Month: November 2019

A ‘Law Check’ of Conservative Party HQ’s Fake Twitter ‘Fact Check’ – Church Court Chambers

Posted November 28th, 2019 in elections, fraud, internet, misrepresentation, news, political parties by sally

‘For even the most dyed in the wool Conservative voter, Conservative Central Headquarters’ decision to rename their twitter account as factcheckUK during Monday night’s leadership debates would have appeared unedifying. This conduct, which has the clear potential to mislead the public, goes beyond party lines and drifts into tactics that no one would properly describe as fair or opaque. Indeed, it is tactic one would expect to be utilised by one of the worlds autocratic regimes rather than by a major party in a democracy like the United Kingdom.’

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Tribunal rejects SRA’s disciplinary “ambush”- Legal Futures

Posted November 28th, 2019 in disciplinary procedures, drafting, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Disciplinary Tribunal (SDT) has rejected four allegations of multiple rule breaches against a solicitor because they were so badly drafted.’

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Legal Futures, 28th November 2019

Source: www.legalfutures.co.uk

Mia Gregson murder: Couple jailed over toddler’s death – BBC News

Posted November 28th, 2019 in child abuse, domestic violence, murder, news, sentencing by sally

‘A man who killed his girlfriend’s 23-month-old daughter because she was crying has been jailed for life for her murder.’

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BBC News, 27th November 2019

Source: www.bbc.co.uk

Just for Kids Law launches online resource for challenges to school exclusions – Local Government Lawyer

Posted November 28th, 2019 in internet, news, school exclusions by sally

‘A children’s legal rights charity has launched an information hub to help professionals and community organisations challenge unfair school exclusions in England.’

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Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk

EAT rails against ‘endless delays’ of interim orders – Law Society’s Gazette

Posted November 28th, 2019 in case management, delay, employment, harassment, news, sex discrimination, striking out by sally

‘Claimants alleging mistreatment at work should be able to present their case without a succession of preliminary hearings, an employment appeal tribunal has said.’

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Law Society's Gazette, 27th November 2019

Source: www.lawgazette.co.uk

Pending Winding Up Petition and Company entering Administration – 33 Bedford Row

Posted November 28th, 2019 in administrators, news, winding up by sally

‘Where a winding up petition is pending against a company, the company is able to enter into administration under Schedule B1 of the Insolvency Act 1986 (‘Schedule B1’), either through the court making an administration order in respect to the company, or through an appointment under paragraph 14 to Schedule B1 (where no provisional liquidator has been appointed and no administrative receiver is in office). When the company does enter administration, the pending winding up petition is affected.’

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33 Bedford Row, 4th November 2019

Source: www.33bedfordrow.co.uk

Arbitration is “way forward” for construction disputes – Litigation Futures

Posted November 28th, 2019 in arbitration, construction industry, news by sally

‘Arbitration is the best available process for resolving disputes arising from international construction projects and should be augmented but not replaced by technology, according to the findings of one of the largest surveys of the sector ever undertaken.’

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Litigation Futures, 28th November 2019

Source: www.litigationfutures.com

Homelessness and Offending Rates – An Inextricable Link – Pump Court Chambers

Posted November 28th, 2019 in homelessness, housing, imprisonment, local government, news, probation by sally

‘The Homelessness Reduction Act (HRA) 2017 came into effect on 3rd April 2018 and places new legal duties on local authorities so that everyone who is homeless, or at risk of homelessness, should have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. The Act amends part VII of the Housing Act 1996 and is arguably the biggest change in homelessness legislation since the Housing
(Homelessness Persons) Act 1977.’

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Pump Court Chambers, 12th November 2019

Source: www.pumpcourtchambers.com

‘I still suffer trauma’: Home Office’s unlawful detentions – case study – The Guardian

Posted November 28th, 2019 in asylum, detention, false imprisonment, news, post-traumatic stress disorder, Supreme Court, torture by sally

‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

“Neighbour From Hell?” – Church Court Chambers

Posted November 28th, 2019 in disclosure, misrepresentation, news, noise, nuisance, sale of land, trespass by sally

Does your neighbour regularly park across your driveway? Have a dog that howls or barks incessantly? Play drum and bass music into the early hours? Have children that make uncontrolled noise or trespass regularly onto your property? Use power tools at anti-social hours at the weekend? Do you have a neighbour from hell? Have you raised a complaint to your neighbour directly or to others such as the police or the Local Authority? If so, your property may have suffered a Diminution in Value as a result of such anti-social behaviour or harassment. The value of your property depends on good neighbours and maintaining cordial relations.

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Litigation funder highlights lack of competition – Litigation Futures

Posted November 28th, 2019 in champerty, competition, news, third parties by sally

‘The market of clients using litigation finance through choice rather than necessity – especially companies looking to offload their liability for portfolios of cases – remains “almost entirely unaddressed”, an AIM-listed funder has told investors.’

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Litigation Futures, 28th November 2019

Source: www.litigationfutures.com

Harry Dunn’s family starts legal action against Foreign Office – The Guardian

Posted November 28th, 2019 in diplomats, government departments, immunity, judicial review, news, road traffic by sally

‘The family of teenage motorcyclist Harry Dunn have launched a legal action against the Foreign Office which they said could cost them “upwards of £50,000”.’

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The Guardian, 28th November 2019

Source: www.theguardian.com

Council planning board removes clause from s106 agreement restricting future occupants from bringing claims over noise after receiving advice move was unlawful – Local Government Lawyer

Posted November 28th, 2019 in damages, news, noise, nuisance, planning by sally

‘­­The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’

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Local Government Lawyer, 27th November 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

Posted November 28th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Grace Millane’s Trial Exposes A Dark Trend In Coverage Of Violence Against Women – Rights Info

Posted November 28th, 2019 in media, murder, news, victims, women by sally

‘The murder of Grace Millane in 2018 seized front pages of media outlets worldwide, with article after article fixated on details of her personal history. These details implied that the sexually violent nature of Millane’s death was somehow a product of her own actions, and this treatment is itself part of a much larger media trend in how violence against women is represented.’

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Rights Info, 27th November 2019

Source: rightsinfo.org

Online law school bursts onto scene for SQE – Legal Futures

Posted November 28th, 2019 in examinations, legal education, news, solicitors by sally

‘An online-only law school entered the market yesterday to deliver the new Solicitors Qualifying Examination (SQE), with heavyweight backing from leading academics and lawyers.’

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Legal Futures, 28th November 2019

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 28th, 2019 in legislation by tracey

The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019

The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019

Source: www.legislation.gov.uk

Hinckley deaths: Boys ‘were unlawfully killed’, coroner concludes – BBC News

Posted November 28th, 2019 in children, inquests, news, unlawful killing by sally

‘Two boys found dead with their father at a house were unlawfully killed, a coroner has concluded.’

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BBC News, 27th November 2019

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 28th, 2019 in law reports by tracey

Supreme Court

Hemmati & Ors, R (on the application of) (Respondents) v Secretary of State for the Home Department [2019] UKSC 56 (27 November 2019)

Royal Mail Group Ltd v Jhuti [2019] UKSC 55 (27 November 2019)

Court of Appeal (Civil Division)

Kahrmann v Harrison-Morgan [2019] EWCA Civ 2094 (27 November 2019)

Minister of Finance (Incorporated) v 1Malaysia Development Berhad & Ors [2019] EWCA Civ 2080 (26 November 2019)

Barons Finance Ltd v Barons Bridging Finance 1 Ltd & Anor [2019] EWCA Civ 2074 (26 November 2019)

E D & F Man Capital Markets Ltd v Straits (Singapore) PTE Ltd [2019] EWCA Civ 2073 (26 November 2019)

The University of London v Cornerstone Telecommunications Infrastructure Limited [2019] EWCA Civ 2075 (26 November 2019)

Court of Appeal (Criminal Division)

Lee v R [2019] EWCA Crim 2052 (26 November 2019)

High Court (Administrative Court)

Karagul & Ors, R (on the application of) v Secretary of State for the Home Department [2019] EWHC 3208 (Admin) (27 November 2019)

HBTN, R (on the application of) v Sunderland City Council & Ors [2019] EWHC 3221 (Admin) (26 November 2019)

Harrison, R (On the Application Of) v Secretary of State for Justice [2019] EWHC 3214 (Admin) (26 November 2019)

High Court (Chancery Division)

Cozens-Smith v Bellway Homes Ltd [2019] EWHC 3222 (Ch) (26 November 2019)

Shepherd v Cail & Anor [2019] EWHC 3229 (Ch) (26 November 2019)

High Court (Queen’s Bench Division)

Birmingham City Council v Afsar & Ors [2019] EWHC 3217 (QB) (26 November 2019)

Choi v Park & Ors [2019] EWHC 3191 (QB) (26 November 2019)

UUU v BBB (Rev 1) [2019] EWHC 3190 (QB) (22 November 2019)

Source: www.bailii.org

Man sentenced to life for Manchester Victoria station stabbings – The Guardian

Posted November 28th, 2019 in attempted murder, hospital orders, mental health, news, sentencing, terrorism by sally

‘A man who stabbed three people in Manchester’s Victoria train station on New Year’s Eve has been sentenced to life imprisonment in a high-security psychiatric hospital.’

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The Guardian, 27th November 2019

Source: www.theguardian.com