December 2021 – Page 9 – Current Awareness

‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’

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UK Human Rights Blog, 30th November 2021

Source: ukhumanrightsblog.com

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

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Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Raab eyes “drastic action” to keep family disputes out of court – Legal Futures

Posted December 1st, 2021 in budgets, criminal justice, dispute resolution, domestic violence, families, family courts, legal aid, lord chancellor, Ministry of Justice, news, probate, statistics by sally

‘Justice secretary Dominic Raab is “in the market for something quite drastic and bold” to reduce the number of private law family cases in the courts, he said yesterday.’

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Legal Futures, 1st December 2021

Source: www.legalfutures.co.uk

Council facing judicial review for push to get children in vulnerable families back to school – Local Government Lawyer

Posted December 1st, 2021 in coronavirus, disabled persons, judicial review, local government, news, pre-action conduct, school children by sally

‘A Covid-vulnerable family has sent a pre-action protocol letter to a council that it says unlawfully told a headteacher to stop allowing their children to stay home during rises in case numbers.’

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Local Government Lawyer, 30th November 2021

Source: www.localgovernmentlawyer.co.uk

Company Law: How do the courts interpret the articles of association? – Bloomsbury Professional Law Online Blog

Posted December 1st, 2021 in company law, contracts, drafting, interpretation, limitations, news by sally

‘A common problem with the articles of association is the addition of poorly drafted precedents with unambiguous terms. The court is often asked to make judgments on such provisions and to interpret the true meaning of the words used. To instigate the process of establishing the intention of the parties, it is important to consider firstly the articles in terms of their contractual obligations.’

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Bloomsbury Professional Law Online Blog, 22nd November 2021

Source: law.bloomsburyprofessional.com

Home Office U-turn on Sri Lankan scientist’s asylum claim – The Guardian

Posted December 1st, 2021 in asylum, deportation, government departments, immigration, news, refugees, Sri Lanka, torture, visas by sally

‘The Home Office has U-turned on plans to deport a leading scientist carrying out groundbreaking research into affordable forms of solar energy and allowed him and his family to remain in the UK.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

Barristers’ conduct outside of work under increasing scrutiny – Legal Futures

Posted December 1st, 2021 in barristers, bullying, complaints, disciplinary procedures, equality, harassment, news, professional conduct, statistics by sally

‘The number of reports about barristers’ conduct outside their professional lives continues to rise, the Bar Standards Board revealed yesterday.’

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Legal Futures, 1st December 2021

Source: www.legalfutures.co.uk

HIV diagnosis or preventative treatment no longer barrier to the armed forces – MoD – The Independent

Posted December 1st, 2021 in AIDS, armed forces, government departments, HIV, medicines, news by sally

‘Being HIV positive or taking preventative treatment for the disease will no longer be a barrier for serving in the armed forces, the Ministry of Defence has announced.’

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The Independent, 1st December 2021

Source: www.independent.co.uk

Covid: as rules on mask wearing in England return, what exactly is the law? – The Guardian

Posted December 1st, 2021 in coronavirus, fines, government departments, health & safety, news, transport by sally

‘As part of targeted measures to prevent the spread of the new Covid-19 variant Omicron, from 4am on 30 November, people in England will be required by law to wear a face covering in certain places.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

Loss of Chance with Sarah Lambert QC and Dominic Ruck Keene – Law Pod UK

Posted December 1st, 2021 in chambers articles, loss of chance, news, podcasts by sally

‘Emma-Louise Fenelon speaks with Sarah Lambert QC and Dominic Ruck Keene about what practitioners need to know when they encounter loss of chance cases.’

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Law Pod UK, 29th November 2021

Source: audioboom.com

Humza Hussain: Teen jailed for murder outside Luton school – BBC News

Posted December 1st, 2021 in causing death of children or vulnerable adults, children, imprisonment, murder, news, offensive weapons, sentencing, young offenders, young persons by sally

‘A teenager has been jailed for 16 years for murdering a 16-year-old boy outside a school in a revenge killing.’

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BBC News, 30th November 2021

Source: www.bbc.co.uk

Mother jailed for harming baby hits out at ‘unjust’ appeal ruling – The Guardian

Posted December 1st, 2021 in appeals, causing serious physical harm to a child or vulnerable adult, child cruelty, children, domestic violence, families, imprisonment, news, sentencing, victims by sally

‘A mother jailed for harming her baby has accused the courts of “injustice” after judges accepted she was a victim of abuse but ruled against an application for an appeal against her conviction made on the grounds that her violent ex-partner coerced her to lie at her trial.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

UK competition watchdog orders Facebook owner to sell gif website Giphy – The Guardian

Posted December 1st, 2021 in advertising, competition, internet, news, ombudsmen by sally

‘Facebook parent company Meta has been ordered by the UK competition watchdog to sell the gif creation website Giphy, the first time the regulator has moved to block a deal struck by one of the Silicon Valley giants.’

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The Guardian, 30th November 2021

Source: www.theguardian.com

Tony’s Law: Plans for tougher child abuse sentences confirmed – BBC News

Posted December 1st, 2021 in bills, causing death of children or vulnerable adults, child abuse, child cruelty, children, imprisonment, news, sentencing by sally

‘Child abusers in England and Wales could face life in jail under tougher sentencing plans unveiled by ministers.’

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BBC News, 30th November 2021

Source: www.bbc.co.uk

Ex-soldier’s wife found guilty of murdering baby abandoned in woods – The Independent

Posted December 1st, 2021 in abortion, causing death of children or vulnerable adults, children, families, homelessness, immigration, imprisonment, mental health, murder, news, sentencing, visas by sally

‘The wife of a former soldier has been found guilty of the murder of her newborn baby by abandoning him in woodland after she discovered she was pregnant too late to have an abortion.’

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The Independent, 30th November 2021

Source: www.independent.co.uk