Fine after builder paralysed while working on house – BBC News

Posted November 6th, 2024 in news by tracey

‘A builder fears he may not be able to walk his daughters down the aisle after he was left paralysed when he fell through a ceiling. Andrew Clifford misses the simple things he used to love – the gardening, washing the car and jobs around his family home in Chesterfield, Derbyshire. Now, he says, he cannot wash or dress himself after he fell two years ago when he was working on a house for Mansfield-based Paul Freeman Ltd. The company was fined £40,000 on Monday at Southern Derbyshire Magistrates’ Court over a health and safety breach in relation to the fall.’

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BBC News, 5th November 2024

Source: www.bbc.co.uk

Online services should prepare to conduct illegal content risk assessment – OUT-LAW.com

Posted November 6th, 2024 in codes of practice, enforcement, internet, news, ombudsmen by tracey

‘Online service providers in scope of the UK’s Online Safety Act (OSA) should get ahead and prepare to conduct an illegal content risk assessment to ensure they do not fall foul of Ofcom’s enforcement powers, an expert has said.’

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OUT-LAW.com, 5th November 2024

Source: www.pinsentmasons.com

HMO licensing appeals: to re-hear, or not to re-hear? – Local Government Lawyer

‘Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Improvement or remediation, or both? – Local Government Lawyer

‘Robert Bowker considers how the First-tier Tribunal (FTT) has dealt with fire safety cases where an improvement notice under the Housing Act 2004 has been served and an application for a remediation order under s. 123 of the Building Safety Act 2022 has been made.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Renters’ Rights Bill – Supported Housing Providers focus: new grounds for possession – Local Government Lawyer

Posted November 6th, 2024 in bills, housing, landlord & tenant, local government, news, rent by tracey

‘Matthew Watts and Sarah Orchard briefly explore the changes being proposed in the Renters’ Rights Bill and consider some of the impacts on the supported housing sector, where flexibility in management of housing stock is often key.’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Unapologetic SRA dismisses Axiom Ince report as “opinion” – Legal Futures

‘The leaders of the Solicitors Regulation Authority (SRA) yesterday refused to apologise to the profession about the Axiom Ince collapse as they dismissed the report criticising its actions as just opinion.’

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BBC news, 6th November 2024

Source: www.legalfutures.co.uk

Ex-head of police standards banned for drink-driving – BBC news

‘The former head of a police force’s professional standards department has been banned from driving after “swerving all over the road” while drink-driving.’

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BBC News, 5th November 2024

Source: www.bbc.co.uk

Broadmoor nurse struck off for patient relationship – BBC News

Posted November 6th, 2024 in disciplinary procedures, hospitals, news, nurses, professional conduct by tracey

‘A nurse who had a relationship with a patient at a high-security psychiatric hospital before resuming it years later has been struck off.’

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BBC News, 6th November 2024

Source: www.bbc.co.uk

Scores of taxi drivers given licenses despite having convictions for violent offences – The Independent

‘Scores of taxi drivers have been able to obtain licenses despite having convictions for violent offences, a charity has found. Data obtained following a Freedom of Information (FOI) request reveals drivers with convictions, including for violent crimes like assault, battery and harassment, have still been given licences even though licensing authorities are aware of the offences they committed.’

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The Independent, 5th November 2024

Source: www.independent.co.uk

Domestic abuse victim’s new home address leaked to ex-partner after data breach – The Independent

‘A domestic abuse victim said she was left fearing for her life after a company which obtains restraining orders accidentally leaked her home address to her ex-partner.’

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The Independent, 5th November 2024

Source: www.independent.co.uk

Ban to stop children from ever smoking a cigarette to be introduced in Parliament – The Independent

Posted November 6th, 2024 in bills, children, health, news, smoking by tracey

‘A ban to stop children from legally smoking tobacco when they become adults is set to be introduced in Parliament.’

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The Independent, 5th November 2024

Source: www.independent.co.uk

Swearing at work is particularly common in north of England, judge says – The Guardian

Posted November 6th, 2024 in employment, employment tribunals, judges, news, unfair dismissal by tracey

‘As every southerner knows, people from the north of England will not eat chips without gravy, insist on talking to every stranger they meet and often sport a flat cap when walking the whippet. But do they also swear more? In an employment tribunal judgment that raises further questions about regional stereotypes, a judge has suggested that swearing in the workplace is particularly common in the north.’

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The Guardian, 5th November 2024

Source: www.theguardian.com

Watchdog rules Eurostar ads on social media for £39 seats were misleading – The Guardian

Posted November 6th, 2024 in advertising, internet, news, ombudsmen, railways by tracey

‘Cross-channel train operator Eurostar has been criticised by the advertising watchdog for exaggerating the number of £39 seats on sale. The Advertising Standards Authority (ASA) ruled that Eurostar ads across Instagram and Facebook for £39 tickets from London to Amsterdam and Brussels were misleading, the second time it has censured its ads this year.’

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The Guardian, 6th November 2024

Source: www.theguardian.com

Bill to ban police cell mental health detentions – BBC News

Posted November 6th, 2024 in bills, detention, mental health, news, police by tracey

‘Police will no longer be able to hold people who are being detained for mental health reasons in police cells, under government plans for England and Wales.’

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BBC News, 6th November 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 6th, 2024 in Uncategorized by tracey

High Court (Chancery Division)

Ballard & Ors v Buzzard [2024] EWHC 2765 (Ch) (04 November 2024)

Nardelli & Ors v Richardson & Anor [2024] EWHC 2740 (Ch) (04 November 2024)

Blower v GH Canfields LLP [2024] EWHC 2763 (Ch) (04 November 2024)

Maxima Creditor Resolutions Ltd v Fealy & Anor [2024] EWHC 2694 (Ch) (01 November 2024)

Wythe & Ors v Zavos [2024] EWHC 2784 (Ch) (01 November 2024)

Abrey v Abrey & Ors [2024] EWHC 2689 (Ch) (31 October 2024)

Thomas v Southwark Council [2024] EWHC 2739 (Ch) (31 October 2024)

Ponsford & Anor v Sali & Anor [2024] EWHC 2748 (Ch) (31 October 2024)

Shorts International Ltd v Google LLC [2024] EWHC 2738 (Ch) (31 October 2024)

Barclays Bank PLC v Dylan & Ors [2024] EWHC 2776 (Ch) (30 October 2024)

Kagbara & Ors v Leigh Day Solicitors (A Firm) [2024] EWHC 2759 (Ch) (30 October 2024)

Rollerteam Ltd v Riley & Anor [2024] EWHC 2736 (Ch) (30 October 2024)

Lloyds Bank PLC v Mealham & Anor [2024] EWHC 2737 (Ch) (29 October 2024)

SP Commodities Ltd, Re [2024] EWHC 2747 (Ch) (29 October 2024)

Light SA, Re [2024] EWHC 2733 (Ch) (28 October 2024)

High Court (King’s Bench Division)

Thurrock Council & Anor v Adams & Ors [2024] EWHC 2750 (KB) (30 October 2024)

Farnham v East of England Ambulance Service (Re COVID Healthcare Workers Litigation – preliminary case management) [2024] EWHC 2712 (KB) (29 October 2024)

Pacini & Anor v Dow Jones & Company Inc [2024] EWHC 2714 (KB) (29 October 2024)

Duke v Moores & Ors [2024] EWHC 2746 (KB) (29 October 2024)

Lowry Trading Ltd & Anor v Musicalize Ltd & Ors [2024] EWHC 2653 (KB) (28 October 2024)

HM Solicitor General v Yaxley-Lennon (aka Tommy Robinson) [2024] EWHC 2732 (KB) (28 October 2024)

M & S Restorations Ltd v Banco Santander Totta SA [& Ors [2024] EWHC 2724 (KB) (28 October 2024)

Souurce: www.bailii.org

Trainee PC who made rape joke banned from police – BBC News

Posted November 5th, 2024 in disciplinary procedures, news, police, professional conduct, rape, women by tracey

‘A trainee police officer who joked about raping a colleague has been told he would have been sacked had he not already resigned.’

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BBC News, 5th November 2024

Source: www.bbc.co.uk

Employment Rights Bill: An Overview – 12 King’s Bench Walk

Posted November 5th, 2024 in bills, chambers articles, employment, news by tracey

‘The Employment Rights Bill, introduced to Parliament on 10 October 2024, is said to be the first phase of delivering Labour’s 2Plan to Make Work Pay” and follows the Government’s manifesto commitment to introduce (draft) legislation within the first 100 days of coming to office.’

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12 King’s Bench Walk, 4th November 2024

Source: 12kbwemploymentlaw.wordpress.com

AK on Shipping, Monthly, Issue 8 – 4-5 Gray’s Inn Square

Posted November 5th, 2024 in chambers articles, contracts, duty of care, news, shipping law, ships, theft by tracey

‘This month’s issue reviews the summaries of two cases decided in May 2024: (i) MUR Shipping BV v RTI Ltd [2024] UKSC 18 and (ii) Great Lakes Reinsurance (UK) Plc v RAV Bahamas Ltd [2024] UKPC 11.’

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4-5 Gray’s Inn Square, 4th November 2024

Source: www.4-5.co.uk

BAILII: Recent Decisions

Posted November 5th, 2024 in law reports by tracey

Supreme Court

JR222, Re Application for Judicial Review (Northern Ireland) [2024] UKSC 35 (30 October 2024)

Court of Appeal (Civil Division)

Malik v Malik [2024] EWCA Civ 1323 (04 November 2024)

AMS Ameropa Marketing and Sales AG & Anor v Ocean Unity Navigation Inc (Re ‘Doric Valour’) [2024] EWCA Civ 1312 (01 November 2024)

Meta Platforms Inc & Ors v Gormsen [2024] EWCA Civ 1322 (01 November 2024)

R (Child Abduction: Parent’s Refusal to Accompany) (Rev1) [2024] EWCA Civ 1296 (30 October 2024)

R & C (Adoption or Fostering) [2024] EWCA Civ 1302 (30 October 2024)

M (Children: Findings of Fact) [2024] EWCA Civ 1290 (29 October 2024)

Parsdome Holdings Ltd v Plastic Energy Global SL [2024] EWCA Civ 1293 (29 October 2024)

Haycocks v ADP RPO UK Ltd [2024] EWCA Civ 1291 (29 October 2024)

Court of Appeal (Criminal Division)

Hanna & Anor v Rex [2024] EWCA Crim 1315 (04 November 2024)

AEB & Ors, R. v [2024] EWCA Crim 1320 (01 November 2024)

High Court (Administrative Court)

Veres v Pecs Regional Court Hungary [2024] EWHC 2790 (Admin) (04 November 2024)

Director General of the Independent Office for Police Conduct, R (On the Application Of) v Police Misconduct Panel [2024] EWHC 2796 (Admin) (04 November 2024)

Jipa v Hunedoara County Court (Romania) [2024] EWHC 2785 (Admin) (01 November 2024)

Kubik v Polish Judicial Authority [2024] EWHC 2772 (Admin) (31 October 2024)

Khan, R (On the Application Of) v Crown Court at Manchester [2024] EWHC 2730 (Admin) (31 October 2024)

Werndl v District Court In Krakow, Poland [2024] EWHC 2771 (Admin) (31 October 2024)

Orsos v Tribunal of Pecs Hungary (Rev1) [2024] EWHC 2766 (Admin) (31 October 2024)

Davies, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 2711 (Admin) (31 October 2024)

District Court of Bratislava (Slovakia) v Soltes [2024] EWHC 2754 (Admin) (30 October 2024)

Abacus Land 1 (HoldCo 1) Ltd & Ors v Secretary of State for Housing, Communities and Local Government [2024] EWHC 2753 (Admin) (30 October 2024)

Milewska v Regional Court of Bialystok, Poland [2024] EWHC 2760 (Admin) (30 October 2024)

Green v Secretary of State for Levelling Up, Housing and Communities & Ors [2024] EWHC 2723 (Admin) (29 October 2024)

High Court (Commercial Court)

NMC Health Plc v Ernst & Young LLP (No. 1) [2024] EWHC 2792 (Comm) (01 November 2024)

NMC Health Plc v Ernst & Young LLP (No. 2) [2024] EWHC 2793 (Comm) (01 November 2024)

NMC Health Plc v Ernst & Young LLP (No. 3) [2024] EWHC 2794 (Comm) (01 November 2024)

Capgemini UK PLC v Dassault Systemes UK Ltd [2024] EWHC 2728 (Comm) (01 November 2024)

SATA Internacional – Azores Airline SA v Hi Fly Ltd [2024] EWHC 2762 (Comm) (31 October 2024)

SIA Investment Industry v Pardus Wealth Ltd [2024] EWHC 2774 (Comm) (31 October 2024)

Filatona Trading Ltd & Anor v Quinn Emanuel Urquhart & Sullivan UK LLP (Re Costs) [2024] EWHC 2751 (Comm) (30 October 2024)

Corfield v Howard [2024] EWHC 2727 (Comm) (30 October 2024)

Source: www.bailii.org

Stevie Martin: The Decriminalisation and Regulation of Assisted Suicide in England and Wales: Acknowledging and Addressing the Slippery Slope Argument – UK Constitutional Law Association

Posted November 5th, 2024 in assisted suicide, human rights, medical treatment, news by tracey

‘The introduction of Kim Leadbeater’s Private Member’s Bill which will, if enacted, legalise assisted suicide for “Terminally Ill Adults” in England and Wales has, unsurprisingly, drawn significant commentary from many quarters, including some legal academics and practitioners. This is despite the fact that, as yet, Leadbeater’s Bill has not been published.’

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UK Constitutional Law Association, 5th November 2024

Source: ukconstitutionallaw.org