Patient died after ‘transplant surgeon error’ in Welsh hospital – BBC News

‘A transplant patient died after a surgeon failed to disclose he had spilt stomach contents on organs which went on to be used in NHS operations.’

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BBC News, 21st November 2019

Source: www.bbc.co.uk

Court of Appeal to hear facial recognition technology challenge – Law Society’s Gazette

‘A Cardiff resident who lost a High Court challenge over police deployment of automated facial recognition technology has been given permission to take his case to the Court of Appeal.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Hawala: why it is used and what family practitioners should know about it – Family Law Week

‘Byron James, Partner and Head of Expatriate Law in Dubai, explains the challenges presented to family lawyers by the effective method of anonymous international money transfer system used around the world.; why and what family practitioners should know about it.’

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Family Law Week, 20th November 2019

Source: www.familylawweek.co.uk

Burford school agrees to provide alternative to Christian assembly – BBC News

‘A couple who threatened to take a school to the High Court over its religious assemblies have won their fight for alternative activities for their children.’

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BBC News, 20th November 2019

Source: www.bbc.co.uk

Extinction Rebellion protest: Met accused of 521 abuses of power – The Guardian

‘Police carried out widespread abuses of power during Extinction Rebellion’s two weeks of protests in October, according to investigators who have collated dozens of reports from protesters.’

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The Guardian, 20th November 2019

Source: www.theguardian.com

Doctors may face suspension over NHS ‘worst maternity scandal’ – The Guardian

‘Doctors who saw but did not report babies and mothers receiving poor care during the NHS’s worst maternity scandal could be suspended or struck off, the General Medical Council has warned. The medical profession’s regulator has asked NHS bosses for details of any doctor they believe may have ignored their professional duty to raise the alarm about threats to patient safety at the Shrewsbury and Telford NHS hospital trust (SaTH).’

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The Guardian, 20th November 2019

Source: www.theguardian.com

Transphobia guidelines ‘contrary to freedom of expression’, court hears – BBC News

‘The way police record “non-crime hate incidents” against transgender people has “a chilling effect” on freedom of expression, the High Court has heard.he way police record “non-crime hate incidents” against transgender people has “a chilling effect” on freedom of expression, the High Court has heard.’

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BBC News, 20th November 2019

Source: www.bbc.co.uk

Professional Standards Authority v HCPC and Wood [2019] EWHC 2819 (Admin) – Charging motivation and lies in investigation – 2 Hare Court

‘Mr Wood was a paramedic called to attend Patient A, a highly vulnerable patient who suffered from a split personality disorder. Within 10-15 minutes of leaving the patient, Mr Wood began to text her. Over the course of the following month he continued to contact her. Some of those messages were sexually explicit and others attempted to arrange a meeting with the patient for sex. He also asked her to keep the messages a secret.’

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2 Hare Court, 1st November 2019

Source: www.2harecourt.com

Home Secretary withdraws appeal in child’s citizenship challenge – Garden Court Chambers

Posted November 20th, 2019 in appeals, children, citizenship, human rights, news, paternity by sally

‘The Secretary of State has withdrawn her appeal against the decision of the Administrative court in R(ota K, a child by her litigation friend) v SSHD [2018] EWHC 1834 (Admin).’

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Garden Court Chambers, 6th November 2019

Source: www.gardencourtchambers.co.uk

Ban child marriage: safeguard futures – Counsel

Posted November 20th, 2019 in children, consent, marriage, news by sally

‘Child marriage is ‘any formal marriage or informal union between a child under the age of 18 and an adult or another child’ (UNICEF). Child marriage is not a criminal offence in England and Wales. Children can marry between the ages of 16-17 with parental consent in accordance with s 3 of the Marriage Act 1949. Marriages that take place involving children below the age of 16 are void but they are not criminalised. There is no legal provision currently in place that prevents religious or customary child marriages, at any age, from taking place. Often religious or customary marriages carry even more weight than civil marriages within certain families or communities. Whilst there may only be a minority of civil marriages taking place with parental consent between children from the ages of 16-17 years old, it is unknown how many British children are married abroad and how many religious and customary marriages involving children take place each year.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

High court quash coroner’s anonymity ruling and allows family of Andrew Hall to see inquest evidence of police officers – Garden Court Chambers

Posted November 20th, 2019 in anonymity, coroners, inquests, judicial review, news, police by sally

‘On 30 October 2019 the High Court ordered that seven family members be entitled to see 16 West Yorkshire police offers and a custody nurse give evidence at the inquest into the death of Andrew Hall, quashing the coroner’s ruling on anonymity.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

Independent report into NMC’s handling of Morecambe Bay cases finds significant failings – 2 Hare Court

Posted November 20th, 2019 in birth, disciplinary procedures, hospitals, midwives, news, reports by sally

‘The Morecambe Bay Investigation (the Kirkup Report) was an inquiry into the deaths of mothers and babies at Furness General Hospital midwifery unit between 2004 and 2012. It found ten stillbirths, six neonatal deaths, and three maternal deaths were part of a pattern of failures in care at every level within the unit. There was an inability to confront the endemic poor practice that linked the incidents, and a defensive approach amongst the midwifery team. This pattern of failures was not identified or acted on for several years.’

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2 Hare Court, 15th November 2019

Source: www.2harecourt.com

“All for one and one for all” when it comes to severing an adjudicator’s decision – Practical Law: Construction Blog

Posted November 20th, 2019 in construction industry, contracts, dispute resolution, enforcement, news, Scotland by sally

‘Round one was an adjudication enforcement application before Lord Doherty in the Scottish courts. The contractor (Dickie & Moore) had succeeded in an adjudication and, when the adjudicator’s decision went unpaid, issued court proceedings to get its money.’

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Practical Law: Construction Blog, 19th November 2019

Source: constructionblog.practicallaw.com

Miller 2, the Supreme Court and the politics of constitutional interpretation – Counsel

Posted November 20th, 2019 in brexit, constitutional law, news, parliament, prorogation, Supreme Court by sally

‘In the aftermath of the Miller 2/Cherry judgment, delivered on 24 September 2019, the Supreme Court has come under attack for making a ‘political’ intervention. This had led to some calls for political supervision of judicial appointments on the basis that the Supreme Court is now a ‘political player’. In reality these arguments do not seem to have gained much traction but these criticisms, nevertheless, raise some important questions about the boundaries between law and politics in the UK.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

Part 36 Offers Explained – Becket Chambers

Posted November 20th, 2019 in news, part 36 offers by sally

‘This article explains the key points about Part 36 offers and provides top tips for avoiding common pitfalls.’

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Becket Chambers, 14th November 2019

Source: becket-chambers.co.uk

Jury highlight Morton Hall multiple staff failures as inquest concludes on death of immigration detainee Carlington Spencer – Garden Court Chambers

Posted November 20th, 2019 in death in custody, detention, immigration, inquests, juries, news by sally

‘The inquest into the death of Carlington Spencer, known to his family as ‘Jammy’, concluded on Friday 8 November. Carlington was an immigration detainee at Morton Hall Immigration Removal Centre.’

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Garden Court Chambers, 14th November 2019

Source: www.gardencourtchambers.co.uk

CA: Part 36 offer did not contract out of fixed costs – Litigation Futures

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Mental Capacity Guidance Note: Deprivation of Liberty in the Hospital Setting – 39 Essex Chambers

‘The law governing the deprivation of a person’s liberty in a hospital can be complex. In every case it involves (or should involve) consideration of the question of what amounts to a deprivation of liberty for the purposes of domestic legislation and Article 5 of the European Convention of Human Rights (‘ECHR’). In very many cases, it involves the interface of two statutory regimes (the Mental Health Act 1983 (‘MHA 1983’) and the Mental Capacity Act 2005 (‘MCA 2005’)).’

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39 Essex Chambers, 11th November 2019

Source: www.39essex.com

“Severe failures” in care led to the death of vulnerable pensioner Leocardo Loney – Garden Court Chambers

Posted November 20th, 2019 in care homes, elderly, inquests, news by sally

‘The family of a vulnerable London man who was found dead more than two months after he went missing from Willow House, the extra care housing where he lived, have spoken out following an inquest into his death.’

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Garden Court Chambers, 7th November 2019

Source: www.gardencourtchambers.co.uk

Refreshing legal clarity on cryptocurrencies and smart contracts – Technology Law Update

Posted November 20th, 2019 in computer programs, contracts, cryptocurrencies, electronic commerce, news by sally

‘A UK Government-backed task force has reviewed the status of cryptocurrencies and smart contracts under the existing law. In a new Legal Statement, they offer some welcome clarity to these evolving technologies.’

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Technology Law Update, 19th November 2019

Source: www.technology-law-blog.co.uk