Proposed amendments to the Human Rights Act to disadvantage UK war crimes victims – Oxford Human Rights Hub

Posted April 8th, 2020 in armed forces, bills, compensation, human rights, news, time limits, war crimes by sally

‘On 18 March 2020, the UK Minister for Defence introduced into the UK Parliament his promised package of new legislation designed to ‘protect veterans’. Entitled the Overseas Operations (Service Personnel and Veterans) Bill, the proposed laws would amend the UK’s Human Rights Act 1998 (HRA) in ways that impact on its human rights obligations, including under the European Convention on Human Rights (ECHR).’

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Oxford Human Rights Hub, 6th April 2020

Source: ohrh.law.ox.ac.uk

Court of Appeal rejects appeal over changes made by county council to SEN transport policy affecting 16-18 year olds – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Divisional Court rejects Tesco judicial review challenge over criminal offences and food offered for sale after ‘use by’ date – Local Government Lawyer

‘Supermarket giant Tesco has lost a judicial review challenge over whether it was a criminal offence for a shop to offer food for sale, or otherwise place it on the market, after its labelled “use by” date.’

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Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

What a difference a PSED makes… – Nearly Legal

‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Remote Justice : A Judge’s perspective – Transparency Project

‘There is no question that remote hearings are a good means of ensuring the continued delivery of the decision-making element of the family justice system. It is amazing that we can do it at all and it is great that we can. But doing so in this way is at the cost of our ability properly to connect to one another, and judges like me are compromised in their ability to conduct hearings with the empathy, fairness, understanding and compassion that is rightly valued as an essential element of the Family Court. I appreciate that in order to deliver justice in the time of Covid-19 we must accept compromise. I wanted to share my experiences however, as there have been times that the extent to which I have felt constrained has been uncomfortable, and I worry about the impact on the parties, and the wider goal of delivering justice fairly. Even though huge progress has and will continue to be made in improving remote hearings, we will be working under the effects of Covid-19 for many months yet to come. I am concerned about the responsibility that will continue to fall on judges for deciding what cases are to be heard or not, and for setting the terms of reference for what constitutes a fair hearing in the time of Covid-19.’

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Transparency Project, 7th April 2020

Source: www.transparencyproject.org.uk

Barrister breached court order to see ex-girlfriend – Legal Futures

‘A senior barrister has been suspended for three months and fined £1,000 for twice breaching a non-molestation order to see his ex-girlfriend.’

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Legal Futures, 8th April 2020

Source: www.legalfutures.co.uk

Bayer v NHS Darlington Appeal – NIPC Law

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

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NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Coronavirus: Walsall dad fined for son flouting lockdown – BBC News

‘A father has been fined by police after his son persistently flouted the coronavirus lockdown rules.’

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BBC News, 7th April 2020

Source: www.bbc.co.uk

Gethin Thomas: Back to the Wellbeing of Future Generations Bill – UK Constitutional Law Association

‘On 24 March 2020, the Wellbeing of Future Generations Bill 2020 was introduced into the House of Commons, for its first reading, by Caroline Lucas MP. The Bill had been introduced into the House of Lords on 21 October 2019, by Baroness Jenny Jones, on behalf of Lord John Bird (who is best known as the founder of Big Issue). Whilst the Bill is not supported by the Government, it has garnered cross party support, and the Bill’s co-sponsors are drawn from all of the major UK political parties.’

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UK Constitutional Law Association, 7th April 2020

Source: ukconstitutionallaw.org

UK lawyers inundated by divorced parents arguing over lockdown custody – The Guardian

Posted April 8th, 2020 in children, coronavirus, custody, divorce, families, news by sally

‘Lawyers have been inundated with inquiries from divorced parents arguing about where their children should stay during the lockdown, with some trying to get their former partners sent to jail for breaking existing custody arrangements.’

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The Guardian, 7th April 2020

Source: www.theguardian.com

What’s in an appeal? – Nearly Legal

Posted April 8th, 2020 in appeals, homelessness, housing, jurisdiction, local government, news by sally

‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk

Inquests into deaths in custody during the COVID-19 pandemic – UK Human Rights Blog

‘Following the sad news of the first death in custody from COVID-19, a question arises: what are likely to be the issues at inquests into the deaths in custody from COVID-19?’

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UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com