Failure to enact public duty law ‘has worsened England inequality in pandemic’ – The Guardian

Posted February 25th, 2021 in coronavirus, equality, news, statutory duty by sally

‘The failure of successive governments to enact part of the Equality Act, which would have imposed a duty to address socio-economic disadvantage, has exacerbated inequalities in England during the coronavirus pandemic, a thinktank has claimed.’

Full Story

The Guardian, 24th February 2021

Source: www.theguardian.com

Skewen: Coal Authority ‘not liable’ for mine flood damage – BBC News

Posted February 25th, 2021 in compensation, news, Wales, water by sally

‘People flooded out of their homes after a mine blow-out say it is “disgusting” the Coal Authority is refusing to accept liability for the damage caused.’

Full Story

BBC News, 25th February 2021

Source: www.bbc.co.uk

Climate change “could transform legal profession” – Legal Futures

‘Helping clients cope with the repercussions of climate change could transform the legal profession, a Law Society report has predicted, as lawyers focus on “proactive risk management advice”, knowledge of numerous legal frameworks and “out-of-the-box thinking”.’

Full Story

Legal Futures, 25th February 2021

Source: www.legalfutures.co.uk

Welsh watchdog criticises lack of action since home-school scurvy death – The Guardian

Posted February 25th, 2021 in children, education, health, news, Wales by sally

‘The Welsh government is failing in its legal duty to protect the rights of home-educated children a decade after a boy who was being taught by his parents slipped under the radar of education and health officials and died of scurvy, an official report has concluded.’

Full Story

The Guardian, 25th February 2021

Source: www.theguardian.com

The Human Rights Act, 1998 – Oxford Human Rights Hub

Posted February 25th, 2021 in bills, human rights, news by sally

‘A striking feature of the history of Europe since the ending of WW II has been the origin, development, application and enforcement of the international movement for the protection of human rights. That movement has become a vital part of the government of the continent of Europe; it has affected both the larger and smaller states, and brought together states which were enemies in WWII, or were opposed to each other in the Cold War before the fall of the Berlin wall and the ending of communism in many European states.’

Full Story

Oxford Human Rights Hub, 24th February 2021

Source: ohrh.law.ox.ac.uk

Landlords win appeals over “unfair” FTT proceedings where – in absence of hearing – criminal offences found to have been committed – Local Government Lawyer

‘Three private landlords have won appeals at the Upper Tribunal (Lands Chamber) over whether the criminal standard of proof was met in rent disputes at the First Tier Tribunal (FTT).’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Woman with Covid should be allowed to die weeks after giving birth, judge rules – The Guardian

Posted February 25th, 2021 in birth, consent, coronavirus, families, medical treatment, news by sally

‘A woman in her early 30s, who has Covid and remains in an induced coma after giving birth to a son, should be allowed to die, against the wishes of her family, a judge has ruled.’

Full Story

The Guardian, 24th February 2021

Source: www.theguardian.com

Case Preview: Balhousie Holdings Ltd v Commissioners for Her Majesty’s Revenue & Customs (Scotland) – UKSC Blog

Posted February 25th, 2021 in care homes, leases, news, sale of land, Scotland, Supreme Court, VAT by sally

‘In this post, Jacob Gilkes, a member of the tax team at CMS, previews the decision awaited from the UK Supreme Court in the matter of Balhousie Holdings Limited v The Commissioners for Her Majesty’s Revenue & Customs, which concerns whether a sale and leaseback transaction should be regarded for VAT purposes as a disposal by the seller of its “entire interest” in the building.’

Full Story

UKSC Blog, 25th February 2021

Source: ukscblog.com

‘Very dangerous’ Plymouth man jailed for grooming girls on Snapchat – BBC News

Posted February 25th, 2021 in child abuse, internet, news, sentencing, sexual grooming, telecommunications by sally

‘A “very dangerous” man in his thirties who pretended to be 15-years-old to groom three young girls on social media, has been jailed.’

Full Story

BBC News, 24th February 2021

Source: www.bbc.co.uk

Suspended sentence for fraudster who created bogus claims company – Litigation Futures

Posted February 25th, 2021 in accidents, claims management, fraud, news, road traffic, sentencing, suspended sentences by sally

‘A fraudster who faked a road traffic accident and invented a fictitious accident management company to facilitate a whiplash claim has been handed a suspended prison sentence.’

Full Story

Litigation Futures, 24th February 2021

Source: www.litigationfutures.com

Landlord loses appeal over rent repayment order for HMO occupied by tenants housed at direction of council – Local Government Lawyer

‘Sefton Metropolitan Borough Council has secured more than £13,000 in a rent repayment order after the failure of an appeal against it.’

Full Story

Local Government Lawyer, 25th February 2021

Source: www.localgovernmentlawyer.co.uk

Rapist John Worboys loses appeal against two life sentences – The Guardian

Posted February 25th, 2021 in appeals, news, rape, sentencing by sally

‘The black-cab driver John Worboys has lost his appeal against the two additional life sentences he received in 2019 when more victims of the serial rapist came forward.’

Full Story

The Guardian, 24th February 2021

Source: www.theguardian.com

Government urged to ensure convicted sex offenders cannot work as tutors – BBC News

Posted February 25th, 2021 in child abuse, children, criminal records, education, news, sexual offences, vetting by sally

‘The government is being urged to close a legal loophole to stop convicted sex offenders working with children as private tutors.’

Full Story

BBC News, 25th February 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 25th, 2021 in legislation by tracey

The Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 25th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Dale v Banga & Ors [2021] EWCA Civ 240 (24 February 2021)

Quantum Actuarial LLP v Quantum Advisory Ltd [2021] EWCA Civ 227 (24 February 2021)

High Court (Administrative Court)

Xhelilaj, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021)

Sayer v General Osteopathic Council [2021] EWHC 370 (Admin) (24 February 2021)

Teewary v The General Medical Council [2021] EWHC 376 (Admin) (24 February 2021)

T & Anor, R. (On Application of) v Financial Conduct Authority [2021] EWHC 396 (Admin) (24 February 2021)

Shiva Ltd v Boyd (An Inspector of Health And Safety) [2021] EWHC 371 (Admin) (24 February 2021)

High Court (Chancery Division)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2021] EWHC 403 (Ch) (24 February 2021)

Abdulrida & Ors v Al-Najar & Ors [2021] EWHC 398 (Ch) (24 February 2021)

Protasov v Derev [2021] EWHC 392 (Ch) (24 February 2021)

High Court (Commercial Court)

PJSC Tatneft v Bogolyubov & Ors [2021] EWHC 411 (Comm) (24 February 2021)

High Court (Family Division)

JM v RM [2021] EWHC 315 (Fam) (22 February 2021)

High Court (Queen’s Bench Division)

Ware v Paddy French [2021] EWHC 384 (QB) (24 February 2021)

Source: www.bailii.org

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

BBC News, 23rd February 2021

Source: www.bbc.co.uk