Month: April 2023

Section 91(14): Is it Now Fit For Purpose? – Becket Chambers

Posted April 11th, 2023 in chambers articles, children, domestic violence, news by sally

‘The application of Section 91(14) has long been seen as a blunt instrument to prevent repeat applications for Section 8 orders been brought by one party or the other. The intentions were noble back in 1991 when it became law, but did not prevent a significant amount of repeat applications being made, often perpetuating domestic abuse by a former partner on the other. Frequently, clients have told me the motivation by their ex-partner making repeat applications, is merely an attempt to control them as they did during their relationship, instead of a desire to do what is in their child’s best interest.’

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Becket Chambers, 28th March 2023

Source: becket-chambers.co.uk

The Tate Modern case: are human rights relevant to property law cases between private parties? – Mills & Reeve

Posted April 11th, 2023 in human rights, news, nuisance, privacy, Supreme Court by sally

‘The recent Supreme Court decision of Fearn v Board of Trustees of the Tate Gallery [2023] will, no doubt, become the leading case in relation to the law on private nuisance, and one might, understandably, overlook the case in terms of what it said about human rights. The Supreme Court said that Article 8, the right to respect for private and family life, was an “unnecessary complication and distraction in this case”.’

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Mills & Reeve, 6th April 2023

Source: www.mills-reeve.com

25 Years On: Is Northern Ireland Closer To A Bill Of Rights? – Each Other

Posted April 11th, 2023 in brexit, human rights, news, Northern Ireland by sally

‘For the last 25 years, following the Belfast (Good Friday) Agreement in 1998 – which helped bring conflict in Northern Ireland to an end – there has been a call for a dedicated Bill of Rights for Northern Ireland.’

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Each Other, 6th April 2023

Source: eachother.org.uk

Infected Blood Inquiry orders compensation to be paid – Inquests and Inquires Law Blog

Posted April 11th, 2023 in blood products, compensation, inquiries, news, personal injuries, reports by sally

‘The Infected Blood Inquiry published its second interim report on Wednesday, 5 April 2023. Steven Snowden KC and Achas Burin of 12KBW, alongside Brian Cummins of Old Square Chambers, represented the largest group of victims in the Inquiry. In this blog article, Achas summarises and comments on the second interim report.’

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Inquests and Inquires Law Blog, 6th April 2023

Source: inquestsandinquirieslawblog.com

Secure Accommodation Order applications do not need a Circuit Judge – Becket Chambers

Posted April 11th, 2023 in children, deprivation of liberty safeguards, detention, family courts, judiciary, news, placement orders by sally

‘This article will set out the law in relation to the judicial allocation for applications under s.25 of the Children Act 1989.’

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Becket Chambers, 2nd March 2023

Source: becket-chambers.co.uk

Covid and Free Speech in the High Court – UK Human Rights Blog

Posted April 11th, 2023 in coronavirus, doctors, freedom of expression, news, vaccination by sally

‘On 5 April 2023 the High Court handed down judgment in Adil v General Medical Council [2023] EWHC 797 (Admin). The case examined the extent to which a professional regulator can interfere with the right to freedom of expression of an individual subject to its regulation, as well as the circumstances in which the Court should accept challenges to decisions made by regulators in the performance of their duties. It is the first case decided by the High Court concerning anti-vaccination statements made by a doctor in relation to the COVID-19 pandemic, and the actions of the General Medical Council (“GMC”) in response.’

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UK Human Rights Blog, 11th April 2023

Source: ukhumanrightsblog.com

The Met To Reopen Closed Police Misconduct Cases – Each Other

Posted April 11th, 2023 in disciplinary procedures, domestic violence, London, news, police, sexual offences by sally

‘The Metropolitan Police has today reported on the progress of Operation Onyx – a review of the police officers and staff against whom the Met has heard concerning reports of domestic or sexual incidents. The cases of London police officers or staff investigated but not dismissed for sexual offences or domestic abuse over the last 10 years are now being reviewed.’

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Each Other, 6th April 2023

Source: eachother.org.uk

Carrying Out and Recording Capacity Assessments – 39 Essex Chambers

Posted April 11th, 2023 in chambers articles, Court of Protection, elderly, mental health, news by sally

‘This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.’

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39 Essex Chambers, 9th March 2023

Source: www.39essex.com

Spousal applications for reasonable financial provision under section 1 (1) (a) of the Inheritance Act 1975: Law and procedure and the judgment of Mr Justice Peel in Kaur v Estate of Karnail Singh & Ors [2023] EWHC 304 (Fam) – Becket Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, family courts, married persons, news, wills by sally

‘It was, Mr Justice Peel concluded, “the clearest possible case” for reasonable financial provision from a deceased’s estate under section 1 (1) (a) of the Inheritance (Provision for Family and Dependants) Act 1975 (IA 1975).’

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Becket Chambers, 15th March 2023

Source: becket-chambers.co.uk

Police in England and Wales less likely to face discipline under new complaints system – The Guardian

Posted April 11th, 2023 in complaints, disciplinary procedures, news, police, statistics by sally

‘Police officers in England and Wales accused of violent and sexual misconduct are less likely to face disciplinary action under the revamped complaints system than the previous discredited regime, figures suggest.’

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The Guardian, 11th April 2023

Source: www.theguardian.com

Easter Break

Posted April 6th, 2023 in holidays by michael

There will be no posts over the Easter holiday. We will resume posting on 11th April 2023.

Coldstream Guard who sold bullets to undercover officer is jailed for three years – The Independent

Posted April 6th, 2023 in abuse of position of trust, armed forces, firearms, guilty pleas, news, sentencing by michael

‘A soldier from the elite unit responsible for protecting the royal family has been jailed for three years after selling bullets to an undercover officer in a police sting.’

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The Independent, 6th April 2023

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 6th, 2023 in law reports by michael

Court of Appeal (Civil Division)

Sainsbury’s Supermarkets Ltd v Clark & Ors [2023] EWCA Civ 386 (06 April 2023)

Williamson v The Bishop of London & Ors [2023] EWCA Civ 379 (05 April 2023)

Secretary of State for the Home Department v Smith [2023] EWCA Civ 376 (05 April 2023)

Contra Holdings Ltd v Bamford [2023] EWCA Civ 374 (05 April 2023)

N (Refusal of Placement Order) [2023] EWCA Civ 364 (05 April 2023)

Court of Appeal (Criminal Division)

Romanenko, R. v [2023] EWCA Crim 368 (05 April 2023)

High Court (Administrative Court)

Hashemi & Anor, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 805 (Admin) (05 April 2023)

High Court (Chancery Division)

Astrazeneca UK Ltd v Tesaro, Inc. [2023] EWHC 803 (Ch) (05 April 2023)

Mate v Mate & Ors [2023] EWHC 806 (Ch) (05 April 2023)

Chug & Anor v Dhaliwal & Anor [2023] EWHC 804 (Ch) (05 April 2023)

Scenna & Anor v Persons Unknown Using the Identity “Nancy Chen” & Ors [2023] EWHC 799 (Ch) (05 April 2023)

High Court (Commercial Court)

Credit Suisse AG v Burgundy Sea Ltd & Ors [2023] EWHC 809 (Comm) (05 April 2023)

High Court (King’s Bench Division)

Tiernan-Spratt & Anor v City Of Wolverhampton Council [2023] EWHC 811 (KB) (05 April 2023)

Al Sadeq v Dechert LLP & Ors [2023] EWHC 795 (KB) (05 April 2023)

Wilson v Emmott [2023] EWHC 816 (KB) (05 April 2023)

High Court (Technology and Construction Court)

Avantage (Cheshire) Ltd & Ors v GB Building Solutions Ltd & Ors [2023] EWHC 802 (TCC) (05 April 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 6th, 2023 in legislation by michael

SI 2023/416 – The Supported Accommodation (England) Regulations 2023

SI 2023/414 – The Data Protection Act 2018 (Transitional Provision) Regulations 2023

SI 2023/413 – The River Tyne (Tunnels) (Revision of Toll) Order 2023

SI 2023/412 – The Value Added Tax (Margin Schemes and Removal or Export of Goods: VAT-related Payments) (Late Payment Interest and Repayment Interest) (Amendment) Order 2023

Source: www.legislation.gov.uk

Suella Braverman facing legal action over broken Windrush pledges – The Independent

Posted April 6th, 2023 in citizenship, colonies, government departments, immigration, judicial review, news by michael

‘Suella Braverman is facing legal action on the eve of the Windrush scandal anniversary for refusing to implement all the recommendations from an independent review into the government’s wrongdoing.’

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The Independent, 6th April 2023

Source: www.independent.co.uk

What would changing the Equality Act mean for trans people and single-sex spaces? – The Guardian

Posted April 6th, 2023 in amendments, equality, gender, news, transgender persons by michael

‘As [ministers] prepare to press ahead with a lengthy and convoluted process, we examine what the reforms would mean for trans people and those advocating for sex-based rights, as well as the motivations behind the move.’

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The Guardian, 5th April 2023

Source: www.theguardian.com

Law change could aid single-sex spaces – watchdog – BBC News

Posted April 6th, 2023 in amendments, equality, gender, news, transgender persons by michael

‘Ministers will consider advice from the human rights watchdog about amending a legal definition of sex – which would make it easier to exclude transgender people from some groups or services.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Cheshunt railway tracks Land Rover driver jailed for 10 years – BBC News

Posted April 6th, 2023 in criminal damage, dangerous driving, drug offences, guilty pleas, news, railways by michael

‘A drug dealer who drove a car along a railway track while fleeing police has been jailed for 10 years.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Teacher awarded £350,000 after pupil assault caused life-changing injuries – The Independent

Posted April 6th, 2023 in assault, compensation, news, teachers, young offenders by michael

‘The teacher in the East of England was left with a brain injury, loss of sight in her left eye and hearing in her left ear, bleeding kidneys, a damaged bladder and psychological injuries as a result of the incident.’

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The Independent, 6th April 2023

Source: www.independent.co.uk

Seven Just Stop Oil activists convicted over London road blockade – The Guardian

Posted April 6th, 2023 in demonstrations, environmental protection, London, news, prosecutions, roads by michael

‘Seven climate activists who glued themselves to the road outside the Natural History Museum in south-west London have been convicted of obstructing a highway.’

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The Guardian, 5th April 2023

Source: www.theguardian.com