Month: May 2019

Blood products and Jehovah’s Witnesses: DE – Law and Religion UK

Posted May 31st, 2019 in autism, blood products, consent, Court of Protection, learning difficulties, news by tracey

‘In Manchester University NHS Foundation Trust v DE [2019] EWCOP 19, DE was a 49-year-old woman who suffered from autism and mild learning difficulties: she and her mother were Jehovah’s Witnesses [3]. In April 2019, DE broke her leg, and the medical evidence was that she needed surgery and that there was a risk that she would require blood transfusion or blood products during the operation [4]. If she did not have the operation, her mobility would be impaired [5] and the need for an operation was urgent.’

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Law and Religion UK, 29th May 2019

Source: www.lawandreligionuk.com

HMRC wins ‘unallowable purpose’ case – OUT-LAW.com

Posted May 31st, 2019 in interest, news, taxation by tracey

‘A UK company had an “unallowable purpose” in issuing a promissory note and therefore could not deduct the interest payable to a US group company, the First-tier Tribunal in the UK has decided in a case concerning a company in the Oxford Instruments group.’

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OUT-LAW.com, 30th May 2019

Source: www.out-law.com

Withdrawal of life support: minimally conscious patients – UK Human Rights Blog

Posted May 31st, 2019 in consent, Court of Protection, medical treatment, news by tracey

‘A Clinical Commissioning Group v P (by her litigation friend the Official Solicitor) and TD [2019] EWCOP 18. The lesson to be learned from this case is to be careful of the hands into which you may fall, should you become incapacitated and end up in a vegetative or minimally conscious state.’

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UK Human Rights Blog, 30th May 2019

Source: ukhumanrightsblog.com

Proselytising nurse’s dismissal upheld by the Court of Appeal – UK Human Rights Blog

Posted May 31st, 2019 in Christianity, disciplinary procedures, human rights, news, nurses, unfair dismissal by tracey

‘Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818. The Court of Appeal unanimously ruled that a nurse’s dismissal for improper proselytising was not unfair and that the hospital trust’s decision was not in contravention of the claimant’s rights as guaranteed by Article 9 of the European Convention on Human Rights.’

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UK Human Rights Blog, 30th May 2019

Source: ukhumanrightsblog.com

Anti-abortion activists launch legal challenge against council over public spaces protection order – Local Government Lawyer

Posted May 31st, 2019 in abortion, demonstrations, local government, news, public order, public spaces protection orders by tracey

‘The London Borough of Richmond-upon-Thames faces a legal challenge from anti-abortion activists over a public spaces protection order (PSPO) it has imposed to restrain their protests.’

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Local Government Lawyer, 31st May 2019

Source: www.localgovernmentlawyer.co.uk

Couple jailed for harassing judge after birthday card sent to her home – Law Society’s Gazette

Posted May 31st, 2019 in family courts, harassment, judges, news, sentencing by tracey

‘A couple involved in contentious litigation sent a birthday card to the home address of the family judge hearing their case, telling her to “keep up the good work stealing for profit”, it has emerged. The incident was one of five highlighted in a High Court judgment handed down last month.’

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Law Society's Gazette, 30th May 2019

Source: www.lawgazette.co.uk

Criminal bar opens second front in fees dispute – Law Society’s Gazette

Posted May 31st, 2019 in barristers, criminal justice, fees, legal aid, news by tracey

‘The Criminal Bar Association (CBA) has shifted its focus from low prosecution fees onto “unacceptable flaws” in the Advocates Graduated Fee Scheme (AGFS).’

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Law Society's Gazette, 30th May 2019

Source: www.lawgazette.co.uk

Report raises alarm over police detention of vulnerable suspects – The Guardian

Posted May 31st, 2019 in autism, children, detention, learning difficulties, mental health, news, police, reports by tracey

‘Police officers detained and interviewed vulnerable suspects without an appropriate adult present more than 100,000 times last year in England and Wales, according to a charity report.’

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The Guardian, 31st May 2019

Source: www.theguardian.com

Sajid Javid accused of ‘human fly-tipping’ in Shamima Begum case – The Guardian

Posted May 31st, 2019 in citizenship, ministers' powers and duties, news, proscribed organisations, terrorism by tracey

‘A lawyer for Shamima Begum’s family has accused Sajid Javid of cancelling the citizenship of the teenager who joined Islamic State to further his ambitions of becoming prime minister, describing the case as “human fly-tipping”.’

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The Guardian, 31st May 2019

Source: www.theguardian.com

Minstrel singer Brian Davies wins race case appeal – BBC News

Posted May 30th, 2019 in appeals, harassment, news, racism by tracey

‘A man who dressed as a black and white minstrel and directed a “racist” song at a black colleague has had his racial harassment conviction quashed.’

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BBC News, 30th May 2019

Source: www.bbc.co.uk

Police recruit rejected because he was a white heterosexual male joins force which discriminated against him – Daily Telegraph

Posted May 30th, 2019 in employment tribunals, news, police, race discrimination, sex discrimination, sexual orientation discrimination by tracey

‘A university graduate will finally get to “follow in his father’s footsteps” as he joins the same police force which rejected him for being a white heterosexual man.’

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Daily Telegraph, 30th May 2019

Source: www.telegraph.co.uk

Rape victims’ therapy guidance needs urgent review – Labour – BBC News

Posted May 30th, 2019 in Crown Prosecution Service, mental health, news, police, prosecutions, rape, victims by tracey

‘Labour is calling for an urgent review into therapy for rape victims, amid claims the current guidance discourages people from seeking counselling.’

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BBC News, 30th May 2019

Source: www.bbc.co.uk

Two experts added to Grenfell inquiry to broaden oversight – The Guardian

Posted May 30th, 2019 in expert witnesses, fire, health & safety, inquiries, news by tracey

‘Grenfell survivors have welcomed the UK prime minister’s decision to appoint two more people to oversee the public inquiry into the disaster that claimed 72 lives, after raising concerns their interests risked being overlooked.’

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The Guardian, 30th May 2019

Source: www.theguardian.com

Victims in religious institutions less likely to report sexual abuse, says inquiry – The Independent

Posted May 30th, 2019 in child abuse, Christianity, clergy, news, sexual offences, statistics, victims by tracey

‘Children who suffer sexual abuse are significantly less likely to report it if it is being perpetrated in a religious institution, according to a major analysis of survivors’ experiences. A study by the Truth Project, part of the Independent Inquiry into Child Sexual Abuse (IICSA), drew upon the experiences of 183 individuals who were abused as children in religious institutions, or by clergy or church staff in other settings.’

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The Independent, 30th May 2019

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 30th, 2019 in legislation by tracey

The Companies (Directors’ Remuneration Policy and Directors’ Remuneration Report) Regulations 2019

Source: wwww.legislation.gov.uk

Possession and the PSED (again) – Nearly Legal

Posted May 30th, 2019 in appeals, delay, equality, housing, landlord & tenant, mental health, news, proportionality, repossession by tracey

‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’

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Nearly Legal, 28th May 2019

Source: nearlylegal.co.uk

Tribunal confirms surcharge on pension liberation scheme user – OUT-LAW.com

Posted May 30th, 2019 in HM Revenue & Customs, loans, news, penalties, pensions, taxation by tracey

‘An unauthorised payment surcharge imposed on an individual who participated in a pension liberation scheme was confirmed by the tax tribunal as it said the individual had not acted reasonably in entering into the scheme.’

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OUT-LAW.com, 29th May 2019

Source: www.out-law.com

Not discrimination to pay male officers less for shared parental leave than female officers on maternity leave – UK Police Law Blog

Posted May 30th, 2019 in appeals, employment tribunals, equality, maternity leave, news, paternity leave, police, pregnancy, sex discrimination by tracey

‘The Court of Appeal in (1) Capita Customer Management Ltd v Ali & (2) Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900, has overturned the Employment Appeal Tribunal and held that employees do not unlawfully discriminate against men when when paying them less for shared parental leave than they pay women when taking enhanced maternity pay as part of maternity leave. Such claims are not sex discrimination claims but equal terms claims, to be brought under the Equal Pay Act 1970, which are bound to fail because they relate to terms of work affording special treatment to woman in connection with pregnancy of childbirth. An appeal to the Supreme Court is possible.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by tracey

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk

Family Justice Council issues interim guidance on special guardianship and extensions to 26-week time limit – Local Government Lawyer

Posted May 30th, 2019 in care orders, children, codes of practice, families, family courts, guardianship, news, time limits by tracey

‘The Family Justice Council has published interim guidance on special guardianship, with the primary purpose of addressing cases where an extension to the statutory 26-week time limit is sought in order to assess potential special guardians, more fully, within public law proceedings.’

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Local Government Lawyer, 28th May 2019

Source: www.localgovernmentlawyer.co.uk