Christmas Break

Posted December 21st, 2020 in holidays, law reports by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2021.

Happy Christmas and thanks for reading!

Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020 – UK Constitutional Law Association

‘The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of a meeting of the EU-UK Joint Committee that resolved – at least for the moment – outstanding issues in the practical implementation of the Protocol.’

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UK Constitutional Law Association, 18th December 2020

Source: ukconstitutionallaw.org

Chambers seeks to rally support for Bar-wide pupillage academy – Legal Futures

Posted December 21st, 2020 in barristers, legal education, news, pupillage by sally

‘A not-for-profit “pupillage academy” that would support chambers across England and Wales to offer more pupillages has been proposed by national chambers Clerksroom.’

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Legal Futures, 21st December 2020

Source: www.legalfutures.co.uk

W (Children): judge’s recusal does not indicate bias – Transparency Project

Posted December 21st, 2020 in appeals, bias, children, contact orders, families, judges, news, recusal by sally

‘Reading the case name W (Children: Reopening/recusal) I assumed that this would be another of those applications by a party, invariably the father, for the recusal of the judge in a children application, on the basis of alleged bias.’

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Transparency Project, 18th December 2020

Source: www.transparencyproject.org.uk

Gambling Act review expected to spur reform – OUT-LAW.com

Posted December 21st, 2020 in consumer protection, gambling, internet, news, regulations by sally

‘The UK government must be careful not to drive British consumers to unregulated gambling markets by imposing overly strict constraints on regulated providers of online gambling services, experts in gambling licensing and regulation have said.’

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OUT-LAW.com, 18th December 2020

Source: www.pinsentmasons.com

Social landlord fined £80k after employees suffer Hand Arm Vibration Syndrome – Local Government Lawyer

Posted December 21st, 2020 in employment, fines, health & safety, housing, industrial injuries, local government, news by sally

‘A housing association was earlier this month fined £80,00 after four employees developed a debilitating nerve condition over a period of several years.’

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Local Government Lawyer, 21st December 2020

Source: www.localgovernmentlawyer.co.uk

Harry Dunn: CPS pursue case against suspect despite immunity ruling – BBC News

‘The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.’

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BBC News, 20th December 2020

Source: www.bbc.co.uk

Recommendations for the probity of computer evidence – Digital Evidence and Electronic Signature Law Review

Posted December 18th, 2020 in computer programs, disclosure, electronic filing, evidence, news, postal service by sally

‘This paper sets out recommendations for a two stage disclosure process in an attempt to avoid the problems with disclosure of computer data/material in court proceedings, problems that have been exposed in two cases in England: the Post Office Horizon scandal, and the case of the nurses in R v Cahill, R v Pugh.’

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Digital Evidence and Electronic Signature Law Review, 18 (2021), 18-25, 15 December 2020

Source: journals.sas.ac.uk

Jealous father guilty of murdering wife and daughter in Salisbury – The Guardian

Posted December 18th, 2020 in coercive & controlling behaviour, domestic violence, families, murder, news by sally

‘A supermarket worker has been found guilty of murdering his wife and teenage daughter after he slit their throats in a jealous rage because he was losing his “controlling” grip on the family.’

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The Guardian, 17th December 2020

Source: www.theguardian.com

Air pollution death ruling: What comes next? – BBC News

‘For the first time in the UK – and possibly the world – air pollution has been recognised as a cause of a person’s death. But was the ruling just a one-off? And what does it mean for others?’

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BBC News, 17th December 2020

Source: www.bbc.co.uk

Significant leap in number of women applying for silk – Legal Futures

‘Some 116 new QCs were named yesterday, with the appointment body revealing that more women applied for silk this year and the majority were successful – unlike men.’

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Legal Futures, 17th December 2020

Source: www.legalfutures.co.uk

Covid-related PI claims “gaining momentum”, warns defendant firm – Litigation Futures

‘Claims for compensation after being infected with Covid-19 “appear to be gathering some momentum” amid a significant increase in claims farming activity, a leading defendant law firm has warned.’

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Litigation Futures, 17th December 2020

Source: www.litigationfutures.com

Eton teacher jailed for sex offences against pupils – BBC News

‘A former Eton College teacher has been jailed for five years for a string of sexual offences against pupils during “nocturnal” visits to their bedrooms.’

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BBC News, 17th December 2020

Source: www.bbc.co.uk

Unsealed claim forms not good service, High Court rules – Law Society’s Gazette

Posted December 18th, 2020 in banking, claims management, competition, documents, news, service, time limits by sally

‘A High Court judge has penalised litigants who served an unsealed amended claim form within the approved deadline, stating that this ultimately did not constitute good service.’

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Law Society's Gazette, 17th December 2020

Source: www.lawgazette.co.uk

Why The Sexual Exploitation Bill Will Make Vulnerable Women Less Safe – Each Other

‘Paying for sex could become a criminal offence in England and Wales if Parliament approves a new Bill which claims to protect women from sexual exploitation. But criminalisation will only further harm people who are already marginalised, argues Rachel Trafford.’

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Each Other, 17th December 2020

Source: eachother.org.uk

Pupils’ historical abuse at London schools claims total £1m – BBC News

Posted December 18th, 2020 in child abuse, children, compensation, news, school children, victims, violence by sally

‘Nearly £1m in compensation has been paid to dozens of former students at two London private schools following historical allegations of abuse.’

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BBC News, 17th December 2020

Source: www.bbc.co.uk

City watchdog failed to regulate firm that lost investors’ £236m – The Guardian

Posted December 18th, 2020 in banking, financial regulation, financial services ombudsman, inquiries, news by sally

‘The UK’s financial watchdog failed to properly supervise and regulate London Capital & Finance, a mini-bond provider, before the firm collapsed and wiped out the savings of thousands of people, an independent inquiry has concluded.’

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The Guardian, 17th December 2020

Source: www.theguardian.com

The right to establish identity: donor offspring — David Gollancz – UK Human Rights Blog

‘This is the second of two posts by David Gollancz, a barrister at Keating Chambers and donor-conceived adult, about the UK system of birth registration and certification. The first post concerned the treatment of transgender parents. This second post deals with the position of the offspring of gamete donation.’

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UK Human Rights Blog, 17th December 2020

Source: ukhumanrightsblog.com

The right to respect for identity: transgender parents — David Gollancz – UK Human Rights Blog

Posted December 17th, 2020 in assisted reproduction, birth, birth certificates, news, transgender persons by tracey

‘This is the first of two posts by David Gollancz, a barrister at Keating Chambers and donor-conceived adult, about the UK system of birth registration and certification. This first post concerns the treatment of trans parents. The second post will deal with the position of the offspring of gamete donation.’

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UK Human Rights Blog, 16th December 2020

Source: ukhumanrightsblog.com

Overcrowding, children getting older and ‘deliberate acts’. – Nearly Legal

Posted December 17th, 2020 in families, housing, judicial review, local government, news by tracey

‘Flores, R (on the application of) v London Borough of Southwark (2020) EWCA Civ 1697. The was an appeal to the Court of Appeal from a first instance judicial review (our sceptical report here) of Southwark’s decision that the Flores family being in a statutorily overcrowded flat was a “deliberate act” for the purposes of Southwark’s allocation policy such that the family was not entitled to band 1 (highest) priority on the choice based letting scheme.’

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Nearly Legal, 15th December 2020

Source: nearlylegal.co.uk