Free climber jailed for scaling Shard climbs 36-storey London tower in new stunt – Daily Telegraph

Posted August 4th, 2021 in injunctions, news by sally

‘A climber who was jailed for scaling the Shard with no ropes has made it to the top of a 36-storey London tower undetected by the building’s security.’

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Daily Telegraph, 3rd August 2021

Source: www.telegraph.co.uk

Ben Breakwell: Music teacher convicted over sex with teenage students – BBC News

‘A music teacher who had sex with two girls aged 13 and 14 has been convicted of 32 sexual offences.’

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BBC News, 3rd August 2021

Source: www.bbc.co.uk

High Court judge orders Liverpool City Council to reconsider refusal of indemnity for former elected mayor – Local Government Lawyer

Posted August 4th, 2021 in bribery, costs, indemnities, intimidation, local government, news, witnesses by sally

‘A High Court judge has told Liverpool City Council to revisit whether it should grant an indemnity to its former elected mayor Joe Anderson to defend criminal allegations.’

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Local Government Lawyer, 3rd August 2021

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted August 4th, 2021 in law reports by tracey

High Court (Administrative Court)

Anderson, R (On the Application Of) v Liverpool City Council [2021] EWHC 2205 (Admin) (03 August 2021)

Backland v Monmouthshire County Council [2021] EWHC 2185 (Admin) (03 August 2021)

Wales High Court (Chancery Division)

Sofer v Swissindependent Trustees SA [2021] EWHC 2196 (Ch) (03 August 2021)

Volpi & Anor v Volpi [2021] EWHC 2143 (Ch) (02 August 2021)

High Court (Technology and Construction Court)

Eco World – Ballymore Embassy Gardens Company Ltd v Dobler UK Ltd [2021] EWHC 2207 (TCC) (03 August 2021)

Source: www.bailii.org

Why Is Disability Hate Crime So Hard To Prove? – Each Other

‘Under UK law, something is deemed a hate incident if the victim or anyone else thinks it was motivated by hostility or prejudice based on disability, race, religion, gender identity or sexual orientation. It then becomes a hate crime if it crosses the boundary of criminality.’

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Each Other, 3rd August 2021

Source: eachother.org.uk

Seven men found guilty of murder of Blackburn student Aya Hachem – The Guardian

Posted August 4th, 2021 in bereavement, closed circuit television, families, homicide, murder, news, victims by sally

‘Seven men have been found guilty of murdering a law student, Aya Hachem, in Blackburn last year after a longstanding feud between two tyre firm owners.’

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The Guardian, 4th August 2021

Source: www.theguardian.com

Damages for breach of lease? Possibly not… – Nearly Legal

Posted August 3rd, 2021 in covenants, damages, injunctions, landlord & tenant, leases, news by sally

‘This is a county court case, so not a binding precedent, but it is a) fascinating (if hardly uncommon in London as a situation), and b) a judgment by HHJ Luba QC, so carries the weight of a highly experienced housing/landlord and tenant judge.’

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Nearly Legal, 1st August 2021

Source: nearlylegal.co.uk

Inherent jurisdiction can be used for deprivation of liberty of children amid “scandalous” shortage of approved secure accommodation: Supreme Court – Local Government Lawyer

‘The inherent jurisdiction of the High Court can be used 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, the Supreme Court has held.’

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Local Government Lawyer, 30th July 2021

Source: www.localgovernmentlawyer.co.uk

Compulsory Vaccination for Care Home Workers – legislation coming into force in November – UK Human Rights Blog

Posted August 3rd, 2021 in care homes, care workers, coronavirus, news, regulations, vaccination by sally

‘The government has passed legislation compelling care homes to ensure almost all workers are vaccinated against Covid-19. It comes into force on 11 November 2021, and applies to England only.’

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UK Human Rights Blog, 3rd August 2021

Source: ukhumanrightsblog.com

Supreme Court backs raped tourist in blow to travel industry – Law Society’s Gazette

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘A British woman who was sexually assaulted by a hotel worker on a package holiday has won her Supreme Court appeal, in a judgment of “major importance to the travel industry”.’

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Law Society's Gazette, 30th July 2021

Source: www.lawgazette.co.uk

Registered Designs – Lutec (UK) Ltd v Cascade Holdings Ltd – NIPC Law

Posted August 3rd, 2021 in brexit, EC law, intellectual property, news by sally

‘This case started as an action for the infringement of two registered Community designs, namely 000540927-0001 and 000540927-0002. Before the action came on for trial, the transition or implementation period provided by art 126 of the agreement by which the UK withdraw from the EU expired. The Senior Courts of England and Wales ceased to be Community design courts and registered Community designs ceased to apply to the UK. Art 54 (1) (b) of that agreement provided for holders of registered Community designs to be awarded equivalent registered designs in the UK (see Jane Lambert How Brexit has changed IP Law 17 Jan 2021 NIPC Brexit and Jane Lambert IP after Brexit 26 Jan 2021 Slideshare). Those registered designs are for “Interior lights, Exterior lights” registered in the name of the third claimant under registration number 90005409270001 and “Interior lights, Exterior lights” registered in the name of the same claimant under registration number 90005409270002. The claim proceeded as an action for the infringement of those registered designs.’

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NIPC Law, 2nd August 2021

Source: nipclaw.blogspot.com

New Judgment: In the matter of T (A Child) [2021] UKSC 35 – UKSC Blog

The Supreme Court has unanimously dismissed this appeal concerning two main issues: (i) First, is it a permissible exercise of the High Court’s inherent jurisdiction to make an order authorising a local authority to deprive a child of his or her liberty in this category of case? (ii) Secondly, if contrary to T’s argument the High Court can have recourse to its inherent jurisdiction to make an order of the type in question, what is the relevance of the child’s consent to the proposed living arrangements?

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Underwriting on trial – Mills & Reeve

Posted August 3rd, 2021 in causation, disclosure, evidence, inducements, insurance, misrepresentation, news by sally

‘James Thompson and Suzanne El-Safty consider the importance of underwriting evidence for insurers attempting policy avoidance, in the context of Zurich Insurance plc v Niramax Group Ltd [2021] EWCA Civ 590 (“the Niramax case”) and Jones v Zurich Insurance plc [2021] EWHC 1320 (Comm) (“the Jones case”).’

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Mills & Reeve, 30th July 2021

Source: www.mills-reeve.com

New Judgment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog

Posted August 3rd, 2021 in accountants, agency, estoppel, news, service, Supreme Court, taxation by sally

‘The Supreme Court has unanimously allowed this appeal addressing whether a taxpayer is prevented from challenging the validity of an enquiry into their tax return by HMRC where both parties have proceeded, for nearly a decade, on the mistaken assumption that the enquiry was validly initiated by a letter sent to the taxpayer.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Regulating content on user-to user and search service providers – UK Human Rights Blog

‘The dust has settled since the government released its draft Online Safety Bill. Now is therefore a good time to evaluate its aims, methods, and potential impacts, which we will do so in this two-part post. The first post will have a look at the overall architecture of the bill, discussing what it is trying to do and how it is trying to do it. The second post will survey responses to the bill from academics and civil society campaigners, discussing whether the bill does too much or not enough.’

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UK Human Rights Blog, 2nd August 2021

Source: ukhumanrightsblog.com

Council did not have reasonable system in place to respond to police requests for accommodation for detained juveniles: Court of Appeal – Local Government Lawyer

Posted August 3rd, 2021 in children, criminal procedure, detention, news, police, statutory duty by sally

‘The London Borough of Waltham Forest was in breach of its duty to have a reasonable system in place to respond to requests by the police for secure accommodation for juveniles at risk of being detained in police cells overnight, the Court of Appeal has ruled.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

Assisted dying: Campaigners renewed hope for change in the law – BBC News

Posted August 3rd, 2021 in assisted suicide, bills, news by sally

‘David Peace has motor neurone disease, a terminal illness which gradually affects the brain and nerves.’

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BBC News, 3rd August 2021

Source: www.bbc.co.uk

New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Evaluation of flexible court hours stresses need to get lawyers onboard – Legal Futures

Posted August 3rd, 2021 in courts, flexible working, legal profession, news, pilot schemes by sally

‘Flexible operating hours (FOH) can make it easier for people to access civil and family justice, but there needs to a lot more work to bring solicitors and barristers on board, research into two pilot schemes has said.’

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Legal Futures, 2nd August 2021

Source: www.legalfutures.co.uk

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally – Local Government Lawyer

Posted August 3rd, 2021 in appeals, landlord & tenant, licensing, local government, news, penalties by sally

‘A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk