New UK laws needed to stop hate speech and extremism, says report – The Guardian

‘Massive gaps in the law allow terrorism to be glorified and hatred to be spread, and a major crackdown is needed to stop more violence being triggered, an official report has said.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

Beech search warrant judge calls for police prosecutions – Daily Telegraph

‘The district judge persuaded to issue search warrants during Scotland Yard’s disastrous Operation Midland investigation has called for a criminal inquiry into the police officers responsible.’

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Daily Telegraph, 24th February 2021

Source: www.telegraph.co.uk

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

Victims of human trafficking: can they be criminals as well? – EIN Blog

‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

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EIN Blog 24th February 2021

Source: www.ein.org.uk

Birmingham anti-crime worker jailed for sex offences – BBC News

‘A man who worked in schools to steer young people away from crime has been jailed for sexual offences against children.’

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BBC News, 23rd February 2021

Source: www.bbc.co.uk

The PPE procurement case: transparency missed in both politics and law – Transparency Project

Posted February 24th, 2021 in coronavirus, government departments, judicial review, news, public procurement by sally

‘Last week the High Court made a widely publicised decision declaring that a government minister and his department had acted unlawfully in relation to the award of PPE procurement contracts in the early weeks of the pandemic. The case is called R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin). It’s of particular interest to us because it’s all about transparency.’

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Transparency Project, 23rd February 2021

Source: www.transparencyproject.org.uk

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

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UKSC Blog, 24th February 2021

Source: ukscblog.com

Rape social media posts: How speaking out got twin sisters sued – BBC News

‘Two sisters say they’ve been silenced by the man they reported for sexual assault after he sued them for talking about what happened.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

Man who sent antisemitic tweets on holiday avoids UK prosecution – The Guardian

Posted February 24th, 2021 in bills, foreign jurisdictions, internet, Judaism, malicious communications, news, racism by sally

‘A trainee teacher has avoided a criminal record for sending antisemitic tweets to a Jewish journalist because he was on holiday abroad at the time, with the judge declaring that “the law prohibits me from punishing you”.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

Solicitor failed to check whether jailed client wanted to sell property – Legal Futures

‘A veteran solicitor did not confirm that his imprisoned client had given instructions to transfer a £300,000 property to his mother, with the client claiming after it happened that he knew nothing about it, a tribunal has heard.’

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Legal Futures, 24th February 2021

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 24th, 2021 in legislation by tracey

The Police and Crime Commissioner Elections (Returning Officers’ Accounts) (Amendment) Regulations 2021

The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2021

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) Regulations 2021

The Health and Care Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2021

The Health and Care Professions Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2021

Source: www.legislation.gov.uk

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

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Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Victims’ law call amid falling confidence in criminal justice – BBC News

Posted February 24th, 2021 in codes of practice, criminal justice, Ministry of Justice, news, victims by sally

‘The victims’ commissioner for England and Wales has called for a law to ensure people affected by crime are treated properly as they wait for justice.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 24th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Eynsham Cricket Club v Revenue & Customs [2021] EWCA Civ 225 (23 February 2021)

CFL Finance Ltd v Laser Trust & Anor [2021] EWCA Civ 228 (23 February 2021)

A (A Child) (1980 Hague Convention: Set Aside) [2021] EWCA Civ 194 (23 February 2021)

Bilta (UK) Ltd & Ors v Tradition Financial Services Ltd [2021] EWCA Civ 221 (22 February 2021)

Court of Appeal (Criminal Division)

Mohammed v R. [2021] EWCA Crim 201 (23 February 2021)

Williams v R. [2021] EWCA Crim 226 (22 February 2021)

High Court (Chancery Division)

Duffy & Anor v Mederco (Cardiff) Ltd [2021] EWHC 386 (Ch) (23 February 2021)

Mab Leasing Ltd, Re Companies Act 2006 [2021] EWHC 379 (Ch) (23 February 2021)

Lynch v Cadwallader & Anor [2021] EWHC 328 (Ch) (23 February 2021)

Port Finance Investment Ltd, Re [2021] EWHC 378 (Ch) (23 February 2021)

High Court (Commercial Court)

De Havilland Aircraft of Canada Ltd v Spicejet Ltd [2021] EWHC 362 (Comm) (23 February 2021)

Sethia London Ltd v Sethi & Anor [2021] EWHC 367 (Comm) (22 February 2021)

Leeds City Council & Ors v Barclays Bank Plc & Anor [2021] EWHC 363 (Comm) (22 February 2021)

Flowgroup Plc v Co-Operative Energy Lyd [2021] EWHC 344 (Comm) (19 February 2021)

Source: www.bailii.org

Ex-MP cleared of sexual harassment after complainant’s appeal dismissed – The Guardian

‘A former MP has been cleared of sexual harassment alleged to have taken place several years ago in a House of Commons bar, in the first ruling by a new body set up to investigate potential misbehaviour by parliamentarians.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

High Court strikes out bid by councils to rescind loans from Barclays following ‘LIBOR’ rigging affair – Local Government Lawyer

Posted February 24th, 2021 in banking, damages, fraud, loans, local government, misrepresentation, news, striking out by sally

‘A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Covid: Scarborough woman jailed for coughing at police – BBC News

‘A woman who deliberately coughed at police investigating a breach of coronavirus restrictions has been jailed for four months.’

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BBC News, 23rd February 2021

Source: www.bbc.co.uk