Remote hearing “did not stop witness admitting he had lied” – Litigation Futures

Posted March 30th, 2021 in coronavirus, deceit, news, probate, remote hearings, wills, witnesses by tracey

‘Holding a trial over the validity of a will remotely may have helped a witness admit that the contents of his affidavit were not true, the High Court has suggested.’

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Litigation Futures, 30th March 2021

Source: www.litigationfutures.com

CPS drops more than half of its private prosecutions – Law Society’s Gazette

Posted March 30th, 2021 in Crown Prosecution Service, news, private prosecutions, statistics by tracey

‘The Crown Prosecution Service discontinued more than half of the private prosecutions referred to it in a year, figures seen by the Gazette reveal.’

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Law Society's Gazette, 29th March 2021

Source: www.lawgazette.co.uk

Nottingham men jailed for abusing vulnerable teenage girls – BBC News

‘Two men have been jailed for grooming and sexually abusing three vulnerable teenage girls.’

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BBC News, 29th March 2021

Source: www.bbc.co.uk

Home Office ‘presenting opinion as fact’ on immigration issues, lawyers warn – The Independent

‘Prominent barristers have accused the Home Office of misleading the public on immigration issues in the UK in breach of the civil service code and equating “child rapists” with “failed asylum seekers”.’

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The Independent, 29th March 2021

Source: www.independent.co.uk

Thousands of EU children face ‘cliff edge’ as still without post-Brexit status three months before deadline – The Independent

Posted March 30th, 2021 in brexit, children, families, immigration, news, visas by tracey

‘Thousands of European children living in care in the UK face becoming undocumented within months as only one in four has been granted post-Brexit immigration status, data reveals.’

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The Independent, 30th March 2021

Source: www.independent.co.uk

Crown court backlog has reached ‘crisis levels’, report warns – The Guardian

‘The backlog of crown court cases in England and Wales has reached “crisis levels”, with the increased remand population likely to disproportionately impact children and young people from black and minority ethnic backgrounds, a parliamentary committee has warned.’

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The Guardian, 30th March 2021

Source: www.theguardian.com

GHB: Killer drug to be made a Class B substance – BBC News

Posted March 30th, 2021 in drug offences, murder, news, rape, robbery, sexual offences by tracey

‘A drug used in attacks by the UK’s most prolific rapist and the serial killer Stephen Port will be reclassified.’

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BBC News, 30th March 2021

Source: www.bbc.co.uk

Case Preview: BF (Eritrea) v Secretary of State for the Home Department – EIN Blog

‘On 16 March 2021 the Supreme Court heard the Secretary of State’s appeal in BF (Eritrea) v Secretary of State for the Home Department.’

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EIN Blog, 29th March 2021

Source: www.ein.org.uk

Capacity to marry: NB v MI – Law & Religion UK

Posted March 29th, 2021 in families, family courts, Islam, islamic law, jurisdiction, marriage, news by tracey

‘In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.’

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Law & Religion UK, 26th March 2021

Source: lawandreligionuk.com

Mandatory relief when left in unsuitable temporary accommodation – Nearly Legal

‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’

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Nearly Legal, 28th March 2021

Source: nearlylegal.co.uk

Limitation periods for breach of contract claims: where to begin? – Practical Law: Construction Blog

Posted March 29th, 2021 in construction industry, contracts, limitations, news, time limits by tracey

‘On the face of it, the law of limitation seems fairly straightforward. The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract has been executed as a deed. But what happens when a provision such as the one below is added into the mix? Does this work to extend the limitation period? If not, what exactly does this provision, which I’ll refer to as the Proposed Clause, mean?’

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Practical Law: Construction Blog, 23rd March 2021

Source: constructionblog.practicallaw.com

Joe Tomlinson and Alison Pickup: Putting the Cart before the horse? The Confused Empirical Basis for Reform of Cart Judicial Reviews – UK Constitutional Law Association

‘The Independent Review of Administrative Law has now reported. For a review process that was unnecessarily quick, the Expert Panel, led by Lord Faulks QC, has produced a substantial and detailed analysis. The Report has rightly drawn broad support from across the political spectrum—even if the Government’s support for the report has been accompanied by a new consultation which departs from the Report’s findings on various important points. No doubt, the focus will now shift to the new consultation. However, in this post we want to respectfully take issue with one of the firm conclusions of the Panel: that Cart judicial reviews ought to be discontinued on the basis they are a disproportionate use of judicial resource.’

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UK Constitutional Law Association, 29th March 2021

Source: ukconstitutionallaw.org

MI5 undercover agent policy held lawful – UK Human Rights Blog

‘In Privacy International & Ors v Secretary of State for Foreign And Commonwealth Affairs & Ors [2021] EWCA Civ 330, the Court of Appeal held that the policy which authorises officers of the Security Service (MI5) to run undercover agents who participate in the commission of criminal offences is lawful.’

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UK Human Rights Blog, 26th March 2021

Source: ukhumanrightsblog.com

New Statutory Instruments – legislation.gov.uk

Posted March 29th, 2021 in legislation by tracey

The Automated and Electric Vehicles Act 2018 (Commencement No. 1) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 29th, 2021 in law reports by tracey

Supreme Court

Asda Stores Ltd v Brierley & Ors [2021] UKSC 10 (26 March 2021)

Court of Appeal (Civil Division)

Tunein Inc v Warner Music UK Ltd & Anor [2021] EWCA Civ 441 (26 March 2021)

M (Special Guardianship Order: Leave To Apply To Discharge) (Rev 1) [2021] EWCA Civ 442 (26 March 2021)

Vestel Elektronik Sanayi Ve Ticaret A.S. & Anor v Access Advance LLC & Anor [2021] EWCA Civ 440 (26 March 2021)

Court of Appeal (Criminal Division)

Dunn & Anor, R. v [2021] EWCA Crim 439 (26 March 2021)

High Court (Administrative Court)

Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 736 (Admin) (26 March 2021)

Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 739 (Admin) (26 March 2021)

Sekrieru v The Government of Azerbaijan [2021] EWHC 735 (Admin) (26 March 2021)

High Court (Chancery Division)

The British University in Dubai v Ebrahimi [2021] EWHC 757 (Ch) (26 March 2021)

Sir Henry Royce Memorial Foundation v Hardy [2021] EWHC 714 (Ch) (26 March 2021)

High Court (Family Division)

AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)

High Court (Queen’s Bench Division)

Mace Ltd & Ors v Persons Unknown (Rev 1) [2021] EWHC 726 (QB) (26 March 2021)

Balls v Reeve & Anor [2021] EWHC 751 (QB) (26 March 2021)

Source: www.bailii.org

Judge orders defendant to pay back £90,000 after Right to Buy fraud – Local Government Lawyer

‘A defendant who admitted fraud under the Right to Buy scheme has been ordered to pay back more than £90,000.’

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Local Government Lawyer, 29th March 2021

Source: www.localgovernmentlawyer.co.uk

Our treatment of the vulnerable – Local Government Lawyer

‘The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.’

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Local Government Lawyer, 26th March 2021

Source: www.localgovernmentlawyer.co.uk

£1 million voucher scheme to help families resolve disputes outside of court – Ministry of Justice

Posted March 29th, 2021 in budgets, dispute resolution, families, family courts, Ministry of Justice, news by tracey

‘Separating parents will be helped to avoid stressful court battles through a new million-pound mediation scheme launched by the government today.’

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Ministry of Justice, 26th March 2021

Source: www.gov.uk

Accepting cap on damages deduction “equals informed consent” – Litigation Futures

Posted March 29th, 2021 in consent, costs, damages, fees, news, solicitors by tracey

‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’

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Litigation Futures, 29th March 2021

Source: www.litigationfutures.com

Tribunal: Law firm’s part-time FD was worker, not self-employed – Legal Futures

‘An accountant who acted as a law firm’s part-time finance director through a company was a worker and not self-employed, even though he had another client, an employment tribunal has ruled.’

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Legal Futures, 29th March 2021

Source: www.legalfutures.co.uk