Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Month: December 2021
Records vs Recollections: HTR v Nottingham University Hospitals NHS Trust – Ropewalk Clinical Negligence Blog
‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’
Ropewalk Clinical Negligence Blog, 7th December 2021
Source: www.ropewalk.co.uk
Fiona de Londras, Daniella Lock and Pablo Grez Hidalgo: COVID passes and the ongoing abuse of ‘urgent’ law-making – UK Constitutional Law Association
‘Later today the House of Commons will consider the Health Protection (Coronavirus, Restrictions) (Entry to Venues and events) (England) Regulations 2021, which introduce a system mandating the use of COVID passes (or, in formal parlance, “COVID status certifications”). These Regulations are being made using the emergency provisions contained in s. 45R of the Public Health (Control of Disease) Act 1984.’
UK Constitutional Law Association, 14th December 2021
Source: ukconstitutionallaw.org
USA successfully appeals Assange case – UK Human Rights Blog
‘In Government of the United States v Julian Assange [2021] EWHC 3313 (Admin), the High Court allowed the appeal of the United States of America against the ruling of Westminster Magistrates’ Court, thereby permitting the extradition of the WikiLeaks founder to the US where he faces criminal charges relating to the unlawful obtaining and publication of classified defence and national security materials.’
UK Human Rights Blog, 13th December 2021
Source: ukhumanrightsblog.com
The Lionel Cohen Lecture 2021: Judges and Academics, and the Endless Road to Unattainable Perfection – Supreme Court
‘Judges and Academics, and the Endless Road to Unattainable Perfection – Lord Burrows’
Supreme Court, 6th December 2021
Source: www.supremecourt.uk
Judicial decision-making: case studies from Biblical times and now: The Rt Hon. Lady Rose of Colmworth DBE – Supreme Court
‘Judicial decision-making: case studies from Biblical times and now – The Rt Hon Lady Rose of Colmworth DBE”
Supreme Court, 1st December 2021
Source: www.supremecourt.uk
The black box of the judicial visit to P – Local Government Lawyer
‘The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases, writes Alexander Ruck Keene.’
Local Government Lawyer, 10th December 2021
Source: www.localgovernmentlawyer.co.uk
High Court can still authorise deprivation of liberty of child in unregistered home in “imperative conditions of necessity”: Court of Appeal – Local Government Lawyer
‘The statutory scheme established by Section 22C of the Children Act 1989 does not allow unregistered placements, but does not expressly prohibit them, and in cases where conditions of imperative necessity require a child to be placed in such a setting, common law steps in and allows the High Court to exercise its inherent jurisdiction to authorise a deprivation of liberty, the Court of Appeal has ruled.’
Local Government Lawyer, 13th December 2021
Source: www.localgovernmentlawyer.co.uk
Fraudster jailed for near £400k payment recovery scam – Crown Prosecution Service
‘A fraudster has been imprisoned today (13 December 2021) for duping a victim out of nearly £400,000 in a payment recovery fraud.’
Crown Prosecution Service, 13th December 2021
Source: www.cps.gov.uk
Representative claimants generally entitled to CPO costs, tribunal rules – Law Society’s Gazette
‘Representative claimants in collective actions are generally entitled to recover the costs of obtaining a collective proceedings order (CPO), the Competition Appeal Tribunal has ruled. It ordered three train operators accused of overcharging passengers to make a £780,000 interim payment on account.’
Law Society's Gazette, 13th December 2021
Source: www.lawgazette.co.uk
SRA to pay record £228,000 to cover costs of ‘regrettable’ prosecution – Law Society’s Gazette
‘The Solicitors Regulation Authority has paid £228,000 to cover the legal costs of a solicitor following a prosecution abandoned a month before trial.’
Law Society's Gazette, 13th December 2021
Source: www.lawgazette.co.uk
Ex-Fat Duck pastry chef sues for £200k over RSI claims – The Guardian
‘A former pastry chef at Heston Blumenthal’s Fat Duck restaurant has claimed she was left with crippling repetitive strain injury from placing sweets into bags using tweezers and hand-making chocolate playing cards and about 550 whisky wine gums a day, court documents show.’
The Guardian, 13th December 2021
Source: www.theguardian.com
New law will exempt historical abuse payments from means testing across UK – The Independent
‘A change to the law that will see historical, institutional abuse, compensation payments exempted from benefit means testing in Great Britain has been welcomed.’
The Independent, 13th December 2021
Source: www.independent.co.uk
‘Determined’ Carlisle paedophile jailed in vigilante snare – BBC News
‘A “determined paedophile” who sent sexual messages to what he thought was a 14-year-old girl has been jailed.’
BBC News, 14th December 2021
Source: www.bbc.co.uk
Woman who racially abused pub doorman on Birmingham night out jailed – BBC News
‘A woman who racially abused and assaulted a pub doorman has been jailed for 14 weeks.’
BBC News, 13th December 2021
Source: www.bbc.co.uk
Natwest fined £264m after taking deposits of laundered cash in bin bags – The Guardian
‘NatWest has been fined more than £264m for anti-money-laundering failures that involved black bin liners stuffed full of cash being deposited, and sums so large that one branch’s two floor-to-ceiling safes proved “inadequate” for storing it all.’
The Guardian, 13th December 2021
Source: www.theguardian.com
Rape victims with minor criminal convictions blocked from financial compensation – The Independent
‘Hundreds of sexual assault and rape victims with minor criminal convictions are being denied financial compensation, The Independent can reveal.’
The Independent, 13th December 2021
Source: www.independent.co.uk
Post Office scandal: Government to foot bill for postmasters’ compensation – BBC News
‘The government has agreed to foot the bill for the compensation of former Post Office workers who were falsely convicted of theft in the long-running Horizon saga.’
BBC News, 13th December 2021
Source: www.bbc.co.uk
Priti Patel faces legal action over Windrush Compensation Scheme failures – The Independent
‘Priti Patel is facing legal action for the Windrush Compensation Scheme’s failure to pay out to victims – with just 5 per cent receiving money in the four years since the scandal came to light.’
The Independent, 13th December 2021
Source: www.independent.co.uk
Raab to claim overhaul of human rights law will counter ‘political correctness’ – The Guardian
‘Dominic Raab is to outline a sweeping overhaul of human rights law that he claims will counter “wokery and political correctness” and expedite the deportation of foreign criminals.’
The Guardian, 14th December 2021
Source: www.theguardian.com
