Department for Work and Pensions Faces Court Case For ‘Human Rights Breach’ – Each Other

Posted November 30th, 2021 in benefits, coronavirus, disabled persons, human rights, judicial review, news by tracey

‘The Department for Work and Pensions (DWP) is facing a court case which alleges a human rights breach that could see the Government ordered to pay £1,560 each to over two million benefits claimants.’

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Each Other, 29th November 2021

Source: eachother.org.uk

Facial recognition firm faces possible £17m privacy fine – BBC News

Posted November 30th, 2021 in artificial intelligence, data protection, facial mapping, fines, news, privacy by tracey

‘An Australian firm which claims to have a database of more than 10 billion facial images is facing a potential £17m fine over its handling of personal data in the UK.’

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BBC news, 29th November 2021

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted November 30th, 2021 in legislation by tracey

SI 2021/1340 – The Health Protection (Coronavirus, Wearing of Face Coverings) (England) Regulations 2021

SI 2021/1339 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 21) Regulations 2021

SI 2021/1338 – The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 4) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 30th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Building Design Partnership Ltd v Standard Life Assurance Ltd [2021] EWCA Civ 1793 (29 November 2021)

High Court (Chancery Division)

Crypton Digital Assets Ltd & Anor v Blockchain Luxembourg SA & Ors [2021] EWHC 3194 (Ch) (29 November 2021)

Webster v Penley & Anor [2021] EWHC 3198 (Ch) (29 November 2021)

McLinden v Lu [2021] EWHC 3171 (Ch) (26 November 2021)

Source: www.bailii.org

Taxi licensing and the fit and proper person test – Local Government Lawyer

Posted November 30th, 2021 in child abduction, licensing, local government, news, taxis by tracey

‘Sefton Council has overturned a Magistrates Court’s decision to grant a taxi licence to an ex-policeman convicted of child abduction. Gary Grant explains how.’

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Local Government Lawyer, 29th November 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects appeal in homelessness case over level of inquiries made – Local Government Lawyer

Posted November 30th, 2021 in appeals, homelessness, housing, local government, news, reasons by tracey

‘The Court of Appeal has dismissed a claim that a London borough made insufficient inquiries into the reason why an appellant was homeless.’

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Local Government Lawyer, 29th November 2021

Source: www.localgovernmentlawyer.co.uk

Judges and lawyers call for curbs on misuse of SLAPPs – Legal Futures

‘Senior judges and lawyers on a panel chaired by former Supreme Court president Lord Neuberger have called for legal reforms to curb “strategic lawsuits against public participation” (SLAPPs).’

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Legal Futures, 30th November 2021

Source: www.legalfutures.co.uk

Blueprint for family court monitoring mechanism unveiled – Law Society’s Gazette

Posted November 30th, 2021 in domestic violence, family courts, news, pilot schemes, victims by tracey

‘A monitoring mechanism to improve the family court’s response to domestic abuse will be piloted next spring, the domestic abuse commissioner and victims commissioner have revealed.’

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Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

‘Experienced’ LiP refused adjournment for pro bono counsel’s unavailability – Law Society’s Gazette

Posted November 30th, 2021 in adjournment, executors, litigants in person, negligence, news, pro bono work by tracey

‘A High Court judge has refused a litigant’s plea to adjourn a hearing date on the basis his preferred barrister was double booked on that date.’

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Law Society's Gazette, 30th November 2021

Source: www.lawgazette.co.uk

Windrush: Care leavers say compensation is being denied – BBC News

Posted November 30th, 2021 in care orders, children, citizenship, colonies, compensation, immigration, news by tracey

‘Government compensation is being denied to some Windrush victims who were in care as children, it is claimed.’

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BBC News, 30th November 2021

Source: www.bbc.co.uk

Gunman aged 14 sentenced to life for ‘evil’ murder of Birmingham schoolboy – The Independent

Posted November 30th, 2021 in murder, news, sentencing, young offenders by tracey

‘A 14-year-old boy believed to be Britain’s youngest defendant convicted of a gun murder has been handed a life sentence and ordered to serve at least 16 years behind bars.
Yussuf Mustapha, who turned 14 just three weeks before he shot and killed Birmingham schoolboy Keon Lincoln, can now be named in media reports after a judge lifted an order protecting his identity.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Ban on Troubles prosecutions ‘legally dubious and morally corrupt’, says Hain – The Independent

Posted November 30th, 2021 in bills, homicide, inquests, news, Northern Ireland, prosecutions by tracey

‘Controversial plans to ban prosecutions for Troubles murders are “legally dubious, constitutionally dangerous and morally corrupt”, a former Northern Ireland secretary has said.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Paralysed jockey Freddy Tylicki sues rider Graham Gibbons for £6m over fall – BBC News

Posted November 30th, 2021 in causation, horse racing, negligence, news, personal injuries by tracey

‘Former Flat jockey Freddy Tylicki’s £6m negligence claim against fellow rider Graham Gibbons has begun in the High Court.’

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BBC News, 29th November 2021

Source: www.bbc.co.uk

Tougher penalties for child cruelty through ‘Tony’s Law’ – Ministry of Justice

Posted November 30th, 2021 in bills, child abuse, child cruelty, news, press releases, sentencing by tracey

‘Child abusers will face more time behind bars after the Government confirmed plans to increase the maximum penalties for a range of cruelty offences.’

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Ministry of Justice, 30th November 2021

Source: www.gov.uk

Victims of sexual violence let down by UK asylum system, report says – The Guardian

Posted November 30th, 2021 in asylum, news, reports, sexual offences, victims by tracey

‘Victims of sexual violence face further abuse and trauma as a result of the UK asylum process and are systematically let down by authorities, according to a report.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

FCDO racially discriminated against black senior civil servant, tribunal rules – The Guardian

‘The Foreign, Commonwealth and Development Office racially discriminated against a black senior civil servant after launching an inquiry into her sex life, an employment tribunal has ruled.’

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The Guardian, 30th November 2021

Source: www.theguardian.com

Carole Packman murder: Russell Causley returned to prison – BBC News

‘A murderer who refuses to reveal the whereabouts of his wife’s body has been returned to jail after breaching his parole licence conditions.’

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BBC News, 29th November 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 29th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Hussain & Anor v Secretary of State for the Home Department [2021] EWCA Civ 2781 (26 November 2021)

Ciftci v London Borough of Haringey [2021] EWA Civ 1772 (26 November 2021)

McKeown v Langer [2021] EWCA Civ 1792 (26 November 2021)

Carrington v Revenue And Customs [2021] EWCA Civ 1724 (26 November 2021)

Court of Appeal (Criminal Division)

Hunter & Anor, R. v [2021] EWCA Crim 1785 (26 November 2021)

High Court (Administrative Court)

S&S Consulting Services (UK) Ltd, R (On the Application Of) v Revenue And Customs [2021] EWHC 3174 (Admin) (26 November 2021)

Ok, R (On the Application Of) v The Royal Free London NHS Foundation Trust [2021] EWHC 3165 (Admin) (26 November 2021)

Youssef, R (On the Application Of) v The Secretary of State for Foreign, Commonwealth and Development Affairs [2021] EWHC 3188 (Admin) (26 November 2021)

High Court (Chancery Division)

Hall v Hall & Ors [2021] EWHC 3183 (Ch) (26 November 2021)

Bank of Scotland Plc v Hoskins [2021] EWHC 3190 (Ch) (26 November 2021)

High Court (Commercial Court)

Neath Port Talbot (Recycling) Ltd v James Heys & Sons Ltd [2021] EWHC 3157 (Comm) (26 November 2021)

High Court (Family Division)

Al Saleh v Nakeeb [2021] EWHC 3186 (Fam) (26 November 2021)

YP (Adoption of 18 Year Old) [2021] EWHC 3168 (Fam) (26 November 2021)

High Court (Patents Court)

Interdigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2021] EWHC 3192 (Pat) (26 November 2021)

High Court (Queen’s Bench Division)

Joe Macari Servicing Ltd v Chequered Flag International Inc [2021] EWHC 3175 (QB) (25 November 2021)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted November 29th, 2021 in legislation by tracey

SI 2021/1323 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 19) Regulations 2021

SI 2021/1322 – The Equality Act 2010 (Commencement No. 16) (Wales and Scotland) Order 2021

SI 2021/1331 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 20) Regulations 2021

Source: www.legislation.gov.uk

Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog

‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.

Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’

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EIN Blog, 26th November 2021

Source: www.ein.org.uk