Month: January 2021

Official Solicitor wins appeal over ability of mother and step-father of autistic man to leave homes to provide care during first lockdown – Local Government Lawyer

Posted January 21st, 2021 in autism, coronavirus, Court of Protection, families, human rights, news, official solicitor, regulations, statutory interpretation by sally

‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Oxfordshire boy groomed by gangs ‘failed’ by authorities – BBC News

Posted January 21st, 2021 in children, drug trafficking, education, gangs, news, police, reports, social services, suicide by sally

‘A boy found dead in his bedroom was groomed into a world of drug trafficking and “failed” by the authorities, a serious case review said.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

High court grants leave to appeal to UK gender identity service – The Guardian

Posted January 21st, 2021 in appeals, consent, gender, medical treatment, news, transgender persons, young persons by sally

‘An NHS trust has been allowed to appeal against a high court decision that barred it from referring under-16s for puberty-blocking treatment.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Email attachments are not privileged just because message is – Legal Futures

Posted January 21st, 2021 in appeals, disclosure, electronic mail, news, privilege, Supreme Court by sally

‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Judge rules against woman who re-entered property after locks were changed – Local Government Lawyer

Posted January 21st, 2021 in homelessness, housing, local government, news, repossession, trespass by sally

‘A woman who managed, after the locks were changed, to re-enter temporary accommodation being provided by a property firm for a council was a trespasser and had no right to stay, Chelmsford County Court has ruled.’

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Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

Joy Morgan: Murdered student ‘may have been given drugs without knowing’ – BBC News

Posted January 21st, 2021 in drug abuse, inquests, murder, news, sentencing by sally

‘A student murdered by a fellow church member may have been given drugs without her knowing, an inquest heard.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

Another SRA prosecution fails but regulator avoids costs order – Legal Futures

Posted January 21st, 2021 in costs, disciplinary procedures, law firms, news, prosecutions, Solicitors Regulation Authority, tribunals by sally

The Solicitors Regulation Authority (SRA) was justified in prosecuting two law firm partners even though all of the allegations were dismissed, a tribunal has ruled.

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Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Covid: Close courts in England and Wales or face strikes, union warns – BBC News

Posted January 21st, 2021 in coronavirus, courts, industrial action, news, trade unions by sally

‘A union has warned of industrial action unless courts in England and Wales close while improvements are made to staff coronavirus safety.’

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BBC News, 20th January 2021

Source: www.bbc.co.uk

New watchdog will be able to ban dangerous materials used at Grenfell Tower – The Guardian

Posted January 20th, 2021 in accidents, construction industry, fines, fire, health & safety, housing, imprisonment, inquiries, news, ombudsmen, standards by sally

‘Companies that make dangerous building materials such as those used at Grenfell Tower could be prosecuted and their products banned by a new watchdog announced by the government.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Senior judges issue guidance on wearing masks and face coverings in courts – Local Government Lawyer

Posted January 20th, 2021 in codes of practice, coronavirus, courts, health & safety, news by sally

‘The Senior Presiding Judge, Lady Justice Thirlwall, and the Deputy Senior Presiding Judge, Lord Justice Haddon-Cave, have issued new guidance on the wearing of masks and face coverings in courts.’

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Local Government Lawyer, 18th January 2021

Source: www.localgovernmentlawyer.co.uk

“Troubling inequality” persists for BAME consumers of legal services – Legal Futures

Posted January 20th, 2021 in consumer protection, equality, legal services, news, statistics by sally

‘A “troubling inequality” between BAME and White British consumers in the way they access legal services has changed little in the five years since it raised the issue, the Legal Services Consumer Panel (LSCP) has found.’

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Legal Futures, 19th January 2021

Source: www.legalfutures.co.uk

Keelan Wilson: Four guilty of Wolverhampton boy murder – BBC News

Posted January 20th, 2021 in children, gangs, murder, news, offensive weapons, young offenders by sally

‘Four men have been found guilty of murdering a boy stabbed more than 40 times in a “well-planned execution”.’

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BBC News, 19th January 2021

Source: www.bbc.co.uk

Female child sex abuse ‘remains taboo’ while victims struggle – BBC News

Posted January 20th, 2021 in child abuse, children, news, sexual offences, statistics, victims, women by sally

‘Victims of female child sexual abusers face “enormous stigma and shame”, according to police and charities.’

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BBC News, 19th January 2021

Source: www.bbc.co.uk

Shed parties and illegal races: UK police crack down on Covid-19 rulebreakers – The Guardian

Posted January 20th, 2021 in coronavirus, enforcement, fines, freedom of movement, news, police by sally

‘Police have issued fines to coronavirus rule breakers including those who held a party in a garden shed and a group of more than 40 people who gathered for illegal car racing.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Court and tribunal buildings are safe, insists acting chief executive of HMCTS – Local Government Lawyer

Posted January 20th, 2021 in coronavirus, courts, health & safety, HM Courts Service, news, tribunals by sally

‘Buildings operated by HM Courts and Tribunals Service are safe for those that need to use them, the organisation’s acting chief executive has insisted.’

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Local Government Lawyer, 19th January 2021

Source: www.localgovernmentlawyer.co.uk

Landmark hearing to examine handling of domestic abuse cases by UK courts – The Guardian

Posted January 20th, 2021 in appeals, children, coercive & controlling behaviour, domestic violence, families, family courts, news, rape, sexual offences by sally

‘A landmark hearing in the court of appeal is under way to examine how cases of domestic abuse are handled by judges in the family courts.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 20th, 2021 in legislation by tracey

The Charities (Exception from Registration) (Amendment) Regulations 2021

The Trade in Endangered Species of Wild Fauna and Flora (Council Regulation (EC) No 338/97) (Amendment) Regulations 2021

The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2021

The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) (Amendment) (England) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 20th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

M, R (On the Application Of) v The Chief Constable of Sussex Police [2021] EWCA Civ 42 (19 January 2021)

Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38 (19 January 2021)

High Court (Chancery Division)

Pallett v MGN Ltd [2021] EWHC 76 (Ch) (19 January 2021)

Hanger Holdings v Perlake Corporation SA & Anor [2021] EWHC 81 (Ch) (19 January 2021)

Galapagos Bidco SARL v Kebekus & ors [2021] EWHC 68 (Ch) (19 January 2021)

High Court (Queen’s Bench Division)

Summerfield Browne Ltd v Waymouth [2021] EWHC 85 (QB) (18 January 2021)

Source: www.bailii.org.uk

Rare inquests into UK Covid deaths raise concerns over care failings – The Guardian

Posted January 19th, 2021 in care homes, coronavirus, inquests, news, reports by sally

‘A series of healthcare failures that could lead to more people dying from Covid-19 were highlighted by a coroner during rare inquests into deaths in the first wave of the pandemic.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Principle of finality in litigation – Law Society’s Gazette

Posted January 19th, 2021 in delay, enforcement, judgments, jurisdiction, news, sanctions by sally

‘A judgment made in open court takes effect when it is made and not when it is subsequently sealed. The lapse of time between the making of an order in open court and sealing it may be taken by the unsuccessful party as an opportunity to rehearse legal arguments or to produce new evidence to persuade the court to revisit and amend its order before it is sealed.’

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Law Society's Gazette, 18th January 2021

Source: www.lawgazette.co.uk