Reading attacker Khairi Saadallah given whole-life prison sentence – The Guardian

Posted January 12th, 2021 in attempted murder, guilty pleas, murder, news, sentencing, terrorism by sally

‘A man who murdered three men in 10 seconds on a summer evening in a Reading park, has been sentenced to die in prison after a judge determined it was a jihadist attack.’

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The Guardian, 11th January 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 12th, 2021 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 2) Regulations 2021

The Agriculture and Horticulture Development Board (Amendment) Order 2021

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2021

The Spring Traps Approval (Variation) (England) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 12th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Pricewaterhousecoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 (11 January 2021)

Rattan v Kuwad (Rev 1) [2021] EWCA Civ 1 (11 January 2021)

Motorola Solutions, Inc & Anor v Hytera Communications Corporation Ltd & Anor (Rev 1) [2021] EWCA Civ 11 (11 January 2021)

Secretariat Consulting PTE Ltd & Ors v A Company [2021] EWCA Civ 6 (11 January 2021)

High Court (Administrative Court)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2021] EWHC 32 (Admin) (11 January 2021)

Fraser, R (On the Application Of) v Shropshire Council [2021] EWHC 31 (Admin) (11 January 2021)

High Court (Chancery Division)

Martin & Anor v Kogan & Ors [2021] EWHC 24 (Ch) (11 January 2021)

High Court (Family Division)

GC v AS [2021] EWHC 14 (Fam) (11 January 2021)

Source: www.bailii.org

UK ministers face legal action over lack of abortion services in Northern Ireland – The Guardian

‘Northern Ireland’s human rights commission (NIHRC) has launched a landmark legal action against the UK government for its failure to commission safe and accessible abortion services more than a year after abortion was made legal in the country, the Guardian can reveal.’

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The Guardian, 10th January 2021

Source: www.theguardian.com

Covid fine review welcomed by ‘intimidated’ women – BBC News

Posted January 11th, 2021 in coronavirus, enforcement, fines, freedom of movement, interpretation, news, police by sally

‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’

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BBC News, 10th January 2021

Source: www.bbc.co.uk

The Domestic Abuse Bill and family courts – Transparency Project

Posted January 11th, 2021 in appeals, bills, domestic violence, families, family courts, news by sally

‘As was noted in the “Harm report” published in June last year and the Family Justice Council forum that was held on 14 December, there is mounting concern about the way family courts deal with allegations of domestic abuse that arise in some contact disputes.’

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Transparency Project, 10th January 2021

Source: www.transparencyproject.org.uk

Ping Pong and fire safety – Nearly Legal

Posted January 11th, 2021 in accidents, bills, fire, health & safety, housing, leases, news, repairs by sally

‘Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the Grenfell Tower disaster, it has become clear that there are hundreds of thousands (if not millions) of dwellings across England and Wales which have fire safety problems, either as a result of how they were originally constructed or because of conversion/adaptation works. Those problems are not limited to ACM cladding (which was the kind of cladding on Grenfell Tower) but also includes lots of other types cladding (including something called HPL cladding, in essence, wood-effect), and the absence of fire breaks (designed to stop fire spreading from one flat to another), defective or absent fire doors.’

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Nearly Legal, 10th January 2021

Source: nearlylegal.co.uk

McFarlane tells family judges to curb out-of-hours hearings – Legal Futures

Posted January 11th, 2021 in coronavirus, families, family courts, judges, news, remote hearings by sally

‘The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.’

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Legal Futures, 8th January 2021

Source: www.legalfutures.co.uk

Non-fatal strangulation set to become criminal offence in England and Wales – The Guardian

Posted January 11th, 2021 in bills, criminal justice, domestic violence, news, sentencing, victims by sally

‘The government is set to make non-fatal strangulation a specific criminal offence, with perpetrators facing up to seven years in prison after a sustained campaign from victims and activists.’

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The Guardian, 10th January 2021

Source: www.theguardian.com

Tribunal finds law firm unfairly dismissed paralegal – Legal Futures

‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’

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Legal Futures, 11th January 2021

Source: www.legalfutures.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Covid leading to four-year waits for England and Wales court trials – The Guardian

‘Defendants, victims including teenagers, and witnesses are having to wait up to four years from the time of an alleged offence to the case reaching crown court trial because of delays caused mainly by Covid.’

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The Guardian, 10th January 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 11th, 2021 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) Regulations 2021

The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021

The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021

The Education and Inspections Act 2006 (Prescribed Education and Training etc) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 11th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) [2021] EWCA Civ 7 (08 January 2021)

Court of Appeal (Criminal Division)

Reynolds, R. v [2021] EWCA Crim 10 (08 January 2021)

High Court (Administrative Court)

Privacy International v Investigatory Powers Tribunal [2021] EWHC 27 (Admin) (08 January 2021)

High Court (Chancery Division)

Coward Phaestos Ltd & Ors [2021] EWHC 9 (Ch) (08 January 2021)

Ceviz v Frawley & Anor [2021] EWHC 8 (Ch) (08 January 2021)

Bernel Ltd v Canal and River Trust [2021] EWHC 16 (Ch) (08 January 2021)

PA Consulting Group Ltd, Re [2021] EWHC 29 (Ch) (07 January 2021)

High Court (Family Division)

Guy’s and St Thomas’ Children’s NHS FoundationTrust & Anor v Knight & Anor [2021] EWHC 25 (Fam) (08 January 2021)

High Court (Queen’s Bench Division)

Just Digital Marketplace Ltd (enforcement – controlled goods agreements – taking control of goods) [2021] EWHC 15 (QB) (08 January 2021)

High Court (Technology and Construction Court)

TRW Ltd v Panasonic Industry Europe GmbH & Anor [2021] EWHC 19 (TCC) (08 January 2021)

Source: www.bailii.org

Visiting care home residents – the rules – Doughty Street Chambers

Posted January 8th, 2021 in care homes, chambers articles, coronavirus, news by sally

‘This blog summarises the new care home visiting rules across the UK’s four nations of England, Scotland, Wales and Northern Ireland.’

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Doughty Street Chambers, 5th January 2021

Source: insights.doughtystreet.co.uk

Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, immigration, news, statutory interpretation by sally

‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’

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5SAH, 5th January 2021

Source: www.5sah.co.uk

Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers

‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’

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Exchange Chambers, 4th January 2021

Source: www.exchangechambers.co.uk

Age assessments 2020: a year in review – Doughty Street

Posted January 8th, 2021 in asylum, chambers articles, children, immigration, local government, news by sally

‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’

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Doughty Street, 7th January 2021

Source: insights.doughtystreet.co.uk

Can employees refuse to attend work because of Covid-19? – Blackstone Chambers

Posted January 8th, 2021 in chambers articles, coronavirus, employment, health & safety, news by sally

‘The Covid-19 pandemic has wrought sudden and drastic changes to the workplace. Many are now working from home, to suppress the spread of the virus and protect themselves or their families from catching it. However, working from home is a precaution which is not available to all, and which is available unequally. There has been no better example of this than last week’s drama (prior to the announcement of the third lockdown) over the reopening of schools, with the government, local authorities, unions and individual schools and teachers at loggerheads over whether pupils can safely return to schools after the Christmas break.’

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Blackstone Chambers, 7th January 2021

Source: coronavirus.blackstonechambers.com

The EAW is dead; long live the UK-EU Surrender Agreement – 6KBW College Hill

Posted January 8th, 2021 in brexit, chambers articles, EC law, news by sally

‘On Christmas Eve, the UK and the EU agreed the terms of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the One Part and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (“the Trade and Cooperation Agreement”). Title VII of Part 3 of the Trade and Cooperation Agreement governs extradition or, to use the language of the agreement, “surrender arrangements” between the UK and the EU. The effect of these provisions is to closely replicate the arrangements under the Framework Decision on the European Arrest Warrant (“the Framework Decision”) and the surrender agreement between Norway and Iceland and the European Union (“the Iceland/Norway Agreement”).’

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6KBW College Hill, 1st January 2021

Source: blog.6kbw.com