Day: 22 February 2023

The Ethical Decision-Making Model by the Home Office – EIN Blog

Posted February 22nd, 2023 in bereavement, elderly, families, government departments, immigration, news by tracey

‘We acted on behalf of a woman who came to the UK as a visitor from India in September 2021 and who has lived here with her son and his family. Her husband passed away and she came to stay with her son to be supported during the bereavement period, unsure as to the length of time she would be able to remain in the UK. She is suffering from a range of medical issues and has a complex medical history that requires constant monitoring.’

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EIN Blog, 22nd February 2023

Source: www.ein.org.uk

Raw sewage in the Court of Appeal – UK Human Rights Blog

Posted February 22nd, 2023 in appeals, environmental health, human rights, judicial review, news, pollution, waste, water by tracey

‘The pumping of raw, untreated sewage into Britain’s waterways is one of the defining political issues of the day. Its potency as a legal issue, however, is limited. That, at least, is the outcome of R (Wild Justice) v OFWAT [2023] EWCA Civ 28.’

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UK Human Rights Blog, 21st February 2023

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 22nd, 2023 in legislation by tracey

SI 2023/180 – The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2023

SI 2023/178 – The Alternative Fuel Payment Pass-through Requirement (England and Wales and Scotland) Regulations 2023

SI 2023/171 – The National Health Service (Amendments Relating to Pre-Payment Certificates, Hormone Replacement Therapy Treatments and Medicines Shortages) Regulations 2023

SI 2023/174 – The Education (School Day and School Year) (England) (Amendment) Regulations 2023

SI 2023/163 – The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 22nd, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Quantum Care Ltd & Anor v Modi [2023] EWCA Civ 171 (21 February 2023)

H-W (Care Proceedings: Further Fact-Finding Hearing) [2023] EWCA Civ 149 (21 February 2023)

R3 v Secretary of State for the Home Department [2023] EWCA Civ 169 (17 February 2023)

High Court (Administrative Court)

Lazari Properties 2 Ltd v The Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 353 (Admin) (21 February 2023)

High Court (King’s Bench Division)

Goldhill Finance Ltd v Smyth [2023] EWHC 362 (KB) (21 February 2023)

Smith & Anor v Surridge & Ors [2023] EWHC 351 (KB) (20 February 2023)

High Court (Technology and Construction Court)

Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2023] EWHC 360 (TCC) (21 February 2023)

Source: www.bailii.org

Estate agent who failed to comply with selective licensing scheme to pay £35k after council prosecution – Local Government Lawyer

Posted February 22nd, 2023 in estate agents, fines, housing, landlord & tenant, local government, news by tracey

‘An estate agent that failed to license three residential properties subject to a selective licensing scheme has been ordered to pay £35,000 following a successful prosecution by Enfield Council.’

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Local Government Lawyer, 20th February 2021

Source: www.localgovernmentlawyer.co.uk

Major social landlord to pay more than £2k after disabled resident left without use of toilet – Local Government Lawyer

Posted February 22nd, 2023 in compensation, disabled persons, housing, local government, maladministration, news, ombudsmen, repairs by tracey

‘The Housing Ombudsman has found severe maladministration at major social landlord Clarion after repeated drain blockages left a disabled resident unable to use a functioning toilet in their new build home.’

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Local Government Lawyer, 21st February 2023

Source: www.localgovernmentlawyer.co.uk

High Court judge sets aside order requiring council to provide interim relief to asylum seeker bringing legal challenge over age assessment – Local Government Lawyer

Posted February 22nd, 2023 in asylum, benefits, children, immigration, judicial review, local government, news, young persons by tracey

‘A High Court judge has granted an application from Liverpool City Council to set aside his order requiring it to provide interim relief to an asylum seeker who claimed that an age assessment carried out by the local authority was “erroneous”.’

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Local Government Lawyer, 21st February 2023

Source: www.localgovernmentlawyer.co.uk

Experts “too quick to dismiss” public concern over use of court data – Legal Futures

Posted February 22nd, 2023 in civil justice, criminal justice, data protection, Ministry of Justice, news by tracey

‘Senior government officials and lawtech specialists accept there is “meaningful” public concern about the use of data from the justice system, but often suggest the public does not “really understand the system”, a report has found.’

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Legal Futures, 22nd February 2023

Source: www.legalfutures.co.uk

Juries in rape cases more likely to convict than acquit – Law Society’s Gazette

Posted February 22nd, 2023 in criminal justice, juries, news, rape, sexual offences, statistics by tracey

‘Juries in rape cases are more likely to convict than acquit a defendant, according to landmark research analysing nearly six million charges and every verdict reached between 2007 and 2021. The research, conducted by UCL’s Professor Cheryl Thomas, was commissioned by HM Judiciary after a petition was submitted to parliament calling for all jurors in rape trials to complete compulsory training about rape. The petition, signed by 16,445 people, stated that research showed jurors accepted commonly held rape myths, resulting in many incorrect not guilty verdicts.’

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Law Society's Gazette, 21st February 2023

Source: www.lawgazette.co.uk

NHS trust faces £35k bill after legal row – BBC News

Posted February 22nd, 2023 in fees, hospitals, local government, news by tracey

‘A Leicestershire NHS trust has been ordered to pay Harborough District Council £35,000 in legal fees after losing a court battle.’

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BBC News, 21st February 2023

Source: www.bbc.co.uk

High Court to hear first stage of ‘partygate’ challenge against Met Police – The Independent

Posted February 22nd, 2023 in coronavirus, government departments, inquiries, judicial review, news, police by tracey

‘The High Court will hear the first stage of a challenge against the Metropolitan Police over the force’s investigation into former prime minister Boris Johnson’s attendance at Number 10 parties during lockdown.’

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The Independent, 22nd February 2023

Source: www.independent.co.uk

Nicola Bulley: Lancashire Police investigated over death of another mother – The Independent

Posted February 22nd, 2023 in assault, bail, bereavement, missing persons, news, police, professional conduct by tracey

‘A police officer from the force criticised over the Nicola Bulley search is being investigated for gross misconduct after the death of a young mother who was also reported missing.’

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The Independent, 22nd February 2023

Source: www.independent.co.uk

Black people labelled ‘backward’ as children seek justice for lifelong trauma – The Guardian

Posted February 22nd, 2023 in children, compensation, damages, education, government departments, learning difficulties, news, race discrimination, racism, special educational needs by tracey

‘Black people wrongly labelled “educationally subnormal” as children in the UK before being sent to special schools have launched a campaign demanding an apology and compensation from the government.’

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The Guardian, 21st February 2023

Source: www.theguardian.com

Change to treasure law ‘will keep more artefacts in UK museums’ – The Guardian

Posted February 22nd, 2023 in news, treasure by tracey

‘A rise in the number of detectorists unearthing historical artefacts has prompted an effort to broaden the legal definition of treasure to help museums to acquire important items.’

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The Guardian, 18th February 2023

Source: www.theguardian.com

Shamima Begum: judges to rule if removal of UK citizenship was lawful – The Guardian

Posted February 22nd, 2023 in citizenship, government departments, immigration, news, terrorism by tracey

‘Judges will give their decision on Wednesday whether the removal of British citizenship from Shamima Begum, who left the UK as a 15-year-old schoolgirl to join Islamic State (IS), was lawful.’

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The Guardian, 22nd February 2023

Source: www.theguardian.com

Nicola Bulley: Ofcom ‘extremely concerned’ by family media complaints – BBC News

Posted February 22nd, 2023 in bereavement, complaints, families, media, missing persons, news, ombudsmen, privacy by tracey

‘Broadcasting regulator Ofcom has said it was “extremely concerned” to hear complaints made about ITV and Sky News by the family of Nicola Bulley. Ofcom said it had written to both “to ask them to explain their actions”.’

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BBC News, 21st February 2023

Source: www.bbc.co.uk