) Regulations 2020

Source: www.legislation.gov.uk

Woman jailed for stranger sex attack in Huntingdon – BBC News

Posted February 3rd, 2020 in imprisonment, news, sentencing, sexual offences by sally

‘A woman who tried to force oral sex on a man in exchange for £5 for her bus fare has been jailed for sexual assault.’

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BBC News, 31st January 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 3rd, 2020 in law reports by sally

Court of Appeal (Civil Division)

Jesudason v Alder Hey Children’s NHS Foundation Trust [2020] EWCA Civ 73 (31 January 2020)

Al Ahmed v London Borough of Tower Hamlets [2020] EWCA Civ 51 (30 January 2020)

High Court (Administrative Court)

Hafeez v Government Of The United States Of America [2020] EWHC 155 (Admin) (31 January 2020)

Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors [2020] EWHC 130 (Admin) (30 January 2020)

High Court (Chancery Division)

Promontoria (Oak) Ltd v Emanuel & Anor [2020] EWHC 104 (Ch) (30 January 2020)

High Court (Commercial Court)

Forum Services International Ltd & Anor v OOS International BV [2020] EWHC 170 (Comm) (31 January 2020)

GDE LLC & Anor v Anglia Autoflow Ltd [2020] EWHC 105 (Comm) (31 January 2020)

Priminds Shipping (HK) Co Ltd v Noble Chartering Inc [2020] EWHC 127 (Comm) (31 January 2020)

Ajayi v Ebury Partners Ltd [2020] EWHC 166 (Comm) (31 January 2020)

SCOR SE v Barclays Bank Plc [2020] EWHC 133 (Comm) (30 January 2020)

Americas Bulk Transport Ltd (Liberia) v Cosco Bulk Carrier Ltd (China) M.V. Grand Fortune [2020] EWHC 147 (Comm) (30 January 2020)

High Court (Queen’s Bench Division)

Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB) (30 January 2020)

Carroll v Taylor & Ors [2020] EWHC 153 (QB) (30 January 2020)

Source: www.bailii.org

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

Posted February 3rd, 2020 in appeals, delay, homelessness, housing, legal aid, legal representation, local government, news, time limits by sally

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Lawyers could be forced to sign up to comparison websites – Legal Futures

Posted February 3rd, 2020 in barristers, competition, internet, law firms, legal profession, legal services, Legal Services Board, news, solicitors by sally

‘Law firms, chambers and other legal services providers could be forced to sign up to comparison websites so that clients can let others know about the quality of service they received.’

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Legal Futures, 3rd February 2020

Source: www.legalfutures.co.uk

Cheshire PC jailed for relationship with ‘vulnerable’ woman – BBC News

Posted February 3rd, 2020 in accidents, drunk in charge, imprisonment, misfeasance in public office, news, police, sentencing by sally

‘A PC who started a relationship with a woman he arrested despite being warned not to by his bosses, has been jailed.’

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BBC News, 3rd February 2020

Source: www.bbc.co.uk

Gender reassignment treatments for young people to get expert review – The Guardian

Posted February 3rd, 2020 in children, consent, gender, medicines, news, statistics, transgender persons, young persons by sally

‘The use of hormone treatments for young people who want to undergo gender reassignment is to be examined by experts, it has emerged.’

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The Guardian, 2nd February 2020

Source: www.theguardian.com

Terminally Ill Dad ‘Thoroughly Disappointed’ As Court Of Appeal Rejects Assisted Dying Case – Each Other

Posted January 31st, 2020 in appeals, assisted suicide, human rights, inquiries, judicial review, news, suicide by sally

‘A terminally ill dad is calling for a government inquiry into the UK’s blanket ban on assisted dying after the Court of Appeal rejected his human rights challenge.’

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Each Other, 30th January 2020

Source: eachother.org.uk

Police sending a third fewer rape cases to prosecutors, figures show – The Guardian

Posted January 31st, 2020 in Crown Prosecution Service, inquiries, judicial review, news, police, prosecutions, rape, sexual offences, statistics, victims by sally

‘Rape victims are finding it increasingly difficult to access justice as police refer fewer cases to the Crown Prosecution Service and fewer allegations of rape are being prosecuted and convicted, according to new figures.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Employment Tribunal provides reasoning in ethical veganism case – UK Human Rights Blog

Posted January 31st, 2020 in employment, employment tribunals, equality, harassment, human rights, news, veganism by sally

‘Following his headline-grabbing finding on 3rd January 2020 that “ethical veganism is a philosophical belief which qualifies as a protected belief within the meaning of section 10 of The Equality Act 2010”, Norwich Employment Tribunal Judge Postle has now provided his full determination.’

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UK Human Rights Blog, 29th January 2020

Source: ukhumanrightsblog.com

Court rejects LiP’s “indiscriminate attack” on legal expenses insurers – Litigation Futures

Posted January 31st, 2020 in complaints, employment, employment tribunals, expenses, fees, fraud, insurance, litigants in person, news, race discrimination, unfair dismissal by sally

‘The High Court has struck out a claim by a litigant-in-person (LiP) who responded to the failure of her employment tribunal case by launching an “indiscriminate attack” against legal expenses insurers and regulators.’

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Litigation Futures, 30th January 2020

Source: www.litigationfutures.com

Have confidence, come forward, rape victims urged – BBC News

Posted January 31st, 2020 in Crown Prosecution Service, news, police, prosecutions, rape, sexual offences, statistics, victims by sally

‘”Have confidence, come forward,” the director of public prosecutions has told victims of rape, as the number of prosecutions continues to fall.’

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BBC News, 30th January 2020

Source: www.bbc.co.uk

Man found guilty of trying to steal Magna Carta – BBC News

Posted January 31st, 2020 in criminal damage, magna carta, news, psychiatric damage, theft by sally

‘A man has been found guilty of trying to steal a copy of Magna Carta from Salisbury Cathedral.’

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BBC News, 30th January 2020

Source: www.bbc.co.uk

People who worked on Grenfell Tower ‘could face life sentences’ – The Guardian

Posted January 31st, 2020 in accidents, bereavement, building law, families, fire, health & safety, inquiries, negligence, news, standards, unlawful killing by sally

‘People who worked on the Grenfell Tower refurbishment could face the threat of being jailed for life, their lawyers have said, with witnesses interviewed by police believing they could be charged with manslaughter.’

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The Guardian, 30th January 2020

Source: www.theguardian.com

Achieving Best Evidence in Family Cases involving allegations of sexual abuse – Pallant Chambers

Posted January 30th, 2020 in child abuse, evidence, family courts, news, witnesses by sally

‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’

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Pallant Chambers, 27th January 2020

Source: www.pallantchambers.co.uk

“Should Cannabis Use be Legalised” An Article by Yasin Patel & Amy Hazlewood – Church Court Chambers

Posted January 30th, 2020 in chambers articles, drug abuse, medicines, news by sally

‘Cannabis, good drug or bad? The topic of debate internationally for decades by governments, medical professionals, recreational users and more. A renewed debate about the laws prohibiting or permitting cannabis use and supply around the world has been fuelled by the legalisation of supply and use of cannabis for ‘recreational’ purposes. Yasin Patel and Amy Hazlewood consider amongst other things, the use of cannabis, the legal history, advantages and disadvantages of legalising it.’

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Church Court Chambers, January 2020

Source: churchcourtchambers.co.uk

Disclosing client instructions did not end confidentiality – OUT-LAW.com

Posted January 30th, 2020 in confidentiality, disclosure, news, privilege, solicitors by sally

‘A law firm which provided written confirmation to a financing bank that it had had received instructions from its client did not automatically bring legal advice privilege to an end, and so need not provide the bank with other documents relating to a dispute between the lender and the client, the Court of Appeal of England and Wales has ruled.’

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OUT-LAW.com, 29th January 2020

Source: www.pinsentmasons.com