Day: 27 February 2019

Equality Act – Local Government Law

Posted February 27th, 2019 in disability discrimination, disabled persons, equality, local government, London, news, statutory interpretation, taxis by tracey

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

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Local Government Law, 25th February 2019

Source: local-government-law.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 27th, 2019 in legislation by tracey

The Tax Credits, Child Benefit and Childcare Payments (Miscellaneous Amendments) Regulations 2019

The Representation of the People (Election Expenses Exclusion) (Amendment) Order 2019

The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) (England) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 27th, 2019 in law reports by tracey

Supreme Court

Finucane, Re Application for Judicial Review (Northern Ireland) [2019] UKSC 7 (27 February 2019)

Konecny v District Court in Brno-Venkov, Czech Republic [2019] UKSC 8 (27 February 2019)

High Court (Administrative Court)

Jane v Westminster Magistrates’ Court & Ors [2019] EWHC 394 (Admin) (26 February 2019)

High Court (Chancery Division)

Briggs & Ors v Clay & Ors [2019] EWHC 102 (Ch) (25 February 2019)

JUUL Labs, Inc. & Anor v Quick XUUL Ltd & Ors [2019] EWHC 368 (Ch) (22 February 2019)

High Court (Family Division)

Button v Salama & Anor [2019] EWHC 363 (Fam) (26 February 2019)

Cowan v Foreman & Ors [2019] EWHC 349 (Fam) (25 February 2019)

High Court (Patents Court)

TQ Delta, LLC v Zyxel Communications UK Ltd & Anor [2019] EWHC 353 (Pat) (19 February 2019)

Source: www.bailii.org

First-lodged bankruptcy petition should be heard first, says High Court – OUT-LAW.com

Posted February 27th, 2019 in appeals, bankruptcy, documents, judges, news, service by tracey

‘A judge in the Insolvency and Companies Court (ICC) was wrong to adjourn a bankruptcy petition hearing, an action which meant that the first creditors to present bankruptcy petitions would have their case heard first. The High Court in England has said that the ICC judge should have given reasons for not following two previous ICC orders that the first petition be heard first.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

Mental capacity for handling the internet: Court of Protection – UK Human Rights Blog

Posted February 27th, 2019 in bullying, Court of Protection, disabled persons, harassment, internet, learning difficulties, news, rape, sexual grooming, sexual offences by tracey

‘A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2. In this case Cobb J was asked to make declarations under the Mental Capacity Act 2005 regarding a learning disabled man’s capacity to use the internet and social media.’

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UK Human Rights Blog, 27th February 2019

Source: ukhumanrightsblog.com

Analysis: Child Arrangement Order – Family Law

Posted February 27th, 2019 in children, dispute resolution, divorce, families, news, parental responsibility, parental rights by tracey

‘According to Azhar Hussain, solicitor-Advocate and head of family at Optimal Solicitors, a child arrangement order may be necessary to resolve disagreements regarding where and with who children will live, or how much time they will spend with a parent or other person with whom they do not live.’

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Family Law, 27th February 2019

Source: www.familylaw.co.uk

Analysis: Parental alienation and the new Cafcass assessment framework – Family Law

Posted February 27th, 2019 in children, divorce, families, news, parental responsibility, parental rights by tracey

‘Laura Hughes and Rebecca Dziobon, of Penningtons Manches LLP, discuss parental alienation, a form of psychological abuse against both the child and the rejected parent, and which is a concept that is becoming more recognised and understood in the UK.’

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Family Law, 27th February 2019

Source: www.familylaw.co.uk

Lawyers face new duties to keep litigants in person informed – Law Society’s Gazette

Posted February 27th, 2019 in appeals, civil procedure rules, closed material, codes of practice, consultations, costs, delay, litigants in person, Ministry of Justice, news, reporting restrictions by tracey

‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’

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Law Society's Gazette, 26th February 2019

Source: www.lawgazette.co.uk

BT advert banned for unsubstantiated broadband speed claims – The Independent

Posted February 27th, 2019 in advertising, internet, news, telecommunications by tracey

‘BT has been ordered not to run an ad which claimed that its broadband package featured the “UK’s most powerful WiFi”.’

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The Independent, 27th February 2019

Source: www.independent.co.uk

Criminal investigation launched into circumstances which led to soldier’s death at Deepcut Barracks – Daily Telegraph

Posted February 27th, 2019 in armed forces, assault, bullying, coroners, inquests, misfeasance in public office, news, suicide by tracey

‘Surrey Police have opened a criminal investigation into the circumstances which led to the death of a soldier who was kicked and punched by an instructor days before his suicide.’

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Daily Telegraph, 26th February 2019

Source: www.telegraph.co.uk

Black cab drivers lose High Court challenge against Uber’s London licence – The Independent

Posted February 27th, 2019 in bias, conflict of interest, judges, licensing, London, news, taxis by tracey

‘Black cab drivers have lost a High Court challenge against Uber’s London operating licence, after senior judges rejected their claims of bias.’

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The Independent, 26th February 2019

Source: www.independent.co.uk

Sally Challen: Hammer killer wife in ‘landmark’ appeal – BBC News

Posted February 27th, 2019 in appeals, coercive & controlling behaviour, domestic violence, families, murder, news, victims by tracey

‘A woman who bludgeoned her husband to death with a hammer is set to challenge her murder conviction in what is being described as a landmark case.’

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BBC News, 27th February 2019

Source: www.bbc.co.uk

Lip filler advert banned after it suggested procedure was ‘as commonplace’ as getting haircut – Daily Telegraph

Posted February 27th, 2019 in advertising, children, complaints, cosmetic surgery, news, ombudsmen by tracey

‘An advert for lip fillers has been banned for suggesting the procedure was “as commonplace as getting your hair done”.’

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Daily Telegraph, 27th February 2019

Source: www.telegraph.co.uk

James Bulger: Father of murdered toddler in legal bid to reveal more details about killer’s new life – The Independent

Posted February 27th, 2019 in anonymity, bereavement, child abuse, children, contempt of court, disclosure, families, indecent photographs of children, internet, murder, news, public interest, recidivists, rehabilitation, victims by tracey

‘The father and uncle of murdered toddler James Bulger have begun a legal battle for information about one of the killers, Jon Venables, to be made public.’

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The Independent, 26th February 2019

Source: www.independent.co.uk

Tommy Robinson banned from Facebook and Instagram – The Guardian

Posted February 27th, 2019 in freedom of expression, hate crime, internet, Islam, news, religiously aggravated offences by tracey

‘Tommy Robinson, the far-right founder of the English Defence League, has been permanently banned from Facebook and Instagram for repeatedly breaking policies on hate speech, Facebook said.’

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The Guardian, 26th February 2019

Source: www.theguardian.com