February 2021 – Page 10 – Current Awareness

‘An accountant and his father have been convicted of mistakenly killing their relative with a crossbow and murdering a cannabis farm burglar seconds later.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

UK woman who killed disabled son detained in hospital indefinitely – The Guardian

Posted February 12th, 2021 in autism, children, coronavirus, disabled persons, homicide, hospital orders, mental health, news, sentencing by tracey

‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

MPs pass ‘long overdue’ bill for ministers’ paid maternity leave – The Guardian

Posted February 12th, 2021 in bills, maternity leave, news, parliament, pregnancy by tracey

‘MPs have voted to give ministers formal paid maternity leave for the first time, hailed as an “important and long overdue change” as the government pledged to bring forward more sweeping maternity protections before the summer recess.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Watchdogs to inspect controversial barracks housing asylum seekers after health fears – The Independent

Posted February 12th, 2021 in asylum, coronavirus, government departments, health & safety, immigration, inquiries, news, ombudsmen by tracey

‘The UK’s prison and immigration watchdogs are to carry out an investigation of two controversial military barracks that are housing asylum seekers, amid mounting concern about conditions on the sites.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

UK government accused of ‘dragging heels’ on racism – The Guardian

Posted February 12th, 2021 in equality, government departments, human rights, news, race discrimination, racism, select committees by tracey

‘The government is still “dragging its heels” on racism, according to MPs and race equality campaigners critical of its response to a damning parliamentary report on Black people and human rights.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Highways England referred to Crown Prosecution Service over smart motorway death – The Independent

Posted February 12th, 2021 in accidents, coroners, corporate manslaughter, Crown Prosecution Service, inquests, news, road safety, roads by tracey

‘Highways England has been referred to the Crown Prosecution Service to consider if corporate manslaughter charges are appropriate following a smart motorway death.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

Posted February 12th, 2021 in care homes, causing death of children or vulnerable adults, coroners, dentists, disabled persons, inquests, medical treatment, negligence, news, professional conduct by tracey

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Meghan wins privacy case against Mail on Sunday – The Guardian

Posted February 12th, 2021 in copyright, damages, data protection, media, news, privacy, royal family by tracey

‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

London Fire Brigade has only acted on four of 29 recommendations from first stage of Grenfell Inquiry – The Independent

Posted February 12th, 2021 in accidents, codes of practice, delay, emergency services, fire, news by tracey

‘The London Fire Brigade (LFB) has only implemented four of the 29 recommendations suggested to it by the first part of the Grenfell inquiry, a new report has found.’

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The Independent, 12th February 2021

Source: www.independent.co.uk

Effect on Brexit on Part 26A Arrangements and Reconstructions – Wilberforce Chambers

Posted February 11th, 2021 in brexit, chambers articles, EC law, insolvency, news by sally

‘It is one of the ironies of Brexit that the UK has effectively implemented many of the features of the 2019 EU Restructuring Directive[1], providing for restructuring plans with cross-class cram down and moratoria, before all of the remaining EU member states (although the Corporate Insolvency and Governance Act 2020 was avowedly not the implementation of EU law). The EU member states are required to implement the Restructuring Directive by 17 July 2021, although to date only Germany, the Netherlands and Greece have done so and many more are expected to seek an extension of the deadline to July 2022.’

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Wilberforce Chambers, February 2021

Source: www.wilberforce.co.uk

The show must now go on – St Ives Chambers

Posted February 11th, 2021 in adjournment, chambers articles, coronavirus, news, remote hearings, witnesses by sally

‘In the recent case of Bilta (UK) Ltd and others v SVS Securities Plc and others [2021] EWHC 36 (Ch) Mr Justice Smith considered an application on behalf of the Fifth Defendant, Traditional Financial Services (‘TFS’), for an adjournment 1 week before the commencement of a 5 week trial. The case was to be heard in the Rolls Building as part of the Financial List.’

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St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Court of Protection Newsletter – Spire Barristers

Posted February 11th, 2021 in autism, chambers articles, Court of Protection, deprivation of liberty safeguards, disabled persons, elderly, hospitals, learning difficulties, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

Insolvent Defendants – St John’s Chambers

Posted February 11th, 2021 in chambers articles, insolvency, insurance, news, personal injuries, third parties by sally

‘The continuing impact of the Covid-19 pandemic is slowly but surely beginning to cast a shadow over personal injury claims. As the months have rolled on, viable businesses, starved of custom, are facing the prospect of being forced to cease trading. Those same businesses are the Defendants in many ongoing and pending claims. So, what happens when a Defendant becomes insolvent?’

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St John's Chambers, February 2021

Source: stjohnsbuildings.com

Legal issues relating to trees – New Square Chambers

Posted February 11th, 2021 in chambers articles, news, nuisance, trees, trespass by sally

‘Trees can provoke a surprising number of legal disputes which frequently lead to either civil or even criminal litigation.’

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New Square Chambers, 1st February 2021

Source: www.newsquarechambers.co.uk

Employment Law Case Update – St John’s Buildings

Posted February 11th, 2021 in chambers articles, employment, employment tribunals, news by sally

‘2020 saw the Employment Tribunal and higher courts give out fewer judgments due to the pandemic. However, all was not lost and there were still some key judgments shaping the employment sphere and that will no doubt be of interest to lawyers and HR professionals alike.’

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St John's Buildings, 8th February 2021

Source: stjohnsbuildings.com

Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers

Posted February 11th, 2021 in chambers articles, criminal procedure, food hygiene, interpretation, limitations, news, prosecutions, regulations, time limits by sally

‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’

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St Philips Barristers, 9th February 2021

Source: st-philips.com

Re E [2021] EWCOP 7 – The COVID-19 Vaccine & Capacity – Pump Court Chambers

Posted February 11th, 2021 in care homes, chambers articles, consent, coronavirus, Court of Protection, elderly, mental health, news, vaccination by sally

‘It was just over a month between the first Covid-19 vaccination being administered and the first reported COP decision relating to it. As ever, this decision is fact specific, but there are some important points to take away.’

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Pump Court Chambers, 11th February 2021

Source: www.pumpcourtchambers.com

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

Posted February 11th, 2021 in appeals, chambers articles, hospitals, negligence, news, psychiatric damage, striking out by sally

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

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No. 5 Chambers, 8th February 2021

Source: www.no5.com

“Gender reassignment: expanding the protected characteristic” ELA article by Robin Moira White and Sioban Calcott (Brethertons) – Old Square Chambers

Posted February 11th, 2021 in chambers articles, employment, equality, gender, news, transgender persons by sally

‘Old Square Chambers’ Robin White and Sioban Calcott from Brethertons LLP have written an article on “Gender reassignment: expanding the protected characteristic” in the ELA Briefing 2021.’

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Old Square Chambers, 9th February 2021

Source: oldsquare.co.uk