07/05/2019 – Current Awareness

Inquiry announces new investigation into child protection in religious organisations and settings – Independent Inquiry into Child Sexual Abuse

Posted May 7th, 2019 in child abuse, children, Christianity, inquiries, Islam, Judaism, press releases, sexual offences, Sikhism by tracey

‘The Independent Inquiry into Child Sexual Abuse has announced a new investigation into child protection in religious organisations and settings. The investigation will be thematic and will review the current child protection policies, practices and procedures in religious institutions in England and Wales.’

Full press release

Independent Inquiry into Child Sexual Abuse, 2nd May 2019

Source: www.iicsa.org.uk

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by tracey

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

Full Story

Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Deposits – Better to give than to receive – Nearly Legal

Posted May 7th, 2019 in appeals, deposits, housing, landlord & tenant, news, repossession by tracey

‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’

Full Story

Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Extension of Time – Local Government Law

Posted May 7th, 2019 in appeals, civil procedure rules, judicial review, local government, news, planning, time limits by tracey

‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’

Full Story

Local Government Law, 2nd May

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

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

Posted May 7th, 2019 in anonymity, appeals, asylum, deportation, detention, disclosure, government departments, human rights, immigration, judicial review, negligence, news, personal injuries, telecommunications by tracey

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

Full Story

UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 7th, 2019 in legislation by tracey

The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 7th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Calonne Construction Ltd v Dawnus Southern Ltd [2019] EWCA Civ 754 (03 May 2019)

High Court (Administrative Court)

Andrews, R (On the Application Of) v Minister for the Cabinet Office [2019] EWHC 1126 (Admin) (03 May 2019)

TP AR & SXC, R (On the Application Of) v Secretary of State for Work And Pensions [2019] EWHC 1127 (Admin) (03 May 2019)

High Court (Commercial Court)

K v A [2019] EWHC 1118 (Comm) (03 May 2019)

High Court (Patents Court)

Allergan, Inc & Anor v Aspire Pharma Ltd [2019] EWHC 1085 (Pat) (03 May 2019)

High Court (Queen’s Bench Division)

Roberts v The Soldiers, Sailors, Airmen And Families Association & Anor [2019] EWHC 1104 (QB) (03 May 2019)

Source: www.bailii.org

New prison anti-corruption taskforce unveiled – Ministry of Justice

Posted May 7th, 2019 in corruption, Ministry of Justice, press releases, prison officers, prisons, probation by tracey

‘A specialist taskforce to tackle staff corruption in jails has been announced by Justice Secretary David Gauke today (4 May 2019).’

Full press release

Ministry of Justice, 4th May 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Exclusive: Pressured young solicitors “need courage to walk away” – Legal Futures

Posted May 7th, 2019 in disciplinary procedures, employment, law firms, news, professional conduct, solicitors, tribunals by tracey

‘Young solicitors who find themselves in toxic work environments cannot “leave their professional ethical compass at home” and ultimately have to walk away, the president of the Solicitors Disciplinary Tribunal (SDT) has said.’

Full Story

Legal Futures, 7th May 2019

Source: www.legalfutures.co.uk

Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette

Posted May 7th, 2019 in abuse of process, appeals, costs, damages, fines, illegality, law firms, negligence, news, solicitors by tracey

‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’

Full Story

Law Society's Gazette, 7th May 2019

Source: www.lawgazette.co.uk

Age of criminal responsibility in England and Wales ‘too low’ says watchdog – The Independent

Posted May 7th, 2019 in criminal justice, criminal responsibility, detention, Equality and Human Rights Commission, human rights, inquiries, news, statistics, young offenders by tracey

‘The low age of criminal responsibility in England and Wales is putting children at risk during crucial years of their development, the human rights watchdog has warned. In an unprecedented move, the Equality and Human Rights Commission (EHRC) has called on lawmakers to raise the age at which a child can be deemed responsible for committing a crime – currently at 10.’

Full Story

The Independent, 6th May 2019

Source: www.independent.co.uk

Mediator brought in to resolve Birmingham LGBT teaching dispute – The Guardian

Posted May 7th, 2019 in education, homosexuality, news, school children, teachers, transgender persons by tracey

‘A former leading prosecutor has been drafted in to mediate in a controversial dispute over the teaching of LGBT education in Birmingham schools. Nazir Afzal, the Crown Prosecution Service’s former lead on child sexual abuse, confirmed he had been asked by parents and Birmingham city council to help reach a resolution in the longstanding dispute.’

Full Story

The Guardian, 6th May 2019

Source: www.theguardian.com

Police ‘overwhelmed’ by child sex abuse image cases call for new approach as thousands of paedophiles seek help – The Independent

Posted May 7th, 2019 in charities, child abuse, children, indecent photographs of children, internet, news, police, rehabilitation, sexual offences, statistics by tracey

‘Police leaders have called for a new approach to the rising number of people who view child sex abuse images online, as thousands of paedophiles seek help to stop their behaviour.’

Full Story

The Independent, 6th May 2019

Source: www.independent.co.uk

Fraudsters ‘stole £7m’ from holidaymakers in 2018 – BBC News

Posted May 7th, 2019 in airlines, fraud, holidays, news by tracey

‘More than 5,000 people were the victims of holiday booking fraud last year, with their total losses amounting to £7m, research suggests.’

Full Story

BBC News. 7th May 2019

Source: www.bbc.co.uk

Grenfell Tower inquiry ‘failing to deliver’ as survivors and bereaved families ‘lose faith’, lawyers warn – The Independent

Posted May 7th, 2019 in accidents, bereavement, delay, disclosure, documents, families, fire, inquiries, law firms, news, victims by tracey

‘The Grenfell Tower inquiry is “failing to deliver” on promises it made to traumatised survivors and the families of victims, who have “lost faith” in the process, lawyers have warned.’

Full Story

The Independent, 6th May 2019

Source: www.independent.co.uk

Facial recognition wrongly identifies public as potential criminals 96% of time, figures reveal – The Independent

Posted May 7th, 2019 in artificial intelligence, computer programs, facial mapping, human rights, London, news, pilot schemes, privacy, statistics by tracey

‘Facial recognition technology has misidentified members of the public as potential criminals in 96 per cent of scans so far in London, new figures reveal.’

Full Story

The Independent, 7th May 2019

Source: www.independent.co.uk

Police driver who knocked suspect off moped may face misconduct case – The Guardian

Posted May 7th, 2019 in disciplinary procedures, motorcycles, news, ombudsmen, police, professional conduct by tracey

‘A police driver who deliberately knocked a fleeing teenage suspect off a stolen moped may face a misconduct hearing, the Guardian has learned.’

Full Story

The Guardian, 7th May 2019

Source: www.theguardian.com