Supreme court poised to rule against Boris Johnson, say legal experts – The Guardian

‘Boris Johnson would have no option but to recall MPs to Westminster if the supreme court rules he misled the Queen, senior legal sources told the Observer yesterday.’

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The Guardian, 22nd September 2019

Source: www.theguardian.com

Children as young as 11 placed in unregulated care homes – BBC News

Posted September 20th, 2019 in care homes, child abuse, children, local government, news by sally

‘Children as young as 11 years old are illegally being placed in unregulated homes in England, the BBC has learned.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Child sex abuse inquiry: Victims with criminal records denied compensation – BBC News

‘Survivors of sexual abuse in care homes are denied compensation or have payouts cut because of their own criminal convictions, an inquiry has found.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Thousands of rape reports inaccurately recorded by police – The Guardian

Posted September 20th, 2019 in consent, criminal records, mental health, news, police, rape, statistics by sally

‘Thousands of reports of rape allegations have been inaccurately recorded by the police over the past three years and in some cases never appeared in official figures, the Guardian can reveal.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

Mum faced £10k bill to move from rapist neighbour – BBC News

Posted September 20th, 2019 in disabled persons, fees, housing, local government, news, ombudsmen, rape, victims by sally

‘A mother who discovered her disabled daughter’s rapist had moved next door was told she would have repay £10,000 to a council to leave her property.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Judge praises LiPs denied adjournment to find solicitors – Litigation Futures

Posted September 20th, 2019 in adjournment, legal representation, litigants in person, news, probate by sally

‘A deputy master hearing a probate dispute in the High Court said the way litigants in person ran their defence justified a decision not to adjourn the case so they could instruct new lawyers.’

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Litigation Futures, 20th September 2019

Source: www.litigationfutures.com

Ex-partner suing firm denied sight of its NDAs – Legal Futures

‘A former partner suing south-east law firm McMillan Williams over alleged sexual misconduct and harassment has been denied access to any non-disclosure agreements (NDAs) it may have reached.’

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Legal Futures, 20th September 2019

Source: www.legalfutures.co.uk

Peter Beardsley barred from football for seven months over racist language – The Guardian

Posted September 20th, 2019 in disciplinary procedures, news, racism, sport by sally

‘The former England striker Peter Beardsley has been banned from football for 32 weeks after being found guilty of three charges of racially abusing black players while coach of the Newcastle under-23 team.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

John Major’s lawyer attacks No 10 prorogation claims as ‘misleading’ – The Guardian

‘Downing Street put out “misleading” statements about the prorogation of parliament and published excuses for Boris Johnson’s five-week suspension of the Commons that are “not the true reasons”, the supreme court has been told by a lawyer for the former prime minister John Major.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

Student jailed for making 3D printed gun – BBC News

Posted September 20th, 2019 in firearms, guilty pleas, news, sentencing by sally

‘A “loner” university student has been jailed for making a gun using a 3D printer.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Concerns raised over prosecution of trafficked British children – The Guardian

‘The children’s commissioner is raising concerns with the Crown Prosecution Service about young victims of human trafficking being prosecuted rather than protected, following a Guardian investigation.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

SIF rule could be “catastrophic” for retired solicitors – Legal Futures

Posted September 20th, 2019 in indemnities, news, notification, retirement, solicitors by sally

‘Refusal by the Solicitors Indemnity Fund (SIF) to accept notifications of potential claims could be “catastrophic” for retired solicitors, a specialist in professional regulation and insurance has warned.’

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Legal Futures, 20th September 2019

Source: www.legalfutures.co.uk

Supreme Court: What happened in the suspension of Parliament case? – BBC News

‘This was no ordinary court case. The battle in the Supreme Court over the shutdown of Parliament is a historic test of the powers of the prime minister, MPs and the courts.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Asylum seeker denied cancer treatment by Home Office dies – The Guardian

Posted September 20th, 2019 in asylum, cancer, immigration, medical treatment, news by sally

‘An Ethiopian woman who was denied potentially life-saving cancer treatment for six weeks amid confusion about whether she should be charged by the NHS has died aged 39.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

Regulation unlikely to resolve university sexual misconduct case difficulties – OUT-LAW.com

‘The introduction of new regulations or mandating existing guidance is unlikely to address many of the challenges universities face when handling cases concerning serious misconduct, an expert in universities law has said.’

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OUT-LAW.com, 18th September 2019

Source: www.pinsentmasons.com

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation – UK Constitutional Law Association

‘The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and what is the effect of ‘declaring’ the Order in Council which authorized the prorogation of Parliament to be ultra vires. Does it mean prorogation never legally happened? Should Parliament have been in session all along? How is any summoning or recall to take effect?’

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UK Constitutional Law Association, 19th September 2019

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 19th, 2019 in legislation by tracey

The Public Service Vehicles (Registration of Local Services in Enhanced Partnership Areas) (England) Regulations 2019

The Organ Donation (Deemed Consent) Act 2019 (Commencement No. 1) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 19th, 2019 in law reports by tracey

High Court (Chancery Division)

Mousavi-Khalkali v Abrishamchi & Anor [2019] EWHC 2364 (Ch) (18 September 2019)

Source: www.bailii.org

Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome – Local Government Lawyer

Posted September 19th, 2019 in employment, fines, health & safety, industrial injuries, local government, news by tracey

‘Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.

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Local Government Lawyer, 18th September 2019

Source: www.localgovernmentlawyer.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by tracey

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

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Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk