Welsh teenager jailed for attacking trans woman and sharing terrorist documents – The Guardian

Posted September 20th, 2024 in news by sally

‘A teenage far-right extremist has been jailed for more than five years for sharing terrorist documents and attacking a transgender woman by kicking her in the head before posting “best day ever” online.’

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The Guardian, 19th September 2024

Source: www.theguardian.com

Fathers who took sons to asylum hotel riot jailed – BBC News

Posted September 20th, 2024 in news by sally

‘Two fathers who took their sons to a riot at a hotel housing asylum seekers are the latest to be jailed in connection with the disorder.’

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BBC News, 19th September 2024

Source: www.bbc.co.uk

Forging documents in litigation constituted an unlawful means conspiracy (Takhar v Gracefield Developments Ltd and others) – Gatehouse Chambers

Posted September 20th, 2024 in news by sally

‘Dispute Resolution analysis: Having set aside an earlier judgment on the basis that the claim had been defeated by a forged document, the Claimant was able to use that same forgery to found a successful new claim for unlawful means conspiracy.’

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Gatehouse Chambers, 21st August 2024

Source: gatehouselaw.co.uk

Protests, human rights and criminal activity – Law Society’s Gazette

Posted September 20th, 2024 in news by sally

‘When are university and other protests impermissible? When ‘a protest turns into a base camp for criminal activity’, said Ritchie J on 19 June 2024, giving judgment in University of Birmingham v Persons Unknown (1) and Mariyah Ali (2) [2024] EWHC 1529 (KB). And while concerning a university, this is also relevant to local government.’

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Law Society's Gazette, 19th September 2024

Source: www.lawgazette.co.uk

Tackling theft or improper use of confidential information in the civil courts – OUT-LAW.com

Posted September 20th, 2024 in news by sally

‘Businesses faced with the theft or unauthorised use of their confidential data have a suite of remedies available to them in the civil courts to recover that data or prevent its further use.’

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OUT-LAW.com, 19th September 2024

Source: www.pinsentmasons.com

Social worker awarded £55k and £8k costs after accusing council employer of discriminating against protected beliefs – Local Government Lawyer

Posted September 20th, 2024 in news by sally

‘A social worker who worked for Cambridgeshire County Council has been awarded more than £55,000 in compensation and £8,000 in costs, after asserting that she was discriminated against for reasons relating to her gender critical beliefs and/or sexual orientation.’

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Local Government Lawyer, 20th September 2024

Source: www.localgovernmentlawyer.co.uk

‘Hundreds’ of prisoners freed early in England and Wales not fitted with tags – The Guardian

Posted September 20th, 2024 in news by sally

‘Prisoners freed early to ease overcrowding in jails have not been fitted with electronic tags despite it being a condition of their release, prompting criticism from a parliamentary watchdog.’

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The Guardian, 19th September 2024

Source: www.theguardian.com

Secretary of State for Justice agrees to release dying prisoner on compassionate grounds following legal challenge – No. 5 Barristers Chambers

Posted September 19th, 2024 in chambers articles, early release, health, judicial review, news, prisons, probation by sally

‘On Friday 16 August 2024, following the urgent judicial review proceedings and interim relief application brought by the Prisoners’ Advice Service, instructing Philip Rule KC and Mirren Gidda of No5 Barristers’ Chambers, the Secretary of State for Justice agreed to grant early release on compassionate grounds (‘ERCG’) to a prisoner dying of stage 4 cancer and whose prognosis is just 6 weeks or so expected left to live.’

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No. 5 Barristers Chambers, 20th August 2024

Source: www.no5.com

Cricket Discipline Commission fines Essex £100,000 for ‘systemic’ racism – The Guardian

Posted September 19th, 2024 in disciplinary procedures, fines, news, racism, sport by sally

‘Essex have been fined £100,000 – half of it suspended for two years – by the Cricket Discipline Commission after admitting to the “systemic use” of racist language at the club from 2001 to 2010 which they “failed to address”.’

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The Guardian, 18th September 2024

Source: www.theguardian.com

Advertising watchdog investigates RSPCA Assured adverts after complaints of ‘misleading’ claims – The Independent

Posted September 19th, 2024 in advertising, animal cruelty, animals, charities, complaints, news, ombudsmen by sally

‘The advertising watchdog has launched an investigation into adverts by the RSPCA, following complaints that claims in them are misleading.’

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The Independent, 19th September 2024

Source: www.independent.co.uk

Man jailed for Telegram race hate posts amid riots – BBC News

‘A man who used a fake name to send “vile” racist messages on a messaging app with thousands of members to provoke violence has been jailed for two years and four months.’

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BBC News, 18th September 2024

Source: www.bbc.co.uk

Law Pod UK latest: Raising Racism at Inquests – UK Human Rights Blog

Posted September 19th, 2024 in barristers, families, human rights, inquests, news, podcasts, racism by sally

‘In Episode 201 Emma-Louise Fenelon speaks to Emma Snell of JUSTICE and Christian Weaver, a barrister at Garden North Chambers about Achieving Racial Justice at Inquests: A Practitioner’s Guide (2024), a guide recently published by JUSTICE and INQUEST.’

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UK Human Rights Blog, 18th September 2024

Source: ukhumanrightsblog.com

Iraqi refugee wins legal battle to prove he was a child when he arrived in UK – The Guardian

‘A child refugee who fled Iraq has won a three-year legal battle to prove he was only 16 when he arrived undocumented in the UK, not eight to 10 years older, as British officials claimed, citing his facial hair and broad shoulders.’

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The Guardian, 18th September 2024

Source: www.theguardian.com

Half of NHS maternity units slammed by CQC as inadequate or ‘requires improvement’ – The Independent

Posted September 19th, 2024 in birth, hospitals, news, ombudsmen, pregnancy, quality assurance, statistics by sally

‘Nearly half of NHS maternity units in England have been rated as inadequate or requiring improvement, according to the findings of inspections by the healthcare watchdog.’

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The Independent, 19th September 2024

Source: www.independent.co.uk

Regulators and lawyers “must do more” for learning disabled clients – Legal Futures

Posted September 19th, 2024 in disabled persons, equality, law firms, learning difficulties, news by sally

‘Legal regulators have been urged to develop a ‘disability-friendly’ quality mark for law firms, who in turn should hand out ‘easy read’ client information for those with learning disabilities.’

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Legal Futures, 19th September 2024

Source: www.legalfutures.co.uk

Tribunal rejects barrister’s bid to have ‘boys’ club’ disciplinary case thrown out – The Guardian

‘A tribunal has rejected a barrister’s request for it to throw out disciplinary proceedings brought against her for saying a judge had shown a “boys’ club attitude”, but it ruled that she can argue that the regulator discriminated against her because she is a woman.’

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The Guardian, 18th September 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted September 18th, 2024 in law reports by tracey

Supreme Court

UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30 (18 September 2024)

High Court (Administrative Court)

XYM, R (On the Application Of) v West London Family Court & Anor [2024] EWHC 2372 (Admin) (17 September 2024)

Government of the Republic of Turkiye v Demir [2024] EWHC 2351 (Admin) (17 September 2024)

Bredhurst Parish Council v Maidstone Borough Council & Ors [2024] EWHC 2373 (Admin) (17 September 2024)

High Court (Chancery Division)

Keilaus & Anor v Houghton & Anor [2024] EWHC 2108 (Ch) (17 September 2024)

Omnimax International LLC v Cullen & Ors [2024] EWHC 2367 (Ch) (17 September 2024)

High Court (Commercial Court)

Yangtze Navigation (Asia) Co Ltd & Anor v TPT Shipping Ltd & Ors [2024] EWHC 2371 (Comm) (18 September 2024)

Tumpuan Megah Development Sdn Bhd v ING Bank NV & Anor [2024] EWHC 2350 (Comm) (17 September 2024)

High Court (King’s Bench Division)

Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024)

Source: www.bailii.org

King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent – Gatehouse Chambers

Posted September 18th, 2024 in appeals, chambers articles, contracts, damages, debts, deposits, news by sally

‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’

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Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

UK riots: boy, 12, becomes youngest person in England to be sentenced – The Guardian

Posted September 18th, 2024 in compensation, immigration, news, sentencing, violent disorder, young offenders by sally

‘A 12-year-old boy, who is the youngest known person in England to have been charged in connection with widespread disorder in UK cities earlier this summer, has been given a 12-month a referral order.’

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The Guardian, 17th September 2024

Source: www.theguardian.com

Outsourcing and the Human Rights Act 1998 – the consequences – Mental Capacity Law and Policy

‘Without straying into politics, Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) is a case which demonstrates the consequences of the fact that much state-funded care – including coercive mental health care – is now delivered privately. It concerns a man, Paul Sammut, who had what was described as a chronic, enduring and treatment resistant schizophrenia. For large parts of his adult life, he was detained under s.3 Mental Health Act 1983.’

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Mental Capacity Law and Policy, 16th September 2024

Source: www.mentalcapacitylawandpolicy.org.uk