The Good Friday Agreement and the European Convention on Human Rights – UK Human Rights Blog

Posted August 30th, 2023 in brexit, government departments, human rights, news, Northern Ireland by sally

‘On 11 August, a piece from Professor Richard Ekins KC (Hon) set out a case for the UK denouncing the European Convention on Human Rights (ECHR) and leaving the treaty system altogether. One of the main arguments in favour of this is that it would “restore Parliament’s freedom, on behalf of the British people, to decide what our laws should be”. This marks one of the more recent such calls, amid a growing chorus of Ministers in the UK Government and Conservative Party MPs to leave the ECHR. Also, it should be noted that we have been here before. The constitutional aspects of such a move aside, there are particular reasons why it would impact Northern Ireland. While Northern Ireland does not feature in Professor Ekins’ 11 August piece, he has previously written about the interaction between the ECHR and the Good Friday Agreement 1998 (GFA), which underpins the modern devolution settlement in Northern Ireland and which brought an end to a brutal and deadly conflict. This interaction is the subject of this post.’

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UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Competition watchdog to investigate land banks, planning system and private rental sector – Local Government Lawyer

Posted August 30th, 2023 in competition, housing, inquiries, landlord & tenant, local government, news, planning by sally

‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’

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Local Government Lawyer, 29th August 2023

Source: www.localgovernmentlawyer.co.uk

Seventeen years: what does Andrew Malkinson’s wrongful conviction say about the appeals process? – UK Human Rights Blog

‘Earlier this month, the Court of Appeal overturned Andrew Malkinson’s conviction for rape and related assault offences, for which he had spent 17 years in prison. An appeal in 2006 upheld the verdict and applications to the Criminal Case Review Commission (CCRC) in 2012 and 2020 were denied. Finally, a third application last year convinced the CCRC to order fresh DNA analysis. It was this evidence as well as treatment of some previously undisclosed information to do with Malkinson’s witness identification which secured his release.’

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UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Alex Belfield case: Stalking victim Philip Dehany to seek damages – BBC News

‘A man stalked by YouTuber Alex Belfield is seeking compensation, following what a judge described as “a vicious and continued campaign of abuse”.’

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BBC News, 30th August 2023

Source: www.bbc.co.uk

Waking watch costs and failing to do Fire Risk Assessments – Nearly Legal

Posted August 30th, 2023 in fire, health & safety, housing, landlord & tenant, news, service charges by sally

‘This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. The freeholder was given permission to appeal an FTT decision that only the first 7 days worth of costs (of almost 4 months worth) was recoverable.’

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Nearly Legal, 29th August 2023

Source: nearlylegal.co.uk

Landowner who felled more than a hundred trees told to replant them – Local Government Lawyer

Posted August 30th, 2023 in environmental protection, local government, London, news, planning, trees by sally

‘The London Borough of Bromley has said it is considering all legal measures after ordering a landowner to replace 131 trees that were felled without permission.’

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Local Government Lawyer, 29th August 2023

Source: www.localgovernmentlawyer.co.uk

Two women jailed for torturing and killing pet parrot in Carlisle – The Guardian

Posted August 30th, 2023 in animal cruelty, animals, birds, imprisonment, news, sentencing by sally

‘Two women who tortured and killed a friend’s pet parrot during a lengthy drinking session have been jailed by a judge who described their cruelty as “beyond comprehension”.’

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The Guardian, 29th August 2023

Source: www.theguardian.com

Dalston Projects Limited and others v Secretary of State for Transport – Blackstone Chambers

Posted August 29th, 2023 in detention, ministers' powers and duties, news, Russia, sanctions, ships by sally

‘High Court has handed down its first decision on an application brought under s.38 of the Sanctions, Anti-Money Laundering Act 2018 (“SAMLA”) in respect of the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Sanctions Regulations”).’

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Blackstone Chambers, 21st July 2023

Source: www.blackstonechambers.com

Mental health and security of occupation – Nearly Legal

Posted August 29th, 2023 in housing, judicial review, local government, mental health, news by sally

‘This was a judicial review of Haringey’s refusal to award Mr Islam Band A priority on its housing register, rather than Band B.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

Family Justice Council consults on draft guidance on responding to allegations of alienating behaviour – Local Government Lawyer

Posted August 29th, 2023 in children, consultations, domestic violence, families, news by sally

‘The Family Justice Council (FJC) is to consult on draft guidance drawn up by its working group on Responding to alienating behaviour.’

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Local Government Lawyer, 25th August 2023

Source: www.localgovernmentlawyer.co.uk

Distance, affordability, suitability – Nearly Legal

Posted August 29th, 2023 in benefits, equality, homelessness, housing, local government, news, statutory duty by sally

‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’

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Nearly Legal, 28th August 2023

Source: nearlylegal.co.uk

LSB set to beef up rules on how lawyers handle complaints – Legal Futures

Posted August 29th, 2023 in complaints, legal ombudsman, legal services, Legal Services Board, news by sally

‘Lawyers are facing beefed-up rules on dealing with complaints, and the prospect of how quickly they handle them being made public, under proposals published yesterday.’

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Legal Furtures, 25th August 2023

Source: www.legalfutures.co.uk

Deprivation of Liberty Safeguards applications up by 11% since last year – Local Government Lawyer

Posted August 29th, 2023 in deprivation of liberty safeguards, news, social services, statistics by sally

‘New data published by the NHS has revealed there were an estimated 300,765 applications for Deprivation of Liberty Safeguards (DoLS) received between 1 April 2022 to 31 March 2023.’

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Local Government Lawyer, 25th August 2023

Source: www.localgovernmentlawyer.co.uk

Three-quarters of UK lawyers believe AI will increase productivity – Legal Futures

Posted August 29th, 2023 in artificial intelligence, legal profession, legal services, news by sally

‘Artificial intelligence (AI) could help law firms most by increasing their productivity and is also likely to result in more legal work being done by those without traditional legal qualifications, lawyers have said.’

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Legal Futures, 29th August 2023

Source: www.legalfutures.co.uk

Refugee wins last-minute extradition reprieve after trying to return from holiday – The Guardian

Posted August 29th, 2023 in extradition, Italy, news, refugees, Russia, United Nations by sally

‘A refugee who was threatened with extradition when he tried to return to Britain after holidaying in Italy has won a last-minute reprieve.’

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The Guardian, 29th August 2023

Source: www.theguardian.com

‘I struggle not knowing what the future holds’ – Asylum backlog reaches record high – BBC News

Posted August 25th, 2023 in asylum, delay, government departments, immigration, news, refugees, statistics by sally

‘The number of people in the UK waiting for a decision on their asylum claims has risen to a record high, latest Home Office figures show.’

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BBC News, 24th August 2023

Source: www.bbc.co.uk

Court of Appeal finds council had “due regard” to s149 Equality Act when offering accommodation in Walsall to single mother who had lived in London all her life – Local Government Lawyer

Posted August 25th, 2023 in appeals, children, equality, families, homelessness, housing, local government, London, news by sally

‘The Court of Appeal has dismissed a single mother’s appeal against a decision of a reviewing officer of the London Borough of Waltham Forest, finding that the accommodation offered to her was “reasonable and suitable”.’

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Local Government Lawyer, 24th August 2023

Source: www.localgovernmentlawyer.co.uk

Informed Consent: What is the test for reasonable alternative or variant treatments? – Gatehouse Chambers

Posted August 25th, 2023 in appeals, chambers articles, consent, medical treatment, news, Supreme Court by sally

‘The Supreme Court in Montgomery imposed (or perhaps clarified) a duty to ensure that any patient is aware of the material risks involved in any recommended treatment. They also extended the duty to obtain informed consent to informing the patient of “any reasonable alternative or variant treatments.”’

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Gatehouse Chambers, 7th July 2023

Source: gatehouselaw.co.uk

The importance of applying the hearsay rules correctly in asset recovery cases in the magistrates’ court – 5SAH

Posted August 25th, 2023 in assets recovery, chambers articles, forfeiture, hearsay evidence, news by sally

‘James Fletcher & John McNamara discuss the importance of applying the hearsay rules correctly in asset recovery cases in the magistrates’ court.’

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5SAH, 31st July 2023

Source: www.5sah.co.uk

Financial Services and Markets Act 2023: Financial promotions and cryptoassets – Mills & Reeve

Posted August 25th, 2023 in brexit, chambers articles, cryptocurrencies, financial regulation, news by sally

‘The Financial Services and Markets Act 2023 (FSMA 2023) has recently come into force, having received Royal Assent on 29 June 2023. It’s a significant piece of legislation which will introduce some fundamental changes to UK’s post-Brexit and regulatory landscape.’

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Mills & Reeve, 24th August 2023

Source: www.mills-reeve.com