Ofsted issues warning against placement of vulnerable children in unregistered homes – Local Government Lawyer

‘Ofsted has warned that “too often”, children subject to deprivation of liberty (DoL) orders are placed in illegal unregistered settings without external oversight.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Widower of jailed Post Office worker loses appeal in wake of Horizon scandal – The Guardian

‘The widower of a Post Office worker jailed after being convicted of theft has lost a court of appeal fight as a judge ruled that the conviction was not based on evidence from the scandal-hit Horizon software.’

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The Guardian, 15th August 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted August 16th, 2023 in law reports by tracey

High Court (Chancery Division)

Tomlinson v Tomlinson & Ors [2023] EWHC 2083 (Ch) (15 August 2023)

High Court (Family Division)

Augousti v Matharu (Rev1) [2023] EWHC 1900 (Fam) (10 August 2023)

Source: www.bailii.org

“Due regard” and statutory guidance-(I) – Law & Religion UK

Posted August 15th, 2023 in building law, Church of England, ecclesiastical law, faculties, news by sally

‘The requirement to have “due regard” to statutory guidance is an important obligation placed upon the various actors in both consistory court proceedings and tribunals considering the Clergy Discipline Measure. This post considers guidance produced under the Dioceses, Pastoral and Mission Measure 2007. Part II will address the authority of guidance; the application of guidance and sanctions; and Clergy Discipline and Safeguarding.’

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Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

Vampire-obsessed murderer Mathew Hardman’s case to be reviewed – BBC News

Posted August 15th, 2023 in appeals, Criminal Cases Review Commission, DNA, murder, news, young offenders by sally

‘A vampire-obsessed killer convicted of murdering a woman is having his case reviewed by the organisation which investigates miscarriages of justice.’

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BBC News, 14th August 2023

Source: www.bbc.co.uk

Bribery arrests bring corruption risks faced by mining firms into focus – OUT-LAW.com

Posted August 15th, 2023 in bribery, corruption, national crime agency, news by sally

‘Recent charges brought by the UK’s National Crime Agency (NCA) highlight the need for businesses to be alert to the risk of bribes being solicited to move their projects forward, an expert in managing corruption risk has said.’

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OUT-LAW.com, 14th August 2023

Source: www.pinsentmasons.com

Millionaire wins cash fight with estranged wife despite judge dubbing him ‘liar’ – The Independent

Posted August 15th, 2023 in divorce, financial provision, news, witnesses by sally

‘A 74-year-old millionaire accused of “squirrelling away” at least £27 million has won a family court fight over money with his estranged American millionaire wife despite being described by a judge as an “inveterate liar”.’

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The Independent, 14th August 2023

Source: www.independent.co.uk

Grooming cases at record high amid online safety laws delay- BBC News

Posted August 15th, 2023 in amendments, bills, child abuse, delay, internet, news, sexual grooming by sally

‘Tens of thousands of online grooming crimes have been recorded during the wait for updated online safety laws.’

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BBC News, 15th August 2023

Source: www.bbc.co.uk

Parents of baby killed by their husky in Lincolnshire given suspended sentences – The Guardian

Posted August 15th, 2023 in children, dogs, guilty pleas, news, sentencing, suspended sentences by sally

‘The parents of a three-month-old girl who was mauled to death by one of their husky dogs have been given suspended jail sentences.’

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The Guardian, 14th August 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 14th, 2023 in legislation by tracey

SI 2023/900 – The Business and Planning Act 2020 (Pavement Licences) (Coronavirus) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 14th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Ahamed, R (On the Application Of) v London Borough of Haringey [2023] EWCA Civ 975 (11 August 2023)

High Court (Administrative Court)

AI, R (On the Application Of) v London Borough of Wandsworth (Rev1) [2023] EWHC 2088 (Admin) (11 August 2023)

High Court (Chancery Division)

Perhar v Freestone & Ors [2023] EWHC 2065 (Ch) (11 August 2023)

Colicci & Ors v Grinberg & Anor (Re Costs) [2023] EWHC 2075 (Ch) (11 August 2023)

High Court (Commercial Court)

Exelogen Inc v University of Birmingham [2023] EWHC 1523 (Comm) (11 August 2023)

High Court (Family Division)

JC v SS (Hague Convention: Consent; Child’s Objections; Article 13(b)) [2023] EWHC 2063 (Fam) (10 August 2023)

Source: www.bailii.org

Suitability s202 reviews and ‘minded to’ regulations – Nearly Legal

Posted August 14th, 2023 in appeals, children, education, families, homelessness, housing, local government, news by tracey

‘Elbhiri v Royal Borough of Kensington and Chelsea. 9 December 2022. Central London County Court (Unreported – copy of judgment )
This is a s.204 appeal judgment that I have been sitting on for an inexcusably long time, ever since I was kindly sent the judgment. This is particularly inexcusable as it is a very interesting point at issue in this appeal. The brief background was that RBKC owed Ms Elbhiri the full housing duty following her homeless application. Ms E had been placed in temporary accommodation under s.193 Housing Act 1996. She then sought a review under s.202 of the suitability of the accommodation. The review upheld the suitability of the accommodation and Ms E brought a s.204 appeal.’

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Nearly legal, 13th August 2023

Source: nearlylegal.co.uk

Coronial powers and the rights of the unborn (Part 1) – UK Human Rights Blog

‘In this two-part article, Maya Sikand KC, Tom Stoate, and Ruby Peacock, explore two difficult questions arising from the inquest into the “harrowing circumstances” of the death of a baby, Aisha Cleary, at HMP Bronzefield. This first part seeks to answer the question: should coroners have jurisdiction to investigate stillbirths?’

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UK Human Rights Blog, 11th August 2023

Source: ukhumanrightsblog.com

Beware misusing personal data – Local Government Lawyer

Posted August 14th, 2023 in damages, data protection, disclosure, fraud, housing, local government, news by tracey

‘A claimant recently won a High Court damages claim against a London borough for misuse of personal data, with the council ordered to pay £6,000 in damages. Ibrahim Hasan explains why.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

The 10 commandments? The 10 principles of the duty of candour – Local Government Lawyer

Posted August 14th, 2023 in codes of practice, disclosure, judicial review, local government, news by tracey

‘Colin Ricciardiello and Jonathan Blunden analyse the latest ruling on the duty of candour in judicial review proceedings.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

Courts operate at full throttle to cut delays – Ministry of Justice

Posted August 14th, 2023 in Crown Court, delay, Ministry of Justice, news by tracey

‘The Crown Court will work at maximum capacity for the third year running to reduce waiting times to deliver access to justice, Justice Secretary Alex Chalk has today (11 August 2023) announced.’

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Ministry of Justice, 11th August 2023

Source: www.gov.uk

Research Briefing: Artificial intelligence and employment law – House of Commons Library

‘Employers are increasingly using AI in recruitment and management. This briefing explores the employment law implications and proposals for regulatory reform.’

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House of Commons Library , 11th August 2023

Source: commonslibrary.parliament.uk

Litigant in person made ‘unacceptable’ threats to judge – Law Society’s Gazette

‘The solution for a dissatisfied litigant is not to threaten the judge, an Insolvency and Company Courts judge has noted, revealing ”deep concern’’ at threats made as he delivered judgment.’

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Law Society's Gazette, 11th August 2023

Source: www.lawgazette.co.uk

Woman in Teesside accused of carrying out own abortion to appear before judge – The Guardian

Posted August 14th, 2023 in abortion, news, pregnancy by tracey

‘A 22-year-old woman accused of procuring a poison to abort her child shortly after the first Covid lockdown is due to appear before a judge this week. Bethany Cox is the fourth woman to be prosecuted in the last eight months for allegedly carrying out her own abortion, with only three trials in the 160 years before that, according to campaigners.’

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The Guardian, 13th August 2023

Source: www.theguardian.com

Pub takeaway drinks rules to be continued for 18 months – BBC News

Posted August 14th, 2023 in coronavirus, licensed premises, licensing, news by tracey

‘Pubs in England and Wales will be able to continue selling takeaway drinks after the government decided to keep Covid licensing rules.’

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BBC News, 14th August 2023

Source: www.bbc.co.uk