Sex abuser swimming coach Robert Rixon jailed 25 years – BBC News

Posted November 16th, 2022 in child abuse, news, rape, sentencing, sexual offences by sally

‘A 75-year-old swimming coach has been jailed for 25 years for sexually abusing pupils he taught.’

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BBC News, 15th November 2022

Source: www.bbc.co.uk

An Avoidable Death – Nearly Legal

Posted November 16th, 2022 in fire, health & safety, inquests, inquiries, news by sally

‘“Every death was avoidable” said Richard Millett KC at the closing submission to the Grenfell Inquiry. Now we know from the inquest verdict into the death of two year old Awaab Ishak’s that this death was also thoroughly avoidable,and we know the catalogue of failures that caused the tragedy.’

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Nearly Legal, 15th November 2022

Source: nearlylegal.co.uk

Belsner faces £130k costs payment but Checkmylegalfees “has a future” – Legal Futures

Posted November 16th, 2022 in costs, indemnities, law firms, news, third parties by sally

‘The Court of Appeal has signalled the possibility of a non-party costs order in the Belsner case after ordering the claimant to make an interim costs payment of £130,000.’

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Legal Futures, 16th November 2022

Source: www.legalfutures.co.uk

Home Office’s ‘out-of-date’ grasp of fraud highlighted by watchdog – The Guardian

Posted November 16th, 2022 in fraud, government departments, news by sally

‘The Home Office has an incomplete and out-of-date grasp of the cost of fraud in the UK and a poor understanding of who commits the crime, a public spending watchdog has found.’

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The Guardian, 15th November 2022

Source: www.theguardian.com

Hacking victim retains anonymity in ‘persons unknown’ action – Law Society’s Gazette

Posted November 16th, 2022 in anonymity, computer crime, judgments, news, victims by sally

‘A company working in “security-sensitive and highly classified projects of national significance” has succeeded in having its identity withheld from a summary judgment against the unknown perpetrators of a $6.8m “ransomware” attack. In XXX v Persons Unknown, Mr Justice Cavanagh agreed that a derogation from open justice was needed to prevent the court itself becoming “the instrument of harm”.’

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Law Society's Gazette, 14th November 2022

Source: www.lawgazette.co.uk

Suffolk Police apology over sex abuse victims’ data on website – BBC News

Posted November 16th, 2022 in anonymity, data protection, internet, news, police, sexual offences, victims by sally

‘An investigation has begun after the personal details of sexual abuse victims appeared on a police website.’

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BBC News, 15th November 2022

Source: www.bbc.co.uk

Open Justice : Court Reporting In The Digital Age – Transparency Project

Posted November 15th, 2022 in civil justice, family courts, law reports, media, news by sally

‘On 1 November 2022 the House of Commons Justice Committee published their report : Open Justice: court reporting in the digital age.’

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Transparency Project, 12th November 2022

Source: transparencyproject.org.uk

Mental health may be biggest factor in UK homicides, study finds – The Guardian

Posted November 15th, 2022 in gangs, homicide, mental health, news, reports, statistics by sally

‘Mental health problems may more often be a factor in homicides than gang membership, with most killings potentially preventable, a study suggests.’

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The Guardian, 14th November 2022

Source: www.theguardian.com

High Court refuses to extend interim injunctions stopping hotels from accommodating asylum seekers – Local Government Lawyer

‘A High Court judge has refused to extend ‘without notice’ interim injunctions obtained by Ipswich Borough Council and East Riding of Yorkshire Council that blocked the acccommodation of asylum seekers in local hotels.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk

Four London gang members jailed over armed heists targeting cash vans – The Guardian

‘Four members of an organised crime gang that stole £400,000 in a series of armed robberies targeting cash vans have been jailed.’

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The Guardian, 14th November 2022

Source: www.theguardian.com

Identity of those instructing solicitors not protected by litigation privilege – Legal Futures

Posted November 15th, 2022 in anonymity, news, privacy, privilege, solicitors by sally

‘There is no general rule that the identity of those instructing solicitors on behalf of a corporate client is protected by litigation privilege, the Court of Appeal has ruled.’

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Legal Futures, 15th November 2022

Source: www.legalfutures.co.uk

The UK should be ashamed of ‘joint enterprise’ convictions. America has put us on notice – The Guardian

Posted November 15th, 2022 in imprisonment, joint enterprise, news, racism by sally

‘Six years ago the supreme court ruled these cases were unfair and racially biased. But, as the New York Times has noted, they keep on coming.’

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The Guardian, 15th November 2022

Source: www.theguardian.com

Waking watch costs and flawed reports – Nearly Legal

Posted November 14th, 2022 in fire, health & safety, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v Leaseholders Of Corben Mews (LANDLORD AND TENANT – SERVICE CHARGES – whether reasonably incurred – costs of a waking watch) (2022) UKUT 282 (LC). An Upper Tribunal appeal of an FTT decision that the costs of a waking watch were not reasonably incurred by the landlord and so not recoverable under the service charge.’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

Service charges, burden of proof, and costs of proceedings – Nearly Legal

Posted November 14th, 2022 in burden of proof, costs, landlord & tenant, news, service charges, tribunals by tracey

‘Assethold Ltd v. Nelio Patricio Teixeira Franco (LANDLORD AND TENANT – SERVICE CHARGES – ADMINISTRATION CHARGES – burden of proof – scope of costs incurred for the purpose of the preparation and service of a notice under section 146 of the Law of Property Act 1925) (2022) UKUT 285 (LC).’

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Nearly Legal, 13th November 2022

Source: nearlylegal.co.uk

“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by tracey

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

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OUT-LAW.com, 11th November 2022

Source: www.pinsentmasons.com

Frederick Cowell: The Three Eras of Opposition to the Human Rights Act – UK Constitutional Law Association

‘Before it entered the statute books, before it even had been brought to Parliament, the Human Rights Act (HRA) was subject to opposition which was to only strengthen over time. The nature of that opposition has varied since the publication of White Paper Rights Brought Home in October 1997, but it has served as a vehicle, and site of contestation, for many constitutional debates and disagreements over the past quarter century. Opposition to the HRA is also a reflection of broader social change in British society in the twenty-first century and this understanding is key to any analysis of contemporary proposals for reform.’

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UK Constitutional Law Association, 14th November 2022

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2022 in legislation by tracey

SI 2022/1161 – The Armed Forces Act 2021 (Commencement No. 4) Regulations 2022

SI 2022/1160 – The Armed Forces (Covenant) Regulations 2022

SI 2022/1175 – The Adult Social Care Information (Enforcement) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 14th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Hinduja v Hinduja & Ors [2022] EWCA Civ 1492 (11 November 2022)

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2022] EWCA Civ 1484 (10 November 2022)

Court of Appeal (Criminal Division)

Walker & Ors, R. v [2022] EWCA Crim 1488 (11 November 2022)

R v BXR [2022] EWCA Crim 1483 (10 November 2022)

Musharraf v R. [2022] EWCA Crim 1482 (09 November 2022)

High Court (Administrative Court)

Commissioner of the Police of the Metropolis v A Police Conduct Panel [2022] EWHC 2857 (Admin) (11 November 2022)

Modi v Government of India [2022] EWHC 2829 (Admin) (09 November 2022)

High Court (Chancery Division)

Croxen & Ors v Gas And Electricity Markets Authority & Ors [2022] EWHC 2826 (Ch) (11 November 2022)

High Court (Commercial Court)

CA Indosuez (Switzerland) SA & Anor v Afriquia Gaz SA & Anor [2022] EWHC 2871 (Comm) (11 November 2022)

High Court (King’s Bench Division)

Ahmed v Chojnowski [2022] EWHC 2863 (KB) (11 November 2022)

Holdgate v Bishop [2022] EWHC 2850 (KB) (11 November 2022)

Source: www.bailii.org

Bar to pay £22k legal costs to council and close for two months over alcohol-related violence, magistrates rule – Local Government Lawyer

Posted November 14th, 2022 in appeals, costs, licensed premises, local government, news, violent disorder by tracey

‘A court has ordered a Leicester bar to pay more than £20,000 in legal costs to Leicester City Council after an unsuccessful appeal of licensing restrictions, which were aimed at reducing crime, disorder and noise problems.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

City council secures £59k fine amid “zero tolerance” policy on poorly maintained heritage buildings – Local Government Lawyer

Posted November 14th, 2022 in fines, local government, monuments, news, repairs by tracey

‘Stoke on Trent City Council has warned owners of historic buildings in the city that they will face legal action if they do not maintain their buildings following two successful prosecutions that lead to the courts handing out more than £60,000 in fines.’

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Local Government Lawyer, 14th November 2022

Source: www.localgovernmentlawyer.co.uk