Case backlog threatens UK criminal justice system, say inspectors – The Guardian

Posted January 19th, 2021 in coronavirus, courts, criminal justice, delay, news, prisons, reports, young offenders by sally

‘Urgent action is needed to tackle an “unprecedented backlog” of court cases built up during the pandemic that has “severe implications” for victims, the UK’s four justice chief inspectors have warned.’

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The Guardian, 19th January 2021

Source: www.theguardian.com

Trying to shoot the messenger – Nearly Legal

Posted January 19th, 2021 in abuse of process, barristers, costs, negligence, news, nuisance, repairs, striking out by sally

‘The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the transformation of the law, and the successful appeal, it turns out that for Mr Moorjani that litigation, and indeed his subsequent claim, were actually quite disastrous. We now know this because Mr Moorjani brought a claim against his direct access barrister who acted for him at the county court trial of the original claim. This is the judgment on the defendant’s strike out application in that claim.’

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Nearly Legal, 17th January 2021

Source: nearlylegal.co.uk

BT faces £600m lawsuit over ‘overcharging’ – BBC News

Posted January 19th, 2021 in compensation, consumer protection, elderly, news, telecommunications by sally

‘BT is facing a class action lawsuit over claims it failed to compensate elderly customers who were overcharged for landlines for years.’

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BBC News, 18th January 2021

Source: www.bbc.co.uk

Family Division judge sets out future lessons for non-notification cases after dismissing application by local authority – Local Government Lawyer

Posted January 19th, 2021 in adoption, disclosure, local government, news, notification, paternity by sally

‘A High Court judge has set out lessons for the future in non-notification cases, after refusing to endorse a local authority’s decision not to disclose the existence of a 10-month-old boy to his father.’

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Local Government Lawyer, 18th January 2021

Source: www.localgovernmentlawyer.co.uk

The environmental implications of the Brexit deal – UK Human Rights Blog

‘Most UK people’s 2020 Christmas eves were cheered by the news that we had some sort of Brexit deal – here, in all its majesty. Given the deadline for no deal, some deal, however thin, was a good deal better than nothing, with the ill-tempered chaos between the UK and a major trading partner which would have followed from the latter.’

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UK Human Rights Blog, 18th January 2021

Source: ukhumanrightsblog.com

UK’s youngest convicted terrorist can be freed, says Parole Board – The Guardian

Posted January 19th, 2021 in Islam, news, parole, release on licence, terrorism, young offenders by sally

‘A man whose conviction aged 15 made him Britain’s youngest terrorist is safe to be freed, despite his key role in a plot to kill police officers, the Parole Board has decided.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

E-scooter rider given ban for drink-driving on Isle of Wight – BBC News

Posted January 19th, 2021 in drunk in charge, magistrates, motorcycles, news, sentencing by sally

‘A woman is thought to be the first person in the UK to be found guilty of drink-driving while using an e-scooter.’

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BBC News, 18th January 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 19th, 2021 in legislation by tracey

The Public Service Pensions Act 2013 (Judicial Offices) (Amendment etc.) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 19th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Kawasaki Kisen Kaisha Ltd v James Kemball Ltd [2021] EWCA Civ 33 (18 January 2021)

Aviva Investors Ground Rent GP LTd & Anor v Williams & Ors [2021] EWCA Civ 27 (18 January 2021)

Head v The Culver Heating Co Ltd [2021] EWCA Civ 34 (18 January 2021)

High Court (Administrative Court)

HJ v London Borough of Croydon [2021] EWHC 66 (Admin) (18 January 2021)

Gill, R (On the Application Of) v London Borough of Brent [2021] EWHC 67 (Admin) (18 January 2021)

Wild Justice v Natural Resources Wales [2021] EWHC 35 (Admin) (18 January 2021)

High Court (Chancery Division)

Loveridge v Mayor and Burgesses of the London Borough of Islington [2021] EWHC 70 (Ch) (18 January 2021)

Burns v Burns & Ors [2021] EWHC 75 (Ch) (18 January 2021)

High Court (Commercial Court)

Philipp v Barclays Bank UK Plc [2021] EWHC 10 (Comm) (18 January 2021)

High Court (Family Division)

NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (18 January 2021)

High Court (Queen’s Bench Division)

Nimer v United Al Saqer Group LLC & Ors [2021] EWHC 50 (QB) (18 January 2021)

Source: www.bailii.org

Judges reject Lockerbie bomber’s appeal against conviction – BBC News

‘Scottish judges have rejected a third appeal on behalf of the Libyan man convicted of the Lockerbie bombing.’

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BBC News, 16th January 2021

Source: www.bbc.co.uk

New Judgment: Financial Conduct Authority v Arch Insurance (UK) Ltd and Ors [2021] UKSC 1 – UKSC Blog

‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’

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UKSC Blog, 15th January 2021

Source: ukscblog.com

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

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UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org

Solo 45 has jail term increased to 30 years on appeal – BBC News

Posted January 18th, 2021 in appeals, news, rape, sentencing, sexual offences, victims by sally

‘A grime artist convicted of repeatedly raping four women has had his jail sentence increased on appeal.’

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BBC News, 16th January 2021

Source: www.bbc.co.uk

Firms accused of putting workers’ lives at risk by bending lockdown trading rules – The Guardian

Posted January 18th, 2021 in coronavirus, employment, enforcement, health & safety, news, ombudsmen by sally

‘Irresponsible firms are exploiting looser lockdown regulations to bring thousands of non-essential workers into sometimes busy workplaces, with little chance of enforcement action by the nation’s safety watchdog.’

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The Guardian, 16th January 2021

Source: www.theguardian.com

Law Society calls for two-week pause of non-custodial Crown and Magistrates court work – Local Government Lawyer

‘The Law Society has called for urgent action including a possible two-week pause of non-custodial Crown and magistrates’ court work “amid escalating safety concerns”.’

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Local Government Lawyer, 15th January 2021

Source: www.localgovernmentlawyer.co.uk

Families of citizens dying after contact with police still await justice – The Guardian

‘Relatives of people who have died after contact with the police have told of their distrust in and dissatisfaction with the ability of the complaints system to help deliver justice.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 18th, 2021 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 4) Regulations 2021

The Criminal Procedure (Amendment) Rules 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 18th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

The White Lion Hotel (A Partnership) v James [2021] EWCA Civ 31 (15 January 2021)

Sarnoff v YZ [2021] EWCA Civ 26 (15 January 2021)

High Court (Administrative Court)

Parkview Homes Ltd, R (On the Application Of) v Chichester District Council [2021] EWHC 59 (Admin) (15 January 2021)

Professional Standards Authority for Health And Social Care v Health And Care Professions Council & Anor [2021] EWHC 52 (Admin) (15 January 2021)

Source: www.bailii.org

Transparency failures put three firms in the dock – Legal Futures

‘Law firms in London, Manchester and Bath have become the first sanctioned for failing to publish price and service information, with compliance made a condition of their authorisation.’

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Legal Futures, 15th January 2021

Source: www.legalfutures.co.uk

Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal – Nearly Legal

Posted January 15th, 2021 in appeals, housing, local government, news, penalties, tribunals by tracey

‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.

In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.

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Nearly Legal, 14th January 2021

Source: nearlylegal.co.uk