Mother in FGM case ‘betrayed’ three-year-old daughter by mutilating her, as she is sentenced to 13 years – Daily Telegraph

‘The first person to be convicted of FMG in Britain “betrayed” her three-year-old daughter by mutilating her, a judge said, as she jailed her for 13 years.’

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Daily Telegraph, 8th March 2019

Source: www.telegraph.co.uk

Lords urge tougher rules for tech firms – BBC News

Posted March 11th, 2019 in data protection, internet, news, ombudsmen, parliament, privacy, regulations, standards by sally

‘Tech firms, such as Google and Facebook, must improve their “inadequate” responses to privacy and data breaches and anti-social content, a House of Lords report says.’

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BBC News, 9th March 2019

Source: www.bbc.co.uk

Successful Judicial Review of Benefits Payment in the UK – Oxford Human Rights Hub

Posted March 11th, 2019 in benefits, equality, judicial review, news, statutory interpretation by sally

‘R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work.’

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Oxford Human Rights Hub, 11th March 2019

Source: ohrh.law.ox.ac.uk

Youth prison put inmates in solitary confinement for up to 23 hours a day – The Guardian

‘A prison for young adults has been placed in special measures by the government after it was found that inmates were locked alone in their cells for up to 23 hours a day – a practice campaigners have described as de facto solitary confinement.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

“Prevent” ban on extremist speakers at universities is “unlawful”, Court of Appeal rules – Daily Telegraph

‘”Prevent” ban on extremist speakers at universities is “unlawful”, the Court of Appeal has ruled.’

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Daily Telegraph, 8th March 2019

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 11th, 2019 in legislation by tracey

The Sprouts and Seeds (Amendment) (EU Exit) Regulations 2019

The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019

The Environment (Amendment etc.) (EU Exit) Regulations 2019

The Public Service Pensions Revaluation Order 2019

The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

The Oil and Gas Authority (Levy) and Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2019

The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019

The Invasive Alien Species (Enforcement and Permitting) Order 2019

The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019

The Wine (Amendment) Regulations 2019

The Sea Fish Licensing (England) (EU Exit) Regulations 2019

The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019

The Railways (Access, Management and Licensing of Railway Undertakings) (Amendments etc.) (EU Exit) Regulations 2019

The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019

The National Health Service (Charges to Overseas Visitors) (Amendment etc.) (EU Exit) Regulations 2019

The Stamp Duty and Stamp Duty Reserve Tax (Amendment) (EU Exit) Regulations 2019

The Customs (Enforcement of Intellectual Property Rights) (Amendment) (EU Exit) Regulations 2019

The Value Added Tax (Miscellaneous Amendments, Revocation and Transitional Provisions) (EU Exit) Regulations 2019

The Merchant Shipping (Registration of Ships) (Amendment) (EU Exit) Regulations 2019

The Bilateral Investment Agreements (Transitional Arrangements and Framework for Managing Financial Responsibility) (Revocation) (EU Exit) Regulations 2019

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2019

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2019

Source: www.legislation.gov.uk

Court of Appeal decision about orders for post-adoption contact – Transparency Project

Posted March 11th, 2019 in adoption, appeals, children, contact orders, families, fostering, news by sally

‘Re B (A Child) (Post-adoption contact) [2019] EWCA Civ 29 is the first time (since a change in the law in 2014) that the Court of Appeal has considered when an order should be made that an adopted child will have continuing contact with their birth family after he or she is adopted.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

BAILII: Recent Decisions

Posted March 11th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Butt, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 256 (08 March 2019)

Crumpler & Anor (Liquidators of Peak Hotels And Resorts Ltd) v Candey Ltd [2019] EWCA Civ 345 (08 March 2019)

Court of Appeal (Criminal Division)

Morrison, R v [2019] EWCA Crim 351 (08 March 2019)

High Court (Chancery Division)

Price v Saundry & Anor [2019] EWHC 496 (Ch) (07 March 2019)

High Court (Commercial Court)

The Chartered Institute of Arbitrators v B & Ors [2019] EWHC 460 (Comm) (07 March 2019)

Bostani & Ors v Pieper & Anor [2019] EWHC 547 (Comm) (04 March 2019)

High Court (Queen’s Bench Division)

Murray v Oxford University Hospitals NHS Trust [2019] EWHC 539 (QB) (08 March 2019)

Keh v Homerton University Hospitals NHS Foundation Trust [2019] EWHC 548 (QB) (08 March 2019)

Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB) (08 March 2019)

Al-Iqra & Ors v DSG Retail Ltd [2019] EWHC 429 (QB) (07 March 2019)

Horn v Chipperfield [2019] EWHC 537 (QB) (07 March 2019)

Butler v Bankside Commercial Ltd [2019] EWHC 510 (QB) (07 March 2019)

Source: www.bailii.org

Judicial review is not “politics by another means” – UK Human Rights Blog

Posted March 11th, 2019 in appeals, brexit, judicial review, news, referendums by sally

‘The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act 2017. The applicants sought a declaration that this was unlawful because it was “based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU”.’

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UK Human Rights Blog, 9th March 2019

Source: ukhumanrightsblog.com

Capacity to use the internet – Transparency Project

‘Two recent judgments in the Court of Protection sparked the usual inaccurate headlines suggesting that the court had ridden roughshod over the rights of adults with learning difficulties to access the internet, and more specifically social media. In particular this one from The Times stood out: Social workers can stop vulnerable people using social media.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

District council defeats challenge to listing of pub as asset of community value – Local Government Lawyer

Posted March 11th, 2019 in appeals, assets of community value, fire, local government, news, planning by sally

‘East Hertfordshire District Council has successfully defended its decision to list a currently empty pub as an asset of community value.’

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Local Government Lawyer, 8th March 2019

Source: www.localgovernmentlawyer.co.uk

House of Lords report calls for digital super-regulator – The Guardian

Posted March 11th, 2019 in children, duty of care, internet, news, ombudsmen, parliament, regulations, standards by sally

‘The House of Lords has called for the creation of a digital super-regulator to oversee the different bodies charged with safeguarding the internet and replace the “clearly failing” system of self-regulation by big technology companies.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

Police guilty of gross misconduct in domestic abuse murder case – The Guardian

‘Police officers risk losing their jobs and pensions if they fail to properly investigate domestic abuse including stalking, harassment and coercive control following a landmark misconduct ruling.’

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The Guardian, 9th March 2019

Source: www.theguardian.com

Mixed fortunes for UK government in planning rulings – OUT-LAW.com

‘The UK government has successfully defended a legal challenge against its decision to adopt a new National Planning Policy Framework (NPPF) in England last year, but guidance contained in that framework concerning ‘fracking’ has been ruled to be unlawful.’

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OUT-LAW.com, 8th March 2019

Source: www.out-law.com

Hallett tells senior lawyers to step up on discrimination – Legal Futures

‘Top women judges have called on senior lawyers to take responsibility for ensuring there is no discrimination in their organisations rather than leaving it to diversity specialists.’

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Legal Futures, 11th March 2019

Source: www.legalfutures.co.uk

Gun in Paul Cleeland murder trial ‘did not kill victim’ – BBC News

‘A forensic report on a murder in 1972 has proved the gun relied on at trial did not kill the victim, lawyers claim.’

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BBC News, 11th March 2019

Source: www.bbc.co.uk

CQC rebuked for failure to prosecute charity over care home abuse – The Guardian

‘The health and social care regulator has been heavily criticised for issuing only a fixed penalty notice to a charity that ran a care home where autistic people were taunted, bullied and humiliated.’

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The Guardian, 10th March 2019

Source: www.theguardian.com