UK asylum policy after Brexit – EIN Blog

Posted August 13th, 2021 in asylum, bills, brexit, EC law, government departments, immigration, news, refugees by tracey

‘Since the end of the Brexit transition period on 31 December 2020, the EU’s Common European Asylum System (CEAS) no longer applies to the UK. The government has now introduced its Nationality and Borders Bill to reform the UK’s asylum system.’

Full Story

EIN Blog, 12th August 2021

Source: www.ein.org.uk

UK appeal court clarifies ‘doctrine of merger’ – OUT-LAW.com

Posted August 13th, 2021 in abuse of process, appeals, damages, mergers, news, res judicata by tracey

‘A recent decision by the English Court of Appeal confirms the scope of the “doctrine of merger”, which is designed to prevent an abuse of court process by preventing parties from bringing multiple claims in respect of the same cause of action.’

Full Story

OUT-LAW.com, 12th August 2021

Source: www.pinsentmasons.com

Try before you buy: the price of expert shopping – Practical Law: Construction Blog

Posted August 13th, 2021 in construction industry, expert witnesses, news by tracey

‘When it comes to replenishing my wardrobe, I have little patience for the careful selection of clothes for style and fit (this should come as no surprise). Instead, I am one of those who buys a job-lot of clothes once or twice a year to see me through the next couple of seasons. When I may not have been sufficiently realistic about size, I rely on the ability to change my mind and send things back or exchange for something more appropriate. However, do the same with experts at your peril! The case of Matthew Rogerson (t/a Cottesmore Hotel, Golf and Country Club) v Eco Top Heat & Power Ltd provides a very useful reminder of the court’s approach to expert shopping. As well as a recap on that approach, it invites reflection on how we go about selecting, instructing and managing experts when proceedings are anticipated.’

Full Story

Practical Law: Construction Blog, 11th August 2021

Source: constructionblog.practicallaw.com

How not to conduct a placement application (part 2) – Local Government Lawyer

Posted August 13th, 2021 in adoption, appeals, children, families, local government, news, placement orders by tracey

‘Rebecca Cross looks at a Court of Appeal ruling in a case where the ADM [agency decision maker] failed to carry out their duties properly.’

Full Story

Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

Full Story

Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 13th, 2021 in legislation by tracey

SI 2021/929 – The Education (Student Fees, Awards and Support) (Amendment) (No. 2) Regulations 2021

SI 2021/932 – The Education (School Performance Information) (England) (Coronavirus) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 13th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

B (Children), Re [2021] EWCA Civ 1221 (13 August 2021)

Court of Appeal (Criminal Division)

Grant & Ors, R. v [2021] EWCA Crim 1243 (12 August 2021)

High Court (Administrative Court)

Killoran v Investigative Judge, Antwerp Court of First Instance, Belgium [2021] EWHC 2290 (Admin) (12 August 2021)

High Court (Commercial Court)

Khouj v Acropolis Capital Partners Ltd & Anor [2021] EWHC 2282 (Comm) (11 August 2021)

Source: www.bailii.org

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

Full Story

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Reform of s 25 criteria for a divorce financial settlement: after 50 years it’s time for the Law Commission to propose a new law – Family Law

‘The statutory criteria to decide what is a fair financial settlement on divorce comes from the Matrimonial Causes Act 1973, now almost 50 years old. In reality it derives from judge made law. This has the benefit of being responsive and able to change. It has the disadvantage that there is no public or policy input into the law or changes in the law. It has the significant difficulty that by reference to almost unfettered discretion with propensity for contradictions or nuances in the judge made law it encourages litigation and discourages early settlement. David Hodson has proposed to the Law Commission, in its request for topics for its 14th programme of reform, that there should be a review of the criteria for fair and appropriate financial settlements. This sets out his proposals for the need for reform. It is in a question-and-answer process as required by the Law Commission for any submissions. It would be very helpful to hear from other lawyers and members of the public with their opinions on whether reform is needed and, far more problematical, what that reform should be.’

Full Story

Family Law, 12th August 2021

Source: www.familylaw.co.uk

Modern slavery offences sentencing guidelines published – Sentencing Council

‘We have published new sentencing guidelines for sentencing offenders convicted of modern slavery offences in England and Wales, following consultation. The new guidelines will give judges and magistrates dedicated guidelines to follow when sentencing offenders guilty of offences under the Modern Slavery Act 2015, including slavery, servitude, forced or compulsory labour, and trafficking for the purposes of exploitation.’

Full Story

Sentencing Council, 12th August 2021

Source: www.sentencingcouncil.org.uk

Leeds prison punished inmates by restricting showers, report finds – The Guardian

‘Prisoners were unlawfully prevented from showering daily as punishment for poor behaviour, with shielding and self-isolating inmates also unable to do so, according to a damning report.’

Full Story

The Guardian, 12th August 2021

Source: www.theguardian.com

Facebook could be forced by UK watchdog to sell gif creator Giphy – The Guardian

Posted August 13th, 2021 in competition, internet, news, ombudsmen by tracey

‘Facebook could be forced to sell gif creation website Giphy after an investigation by the UK competition regulator found its takeover could harm competition among social media companies and the digital advertising market.’

Full Story

The Guardian, 12th August 2021

Source: www.theguardian.com

Covid: Watchdog to immediately investigate Covid PCR test cost – BBC News

Posted August 13th, 2021 in competition, consumer protection, coronavirus, holidays, news, ombudsmen by tracey

‘The competition watchdog has said it will investigate the price of PCR Covid tests “immediately”. The health secretary had called for a review into “excessive” pricing and “exploitative practices” among test providers.’

Full Story

BBC News, 12th August 2021

Source: www.bbc.co.uk

Cheshire care worker caught on camera sexually assaulting patient – BBC News

‘A care worker who was caught by a hidden camera sexually assaulting a patient has been jailed.’

Full Story

BBC News, 12th August 2021

Source: www.bbc.co.uk

500,000 EU citizens left ‘in limbo’ awaiting decision over right to stay in UK – The Independent

Posted August 13th, 2021 in brexit, delay, government departments, immigration, news, statistics, visas by tracey

‘More than half a million European citizens living in the UK are still awaiting a decision over their status six weeks on from the June deadline for the settlement scheme.’

Full Story

The Independent, 12th August 2021

Source: www.independent.co.uk

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

Full Story

The Guardian, 12th August 2021

Source: www.theguardian.com

Priti Patel: Men jailed over racist Snapchat video that went viral – BBC News

‘A man has been jailed for making a racist Snapchat video in which he targeted Home Secretary Priti Patel and used racial slurs.’

Full Story

BBC News, 12th August 2021

Source: www.bbc.co.uk