Alcatel Lucent SAS and ors v Amazon Digital UK Ltd and ors – Blackstone Chambers

Posted July 31st, 2024 in chambers articles, injunctions, jurisdiction, licensing, news by sally

‘The High Court has issued a judgment upholding the English courts’ jurisdiction and ordering an expedited RAND trial in a significant dispute between Nokia and Amazon.’

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Blackstone Chambers, 26th July 2024

Source: www.blackstonechambers.com

Anjem Choudary gets life sentence for directing terrorist organisation – The Guardian

Posted July 31st, 2024 in imprisonment, Islam, news, proscribed organisations, sentencing, terrorism by sally

‘A judge has jailed the Islamist preacher Anjem Choudary for life with a minimum term of 28 years for running a banned terrorist organisation, telling him: “I cannot foresee a time when you will cease to be dangerous.”’

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The Guardian, 30th July 2024

Source: www.theguardian.com

ICO reprimands elections watchdog after cyber attack compromised servers – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) has issued a reprimand to the Electoral Commission after hackers gained access to servers that contained the personal information of approximately 40 million people.’

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Local Government Lawyer, 30th July 2024

Source: www.localgovernmentlawyer.co.uk

Disbanding a parish – and a question of jurisdiction: All Saints Spring Park PCC – Law & Religion UK

Posted July 31st, 2024 in appeals, Christianity, Church of England, human rights, news, Privy Council by sally

‘All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23 was an appeal by the PCC and the incumbent of All Saints Spring Park under the Mission and Pastoral Measure 2011 to the Judicial Committee of the Privy Council against a scheme made by the Church Commissioners under the Measure. An episcopal visitation in 2016 had concluded that the parish was not financially viable [5], and the Commissioners made a scheme under the Measure to dissolve the parish and divide its area between the neighbouring parishes of St John Shirley and St George Shirley. The incumbent, Revd Yvonne Clarke – who was the first black woman to be ordained deacon in the Church of England and one of the first women to be ordained priest [3] – and the Parochial Church Council had made written representations on the proposal, but the Bishop of Southwark duly approved the scheme in June 2020.’

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Law & Religion UK, 31st July 2024

Source: lawandreligionuk.com

Wiltshire serial fraudster and shoplifter who made more than £500k jailed – The Guardian

‘A woman who made more than half a million pounds by travelling throughout England and Wales shoplifting and then claiming refunds on the stolen goods has been jailed for 10 years.’

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The Guardian, 30th July 2024

Source: www.theguardian.com

How 1960s tragedies triggered a life-saving law – BBC News

Posted July 31st, 2024 in accidents, bereavement, employment, fire, health & safety, legal history, news by sally

‘Since the 1800s, laws had been passed to try to keep people safe at work.’

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BBC News, 31st July 2024

Source: www.bbc.co.uk

Using Universal Periodic Review Recommendations in UK Courts – Judicial Review

Posted July 30th, 2024 in human rights, judicial review, news, United Nations by sally

‘This article is the first to demonstrate how the United Nations Universal Periodic Review (UPR) recommendations can be used in UK domestic law and courts. The UPR is a cyclical review of UN member states’ human rights obligations. It is unique because it involves states (rather than judges or experts) scrutinising and making recommendations to one another on how they can improve human rights on the ground. These recommendations are then subject to a process of follow-up in the subsequent review, which will occur four to five years later when the state can then be scrutinised about their implementation of recommendations made in the previous cycle. The UPR was set up as an international political process, and as a consequence legal practitioners may be unaware of the UPR, or at least unfamiliar with its relevance to their work. Indeed, it has almost never featured in reported case law in England and Wales.’

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Judicial Review, 29th July 2024

Source: www.tandfonline.com

UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com

‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’

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OUT-LAW.com, 29th July 2024

Source: www.pinsentmasons.com

SRA ordered to pay costs after “flawed” ban on non-solicitor – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has ordered the Solicitors Regulation Authority (SRA) to pay costs of £5,000 after bringing a “flawed and misconceived” case against a non-solicitor.’

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Legal Futures, 30th July 2024

Source: www.legalfutures.co.uk

Slapping therapist guilty of manslaughter – BBC News

Posted July 29th, 2024 in homicide, juries, medical treatment, medicines, news by sally

‘An alternative healer has been found guilty of gross negligence manslaughter following the death of a woman at one of his workshops.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

A judicial reminder of the hard edges of the treatment regime under the MHA 1983 – Mental Capacity Law and Policy

Posted July 29th, 2024 in bills, Court of Protection, food, medical treatment, mental health, news by sally

‘North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case confirming the hard-edged nature of s.63 Mental Health Act 1983. It concerned a woman, KAG, who developed severe depression and in consequence was not eating or drinking. For extremely complicated reasons, including potentially crossed wires as to what the Official Solicitor’s position, the case ultimately came before Victoria Butler-Cole KC (sitting as a Deputy Tier 3 judge), who was asked to declare that it was lawful for a PEG to be inserted to provide KAG with clinically assisted nutrition and hydration.’

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Mental Capacity Law and Policy, 27th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Remote licensing hearings – Law Society’s Gazette

Posted July 29th, 2024 in licensing, local government, news, remote hearings by sally

‘On 28 April 2021 (in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin)) (Hertfordshire), Dame Victoria Sharp P and Chamberlain J considered whether the reference to a ‘meeting’ in schedule 12 to the Local Government Act 1972 (Meetings and Proceedings of Local Authorities) could include a meeting conducted wholly or partly remotely. The court decided it could not. ‘The question for us,’ they remarked, ‘is not what “meeting” means in the abstract, or in some other context, but what it means in the particular statutory context of schedule 12 to the 1972 act’, which needed to be read as a whole. Schedule 12 (among other things) included obligations to hold the meeting ‘at such place, either within or without their area’ as a principal council, parish council or community council may direct. Consequently, ‘a “place within or without the area” is most naturally interpreted as a reference to a particular geographical location and would not naturally encompass an online location’. And: ‘Attending a meeting at a single specified geographical location would… ordinarily mean physically going to that location.’’

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Law Society's Gazette, 26th July 2024

Source: www.lawgazette.co.uk

The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations – Mental Capacity Law and Policy

‘How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin), Gywnneth Knowles J has looked at it from the perspective of Article 3 ECHR. In Re P (Vulnerable Adult: Withdrawal of Application) [2024] EWHC 1882 (Fam), she was asked to consider the question of whether she should continue to use the powers of the High Court to compel a 29 year old woman to live apart from her father.’

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Mental Capacity Law and Policy, 28th July 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Drunk driver guilty of killing pedestrian – BBC News

Posted July 29th, 2024 in drunk in charge, homicide, news by sally

‘A drunk driver who knocked down a pedestrian in north London while speeding on the wrong side of the road has been convicted of causing death by dangerous driving.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

Assisted dying bill introduced in Parliament – BBC News

Posted July 29th, 2024 in assisted suicide, bills, news by sally

‘A bill which would allow terminally ill adults with six months or fewer to live to get medical help to end their own lives has been introduced in the House of Lords, by former Labour Justice Secretary Lord Falconer.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

Paedophile Anthony Stocks who raped girl and threw boy off 100ft Brighton cliff jailed – The Independent

‘A paedophile who pushed a boy off a 100ft cliff to prevent him from revealing that he was raping a young girl has been jailed.’

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The Independent, 28th July 2024

Source: www.independent.co.uk

Trafficking victims may be able to recover in UK in Home Office U-turn – The Guardian

‘Thousands of trafficking victims at risk of being forcibly removed from the country will now have their right to recover in the UK from the effects of exploitation considered after the Home Office settled a major case.’

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The Guardian, 28th July 2024

Source: www.theguardian.com

Man who killed ‘kind and popular’ barman is jailed – BBC News

Posted July 29th, 2024 in homicide, imprisonment, news, sentencing by sally

‘A man who killed a “popular” barman who had become a father shortly before his death has been jailed.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk

Anurag Deb and Colin Murray: An Unfortunate Legacy: Fixing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 – UK Constitutional Law Association

‘The Labour Government comes into office seeking to indicate, as a priority, that it is making a break from its predecessors. That much is central to a manifesto simply entitled Change. Prominent within this agenda is an effort to reset relations with the Irish Government and attempt to restore a partnership around Northern Ireland affairs. This relationship, already strained by years of fraught Brexit negotiations, was upended when the Conservative Government pushed through the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (‘the Legacy Act’) in an effort to draw a line under legal actions relating to the conflict in Northern Ireland.’

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UK Constitutional Law Association, 29th July 2024

Source: ukconstitutionallaw.org

Man jailed for murdering lodger and cutting up body – BBC News

Posted July 29th, 2024 in imprisonment, murder, news, perverting the course of justice, sentencing by sally

‘A man has been jailed for a minimum of 19 years for murdering his lodger and scattering his severed body parts in packages and a suitcase.’

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BBC News, 26th July 2024

Source: www.bbc.co.uk