Providing support for children with complex needs – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Courts reform to see quicker justice for victims and keeps streets safe – Ministry of Justice

‘Victims of crimes will see the perpetrators face justice more quickly under a once-in-a-generation review of criminal courts, the Lord Chancellor announced today (12 December).’

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Ministry of Justice, 12th December 2024

Source: www.gov.uk

Solicitors over-reliant on their COLPs, says SRA – Legal Futures

‘Too many solicitors only check their professional obligations when things go wrong and are over-reliant on their firm’s compliance officer for legal practice (COLP) to keep on top of regulatory issues, according to Solicitors Regulation Authority (SRA) research.’

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Legal Futures, 16th December 2024

Source: www.legalfutures.co.uk

UK and Germany set out joint action for people smuggling law reform – Home Office

‘UK and Germany agree landmark plan to break the business model of people smuggling gangs, with Germany confirming intention for law change.’

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Home Office, 10th December 2024

Source: www.gov.uk

Aspiring barristers from underrepresented groups supported by Bridging the Bar 2024 Outreach Programme – Courts and Tribunals Judiciary

Posted December 16th, 2024 in barristers, courts, diversity, equality, news by sally

‘In November 2024, 17 aspiring barristers from underrepresented groups participated in a five-day paid internship at the High Court and Court of Appeal.’

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Courts and Tribunals Judiciary, 12th December 2024

Source: www.judiciary.uk

Serving claim form on ‘persons unknown’ out of jurisdiction now requires hearing – Law Society’s Gazette

Posted December 16th, 2024 in disclosure, media, news, service out of jurisdiction by sally

‘Future applications for permission to serve a claim form on ‘persons unknown’ out of the jurisdiction in claims in the media & communications list should not be dealt with without a hearing, a High Court judge has ruled.’

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Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

‘My sister was electrocuted in St James’s Park’ – BBC News

Posted December 16th, 2024 in accidents, health & safety, London, news, personal injuries by sally

‘A woman is taking legal action after she was electrocuted in a central London park, putting her in intensive care and leaving her with memory problems.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

Calls for Archbishop of York to resign over Church failings in sex abuse case – BBC News

‘The Archbishop of York Stephen Cottrell is facing calls to resign over his handling of a sexual abuse case, days before he takes temporary charge of the Church of England.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

Defendants could be ‘diverted’ from criminal justice system amid record backlog – The Guardian

‘People scheduled to stand trial could be “diverted” from the criminal justice system in efforts to tackle the “unsustainable” backlog of court cases, the head of a major justice review has said.’

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The Guardian, 14th December 2024

Source: www.theguardian.com

Lawyers refusing to represent people charged with certain crimes amid pay crisis – The Guardian

‘Lawyers are refusing to represent people charged with certain crimes amid a crisis over solicitors’ pay, with one burglary suspect turned away by 12 legal firms, the Law Society president has said.’

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The Guardian, 16th December 2024

Source: www.theguardian.com

Bus driver who was reading piece of paper before hitting pedestrian jailed – The Independent

‘A bus driver who was reading a piece of paper behind the wheel has been jailed for two years after hitting a woman crossing the road, police have said.’

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The Independent, 13th December 2024

Source: www.independent.co.uk

Man jailed after firing lethal submachine gun on public street before fleeing in Rolls Royce – The Independent

Posted December 16th, 2024 in firearms, imprisonment, news, sentencing by sally

‘A gunman who opened fire on the street with a submachine gun before fleeing in a Rolls Royce has been jailed for more than 15 years.’

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The Independent, 14th December 2024

Source: www.independent.co.uk

Landlord’s steps related to the disapplication of the presumption of qualifying lease – Falcon Chambers

‘Paragraph 13 of Schedule 8 BSA and regulation 6 of the Building Safety (Leaseholder Protections) (Information etc.) (England) Regulations 2022 contain short time limits and detailed prescribed requirements for landlords to comply with in seeking leaseholder deeds of certificate.’

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Falcon Chambers, 26th November 2024

Source: www.falcon-chambers.com

Enterprise law and the eclipse of corporate law – King’s Law Journal

Posted December 13th, 2024 in company law, news by sally

‘”The company”, argued Gower and Davies: Principles of Modern Company Law in 2003, “is a dominant institution in our society, and all the more so with the retreat in recent decades of the government-owned or public sector of the economy”.’

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King's Law Journal, 11th December 2024

Source: www.tandfonline.com

IOPC clears armed police who arrested 13-year-old playing with water pistol – The Guardian

‘The actions of armed police who surrounded and arrested a 13-year-old boy after an officer mistook his water pistol for a real gun were “reasonable in the circumstances”, the Independent Office for Police Conduct (IOPC) said.’

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The Guardian, 13th December 2024

Source: www.theguardian.com

Avoiding Procedural Pitfalls in Professional Negligence Claims – Gatehouse Chambers

‘Professional negligence claims are somewhat more susceptible to the many procedural pitfalls in civil litigation. Passage of time, lengthy negotiations before issue, insolvency.’

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Gatehouse Chambers, 26th November 2024

Source: gatehouselaw.co.uk

Rotherham rioter who tried to burn down asylum seeker hotel jailed for nine years – The Guardian

‘A rioter who tried to set fire to a hotel housing asylum seekers has been jailed for nine years – the joint highest sentence passed down so far for the nationwide disorder over the summer.’

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The Guardian, 12th December 2024

Source: www.theguardian.com

Did you miss? Lowry Trading Ltd v Musicalize Ltd [2024] EWHC 2653 (KB), 28 October 2024 – Gatehouse Chambers

Posted December 13th, 2024 in chambers articles, charging orders, news by sally

‘The claimants had obtained judgment against the defendants and an interim charging order had been made against the defendants’ interest in a freehold house. The claimants sought an order that the charging order be made final. The interest charged arose under a contract of sale dated 9 January 2019 pursuant to which the defendants had contracted to purchase the property and occupied it pursuant to an AST pending completion. The sale had never completed. The freeholder/vendor (being the third-party in the proceedings) had served a notice to complete back in 2019. It was not complied with but the vendor did not rescind the contract. The defendants remained in possession paying rent under the AST. A deed of variation extending the date for completing was discussed but never finalised. In July 2024, after the interim charging order was made, the vendor wrote to the defendants purporting to rescind the contract.’

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Gatehouse Chambers, 20th December 2024

Source: gatehouselaw.co.uk

Judge castigates expert who was “prepared to mislead the court” – Legal Futures

‘The High Court has rejected the evidence of an expert witness who had “little or no regard” to the Civil Procedure Rules and was “prepared materially to mislead the court”.’

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Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

Palmer v Sans: Chancery Division [2024] EWHC 2685 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in bankruptcy, chambers articles, insolvency, mortgages, news, trustees in bankruptcy by sally

‘In this case the Court applied traditional constructive trust principles to disputed facts in order to determine whether a specific property came within the estate of a bankrupt. It will be of interest to practitioners advising in the area of challenged transfers in the context of insolvency.’

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Gatehouse Chambers, 20th November 2024

Source: gatehouselaw.co.uk