Extinction Rebellion ‘go floppy’ when arrested, complains senior Met officer – The Guardian

Posted September 17th, 2020 in climate change, demonstrations, London, news, police by michael

‘One of Britain’s most senior police officers has launched an angry tirade against Extinction Rebellion protesters going “all floppy” when they get arrested.’

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The Guardian, 16th September 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 17th, 2020 in legislation by michael

The Taking Control of Goods (Amendment) (Coronavirus) Regulations 2020

The Civil Legal Aid (Remuneration) (Amendment) (No. 2) (Coronavirus) Regulations 2020

The Merchant Shipping (Consequential Amendments) (EU Exit) Regulations 2020

The Air Navigation (Restriction of Flying) (Duxford) (Revocation) Regulations 2020

The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2020

The Air Navigation (Restriction of Flying) (Duxford) (No. 2) (Revocation) Regulations 2020

The MARD (Amendment) (EU Exit) Regulations 2020

The Taxes (Interest Rate) (Amendment No. 2) Regulations 2020

The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

Edward Colston statue: Cases sent to Crown Prosecution Service – BBC News

Posted September 17th, 2020 in criminal damage, Crown Prosecution Service, monuments, news, prosecutions by michael

‘The cases of four people suspected of criminal damage over the toppling of a statue of slave trader Edward Colston have been passed to the Crown Prosecution Service (CPS).’

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BBC News, 17th September 2020

Source: www.bbc.co.uk

Possession claims – More new things and yet more to come – Nearly Legal

‘Gov.uk now has a “Reactivation Notice” (one for claimants, one for defendants). Note this is not a statutory or prescribed form. There is no set format for a reactivation notice.
The page says “Please do not use these documents before 20 September 2020. There is no need to rush to reactivate – you have until 4pm on 24 January 2021.” Which is not necessarily the case. Any possession claim with a hearing already listed requires a reactivation notice to be filed and served at least 42 days before the hearing – Practice Direction 55C 2.5.’

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Nearly Legal, 15th September 2020

Source: nearlylegal.co.uk

DPP to discuss prosecutorial independence and the rule of law – Crown Prosecution Service

Posted September 17th, 2020 in coronavirus, Crown Prosecution Service, news, prosecutions, public interest, rule of law by michael

‘The Director of Public Prosecutions will discuss the importance of fair and independent prosecutions during a time of national emergency at an online event hosted by the Bingham Centre for the Rule of Law tomorrow (Friday, 18 September).’

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Crown Prosecution Service, 17th September 2020

Source: www.cps.gov.uk

Prosecuting in the public interest: independence without isolation – Max Hill QC, Director of Public Prosecutions – Crown Prosecution Service

Posted September 17th, 2020 in coronavirus, Crown Prosecution Service, news, prosecutions, public interest, rule of law by michael

‘In an essay to accompany an event with the Bingham Centre for the Rule of Law, Max Hill QC outlines what independence means for the Crown Prosecution Service in an extraordinary 2020 and beyond, and how it intersects with the Service’s other values and responsibilities. Drawing on the experiences of the past six months, he considers what it means to remain independent while also being collaborative, responsive and adaptable in a changing world – and the importance of each of these qualities in maintaining public confidence in the criminal justice system.’

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Crown Prosecution Service, 17th September 2020

Source: www.cps.gov.uk

Baroness Blackstone reappointed as Chair of the Bar Standards Board – Bar Standards Board

Posted September 17th, 2020 in barristers, legal services, news, professional conduct by michael

‘The Bar Standards Board (BSB) has today announced that The Rt Hon the Baroness Blackstone has been reappointed as its Chair to serve a further four years from 1 January 2021.’

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Bar Standards Board, 17th September 2020

Source: www.barstandardsboard.org.uk

£60k fine and JR ban for immigration solicitor – Legal Futures

‘An immigration solicitor who brought meritless judicial reviews (JRs) has been fined £60,000 and banned for an indefinite period from making further applications.’

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Legal Futures, 17th September 2020

Source: www.legalfutures.co.uk

UK judge halts Home Office flight to remove asylum seekers – The Guardian

Posted September 17th, 2020 in aircraft, asylum, deportation, EC law, news, regulations by michael

‘A senior high court judge has halted a charter flight hours before up to 20 asylum seekers who crossed the Channel to the UK in small boats were due to be forcibly removed to Spain, a country they had previously passed through.’

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The Guardian, 16th September 2020

Source: www.theguardian.com

Covid court delays: Dead pigeons and four-year waits for justice – BBC News

Posted September 17th, 2020 in coronavirus, criminal justice, Crown Court, delay, news by michael

‘ “Paul” was accused of committing a domestic burglary in June 2018. In early 2019 he was told by police that no further action would be taken against him. However, he was subsequently charged. Last week – over two years since the alleged offence – he appeared at Inner London Crown Court.’

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BBC News, 17th September 2020

Source: www.bbc.co.uk

Streatham Hill knifeman jailed for mother’s attempted murder – BBC News

Posted September 17th, 2020 in attempted murder, news, offensive weapons, sentencing by michael

‘Josephine Conlon, 36, was attacked by Mark Brazant in London on 30 December just days after his release from jail.’

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BBC News, 16th September 2020

Source: www.bbc.co.uk

Solicitor who raided client’s estate to pay debts is struck off – Legal Futures

‘A solicitor who used £100,000 from a client’s estate to pay debts to HM Revenue & Customs and an indemnity insurer before closing his firm has been struck off.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

Commercial chambers offers £20k to fund withdrawn pupillage at crime set – Legal Futures

Posted September 16th, 2020 in barristers, budgets, coronavirus, criminal justice, government departments, news, pupillage by michael

‘A London commercial chambers has put up £20,000 to fund a pupillage that a criminal set has had to withdraw because of the impact of Covid-19.’

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Legal Futures, 16th September 2020

Source: www.legalfutures.co.uk

FCA Covid-19 test case headed for Supreme Court, lawyers predict – Litigation Futures

Posted September 16th, 2020 in appeals, Commercial Court, coronavirus, insurance, news, Supreme Court by michael

‘Lawyers are already predicting a leapfrogged appeal to the Supreme Court after the High Court handed down its ruling in the Financial Conduct Authority’s (FCA) business interruption insurance test case.’

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Litigation Futures, 15th September 2020

Source: www.litigationfutures.com

More deferred sentences in shake-up of criminal justice in England and Wales – The Guardian

‘Ministers are to encourage courts to make more use of deferred sentences – when judges give offenders a chance to turn themselves around before being punished – as part of a £500m shake-up of criminal justice in England and Wales.’

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The Guardian, 16th September 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted September 16th, 2020 in law reports by michael

High Court (Administrative Court)

Goodland, R (On the Application Of) v Chief Constable Of Staffordshire Police [2020] EWHC 2477 (Admin) (16 September 2020)

High Court (Chancery Division)

Rahman v Rahman & Ors [2020] EWHC 2392 (Ch) (15 September 2020)

Penta Ultimate Holdings Ltd & Anor v Storrier [2020] EWHC 2400 (Ch) (14 September 2020)

Source: www.bailii.org

 

Recent Statutory Instruments – legislation.gov.uk

Posted September 16th, 2020 in legislation by michael

The European Union (Withdrawal Agreement) (Relevant International Agreements) (EU Exit) Regulations 2020

The Money Laundering and Terrorist Financing (Amendment) (EU Exit) Regulations 2020

The Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) (Amendment and Revocation) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Birmingham, Sandwell and Solihull) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) (Amendment) (No. 2) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020

Source: www.legislation.gov.uk

 

Gaia Pope death: Family wants answers to ‘vital questions’ – BBC News

Posted September 16th, 2020 in bereavement, coroners, delay, evidence, families, inquests, mental health, news, police, rape, sexual offences by michael

‘The family of a teenager found dead 11 days after going missing nearly three years ago said “vital questions” about her death remain unanswered.’

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BBC News, 16th September 2020

Source: www.bbc.co.uk

A Smarter Approach to Sentencing – Ministry of Justice

‘This White Paper sets out the government’s proposals for important changes to the sentencing and release framework in England and Wales.’

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Ministry of Justice, 16th September 2020

Source: www.gov.uk

Teaching assistant found guilty of sending topless pictures to 15-year-old pupil – Daily Telegraph

‘A jury at Aylesbury Crown Court found her guilty of two sex offence charges relating to the topless pictures and a video, but they have not yet reached verdicts on three more serious charges of causing or inciting a child aged under 16 to engage in a sexual act.’

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Daily Telegraph, 15th September 2020

Source: www.telegraph.co.uk