Construction of sports facility paused following judicial review challenge to council approval – Local Government Lawyer

Posted August 31st, 2022 in judicial review, local government, news, planning, sport by sally

‘The High Court has given the go-ahead for a judicial review challenge over West Berkshire Council’s decision to grant planning permission for the development of a new sports hub in Newbury.’

Full Story

Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Stephen Port: murder victims’ families say Met ‘insensitive’ to make settlements public – The Guardian

‘The Metropolitan police have been accused of “insensitivity” over their announcement that they have settled compensation claims with relatives of some of the victims murdered by the serial killer Stephen Port.’

Full Story

The Guardian, 30th August 2022

Source: www.theguardian.com

Half of all court cases over breach of anti-social behaviour injunction end with defendant imprisoned, new data shows – Local Government Lawyer

“Almost half of all cases concerning civil injunction breaches brought to court by social housing providers and councils since the first lockdown have resulted in a prison sentence, according to a report from the Bureau of Investigative Journalism.”

Full Story

Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Persil advert banned for misleading green claims – BBC News

Posted August 31st, 2022 in advertising, complaints, environmental protection, news, ombudsmen by sally

‘Unilever’s advert for one of its laundry detergents, Persil, has been banned for being misleading about its environmental benefits.’

Full Story

BBC News, 31st August 2022

Source: www.bbc.co.uk

Immigrants And Asylum Seekers Locked In Cells For Up To 24 hrs Without Legal Representation – Each Other

Posted August 31st, 2022 in asylum, detention, immigration, legal representation, news, prisons by sally

‘People held in Immigration Removal Centres (IRC) have long been entitled to 30 minutes of free immigration legal advice but this does not extend to people held under the immigration act in prisons.’

Full Story

Each Other, 30th August 2022

Source: eachother.org.uk

Conservationists seek judicial review of UK sewage discharge plan – The Guardian

‘The UK government’s plan to cut millions of hours of raw sewage discharges by water companies each year is facing a judicial review on the grounds that it is unlawful.’

Full Story

The Guardian, 31st August 2022

Source: www.theguardian.com

Dad tells of teen daughter’s long wait for rape trial – BBC News

‘The father of a 15-year-old girl, who has been waiting two years for her rape trial, has told the BBC about the devastating impact of court delays.’

Full Story

BBC News, 31st August 2022

Source: www.bbc.co.uk

Sgt Gavin Hillier shot dead by soldier with ‘poor eyesight’ – BBC News

Posted August 30th, 2022 in accidents, armed forces, firearms, news, reports by tracey

‘An army sergeant was shot and killed when he was mistaken for a target by a soldier with “poor eyesight”, an inquiry has found.’

Full Story

BBC News, 29th August 2022

Source: www.bbc.co.uk

Labour urges immediate rights extension for associate prosecutors – Legal Futures

‘The Labour Party has called for the role of associate prosecutors (APs) to be expanded so as to help reduce the massive backlog in criminal cases awaiting hearings.’

Full Story

Legal Futures, 30th August 2022

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted August 30th, 2022 in law reports by tracey

High Court (Administrative Court)

HSK v Crown Prosecution Service [2022] EWHC 2213 (Admin) (26 August 2022)

High Court (Chancery Division)

Dixon v Willan & Ors [2022] EWHC 2160 (Ch) (26 August 2022)

Nostrum Oil & Gas Plc [2022] EWHC 2249 (Ch) (26 August 2022)

Source: www.bailii.org

Proving things and the perils of pro-forma – Nearly Legal

Posted August 30th, 2022 in evidence, housing, news, rent, repayment, witnesses by tracey

‘Camfield & Ors v Uyiekpen & Anor (HOUSING – RENT REPAYMENT ORDER – evidence – pro forma witness statements) (2022) UKUT 234 (LC). An appeal from an FTT decision dismissing an application for a rent repayment order, which shows the importance of establishing ALL the elements of a relevant offence, while also providing a snapshot of the horror show that is “get rich quick” rent to rent set ups.’

Full Story

Nearly Legal, 28th August 2022

Source: nearlylegal.co.uk

Employment, freedom of speech and Evangelical views on sexuality: Walters – Law & Religion UK

‘In Rev Keith Walters v The Active Learning Trust Ltd & Anor [2022] UKET 3324619/2019 the claimant, the minister of an independent Evangelical congregation, supported himself by working as full-time caretaker at the Isle of Ely Primary School [34]. When the dispute arose, the parties agreed that Mr Walters believed that his role as a minister took precedence over his employment and that there might be times when he would need to be released from school to fulfil his ministerial duties such as funerals [37]. The Trust, however, disputed his contention that it had been agreed that, so long as he was present at the start and end of the day, there was no issue with how he spent his time and, further, that he reserved his right to be “unequivocal in publicly stating the Christian doctrine on various issues, some of which may be unpopular” [38]. The ET accepted that there was an agreement to be flexible but did not accept that Mr Walters was either free to do what he wanted during work time or had carte blanche to make public statements against the school’s policies [39]. Further, he had agreed to the Trust’s policies and procedures, including the staff Code of Conduct [40 & 41].’

Full Story

Law & Religion UK, 29th August 2022

Source: lawandreligionuk.com

Tribunal upholds fixed penalties imposed on HMO landlord for property management failures but reduces amount payable – Local Government Lawyer

Posted August 30th, 2022 in houses in multiple occupation, local government, news, penalties, repairs by tracey

‘A landlord has been ordered to pay £23,000 for failing to maintain two Houses in Multiple Occupation (HMO) after Tendring District Council took action.’

Full Story

Local Government Lawyer, 25th August 2022

Source: www.localgovernmentlawyer.co.uk

When Code and RAMS Collide – Local Government Lawyer

‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’

Full Story

Local Government Lawyer, 26th August 2022

Source: www.localgovernmentlawyer.co.uk

Rwanda asylum deal not legally binding: Law Society – Law Society’s Gazette

Posted August 30th, 2022 in asylum, foreign jurisdictions, human rights, Law Society, news, Rwanda by tracey

‘The UK “asylum partnership” with Rwanda is not legally binding, has not been scrutinised by parliament and does not protect the rights of asylum-seekers, the Law Society has said in evidence to the House of Lords on the memorandum of understanding (MoU) for the provision of an asylum arrangement.’

Full Story

Law Society's Gazette, 30th August 2022

Source: www.lawgazette.co.uk

Court ‘chaos’ seeing criminals go free, victims’ commissioner warns, as barristers strike – The Independent

‘Court “chaos” is resulting in criminals going free, the victims’ commissioner has warned, as barristers move to an all-out strike. Record backlogs, which are already seeing cases scheduled late in 2024, are expected to be worsened significantly by a continuous walkout starting on Tuesday that will bring most crown court hearings to a halt in England and Wales.’

Full Story

The Independent, 29th August 2022

Source: www.independent.co.uk

UK fertility watchdog considers laws for gene editing and lab-grown eggs – The Guardian

Posted August 30th, 2022 in anonymity, assisted reproduction, embryology, news, regulations by tracey

‘Human genome editing and lab-grown eggs that could theoretically allow same-sex couples to have biological children are among the anticipated scientific advances being discussed by the fertility watchdog to “future-proof” any prospective laws.’

Full Story

The Guardian, 26th August 2022

Source: www.theguardian.com

Stephen Port murders: Families of victims receive Met pay-out – BBC News

‘The families of three men murdered by Stephen Port have received payments from the Met Police over its “investigatory failings”.’

Full Story

BBC News, 30th August 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 26th, 2022 in legislation by tracey

SI 2022/916 – The Elections Act 2022 (Commencement No. 2) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 26th, 2022 in law reports by tracey

High Court (Administrative Court)

DF v Amtsgericht Nurnberg, Germany [2022] EWHC 2224 (Admin) (25 August 2022)

High Court (Family Division)

Birmingham Women’s And Children’s NHS Foundation Trust v J & Ors (Rev1) [2022] EWHC 2229 (Fam) (24 August 2022)

High Court (Technology and Construction Court)

Pickett v Balkind [2022] EWHC 2226 (TCC) (25 August 2022)

Source: www.bailii.org