Day: 18 June 2021

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

Posted June 18th, 2021 in brexit, carers, chambers articles, children, citizenship, EC law, families, immigration, news, visas by sally

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Jamie King loses damages bid over Dunkirk role after son’s death – BBC News

Posted June 18th, 2021 in birth, causing death of children or vulnerable adults, damages, hospitals, news, psychiatric damage by tracey

‘Actor Jamie King has lost a High Court bid against an NHS trust after claiming he lost work, including a role in the film Dunkirk, after his son died.’

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BBC News, 17th June 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 18th, 2021 in legislation by tracey

The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2021

The United Kingdom Internal Market Act 2020 (Commencement No. 2) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 18th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Royal Opera House Covent Garden Foundation v Commissioners for Her Majesty’s Revenue and Customs [2021] EWCA Civ 910 (17 June 2021)

High Court (Administrative Court)

Danning, R (On the Application Of) v Sedgemoor District Council [2021] EWHC 1649 (Admin) (17 June 2021)

High Court (Chancery Division)

London Partners Capital Management LLP v Utkan & Anor [2021] EWHC 1647 (Ch) (16 June 2021)

High Court (Commercial Court)

Parsadoust v Hanging Gardens Ltd [2021] EWHC 1594 (Comm) (17 June 2021)

High Court (Patents Court)

Add2 Research And Development Ltd v dSPACE Digital Signal Processing & Control Engineering GMBH & Anor [2021] EWHC 1630 (Pat) (17 June 2021)

High Court (Queen’s Bench Division)

Webb v Jones [2021] EWHC 1618 (QB) (17 June 2021)

Source: www.bailii.org

Religious circumcision in the courts again: P – Law & Religion UK

Posted June 18th, 2021 in children, families, family courts, guardianship, human rights, Islam, local government, news by tracey

‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’

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Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

No preference is a reasonable preference – R (Mallon Montero) v London Borough of Lewisham – Local Government Lawyer

Posted June 18th, 2021 in housing, local government, news, statutory duty by tracey

‘A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

Investigation of organisations using live facial recognition technology in public spaces found none compliant with data protection law: ICO – Local Government Lawyer

Posted June 18th, 2021 in data protection, facial mapping, local government, news, ombudsmen, privacy by tracey

‘An investigation by the Information Commissioner’s Office (ICO) published today (17 June) found that out of a group of organisations using live facial recognition (LFR) technology in public spaces, none were fully compliant with data protection law requirements.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

Drill music as bad character evidence – 6KBW College Hill

Posted June 18th, 2021 in artistic works, bad character, chambers articles, criminal justice, gangs, news, prosecutions, violence by sally

‘The past decade has seen the emergence of ‘drill music’ content increasingly used by the prosecution in criminal trials involving young, black, male defendants accused of gang-related offences.’

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6KBW College Hill, 13th June 2021

Source: blog.6kbw.com

Medical agency admin fee “not recoverable” as part of fixed costs – Litigation Futures

Posted June 18th, 2021 in accidents, compensation, costs, damages, expert witnesses, fees, insurance, law firms, news, personal injuries by tracey

‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Gambling Operating Licences – 11KBW

Posted June 18th, 2021 in appeals, chambers articles, gambling, licensing, news, tribunals by sally

‘In a wide-ranging decision, the First Tier Tribunal has brought clarity to several aspects of regulatory practice associated with gambling operating licences.’

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11KBW, 8th June 2021

Source: www.11kbw.com

Binding arbitration to settle Covid commercial rent disputes – Litigation Futures

Posted June 18th, 2021 in arbitration, coronavirus, debts, government departments, landlord & tenant, Ministry of Justice, news, rent, repossession by tracey

‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

New Assault on Emergency Workers Guidelines – Broadway House Chambers

Posted June 18th, 2021 in assault, chambers articles, emergency services, news, sentencing by sally

‘Last week, the Sentencing Council published revised sentencing guidelines for assault offences and new guidance for assaults on Emergency Workers. The updated guidelines come into effect from 1st July 2021 and apply to all adult offenders.’

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Broadway House Chambers, 2nd June 2021

Source: broadwayhouse.co.uk

Family Arbitration: the outlook after Haley – Family Law

Posted June 18th, 2021 in appeals, arbitration, divorce, families, family courts, financial dispute resolution, news by tracey

‘The recent decision of the Court of Appeal in Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is “wrong”. This article assesses the significance of the decision by looking at its background and context. It sets out our understanding of the procedural implications. Finally, it identifies remaining areas of uncertainty and offers some views as to how they might be resolved.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

Pension sharing orders: Finch v Baker – Family Law

Posted June 18th, 2021 in appeals, divorce, families, financial dispute resolution, news, pensions by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

New minimum standards for rape and sexual assault victim support – Crown Prosecution Service

Posted June 18th, 2021 in codes of practice, criminal justice, Crown Prosecution Service, news, rape, sexual offences, victims by tracey

‘We know that when victims have good emotional and practical support from our excellent ISVA partners, and close liaison with police and prosecutors, the criminal justice process becomes more manageable for them and justice outcomes improve. Currently there is a gap on setting out what best practice looks like – this framework aims to close that gap. New minimum standards for the support of rape and sexual violence victims have today (Friday 18 June) been published by the Crown Prosecution Service (CPS) and the National Police Chiefs’ Council (NPCC).’

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Crown Prosecution Service, 17th June 2021

Source: www.cps.gov.uk

Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems – Courts & Tribunals Judiciary

Posted June 18th, 2021 in civil justice, computer programs, coronavirus, courts, dispute resolution, judges, speeches by tracey

‘Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems.’

Full speech

Courts & Tribunals Judiciary, 17th June 2021

Source: www.judiciary.uk

Parental Alienation: Where Are We All Going Wrong? – Family Law Week

Posted June 18th, 2021 in appeals, children, families, mental health, news by tracey

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for a fact-finding approach to cases involving alleged parental alienation.’

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Family Law Week, 14th June 2021

Source: www.familylawweek.co.uk

Ministers remove children from private youth jail after American contractor fails to fix ‘serious’ flaws – The Independent

Posted June 18th, 2021 in children, detention, Ministry of Justice, news, prisons, young offenders by tracey

‘The UK government is removing all children from a troubled jail for youths run by an American company after some were locked in their rooms for more than 23 hours a day.’

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The Independent, 17th June 2021

Source: www.independent.co.uk

Giving staff legal right to work from home will ‘cause corporate chaos’, businesses warn – The Independent

Posted June 18th, 2021 in company law, coronavirus, employment, flexible working, government departments, news by tracey

‘Businesses have warned Boris Johnson’s government that any attempt to give employees the legal right to work from home would cause “chaos” in offices across the country.’

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The Independent, 17th June 2021

Source: www.independent.co.uk

Manchester Arena bomber should have been identified as threat, inquiry finds – The Guardian

Posted June 18th, 2021 in inquiries, murder, news, security companies, terrorism by tracey

‘The Manchester Arena suicide bomber Salman Abedi should have been identified as a security threat on the night of the attack, a public inquiry has found.’

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The Guardian, 17th June 2021

Source: www.theguardian.com