Month: September 2023

Independent review of disagreements in the care of critically ill children – the report and recommendations – Mental Capacity Law and Policy

Posted September 19th, 2023 in children, consent, families, hospitals, medical treatment, news, reports by sally

‘The Nuffield Council on Bioethics has today, 18 September 2023, published the report of the review it was commissioned in December 2022 to carry out the Secretary of State for Health and Social Care, following a Government commitment in the Health and Care Act 2022. We have now laid this review before Parliament and are encouraging the Government to act on our recommendations.’

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Mental Capacity Law and Policy, 18th September 2023

Source: www.mentalcapacitylawandpolicy.org.uk

High Court judges “failing to send judgments for publication” – Legal Futures

Posted September 19th, 2023 in archives, internet, judgments, judiciary, news, statistics by sally

‘One in five judgments by the senior courts and tribunals of England and Wales are not being published, the Incorporated Council of Law Reporting in England and Wales (ICLR) has found.’

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Legal Futures, 19th September 2023

Source: www.legalfutures.co.uk

Charity Commission guidance on charities and social media – Law & Religion UK

Posted September 19th, 2023 in charities, Charity Commission, internet, news, trusts by sally

‘The Charity Commission has published new guidance for England and Wales on charities and social media. It begins:

“Social media can be a powerful communication tool for charities, to raise awareness and funds and to better engage beneficiaries. It can help charities reach a much wider audience, much more quickly, than traditional methods of communication.”‘

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Law & Religion UK, 18th September 2023

Source: lawandreligionuk.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 19th, 2023 in legislation by tracey

SI 2023/1005 – The Judicial Discipline (Prescribed Procedures) Regulations 2023

SI 2023/1004 – The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023

SI 2023/1012 – The Registered Pension Schemes (Authorised Member Payments) Regulations 2023

SI 2023/1011 – The Customs (Safety and Security Procedures) Regulations 2023

SI 2023/1009 – The Post Office Horizon Shortfall Scheme and Group Litigation Order Compensation Payments (Inheritance Tax Relief) Regulations 2023

SI 2023/1008 – The Immigration (Notices) (Amendment) Regulations 2023

SI 2023/1006 – The Value Added Tax (Drugs and Medicines) Order 2023

SI 2023/1001 – The Social Housing (Regulation) Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2023

SI 2023/1007 – The Product Security and Telecommunications Infrastructure (Security Requirements for Relevant Connectable Products) Regulations 2023

Source: www.legislation.gov.uk

1,000 Met Police officers suspended or on restricted duties – BBC News

Posted September 19th, 2023 in corruption, disciplinary procedures, London, misfeasance in public office, news, police by sally

‘More than 1,000 Metropolitan Police officers are currently suspended or on restricted duties, the force has said, as it tries to root out rogue officers.’

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BBC News, 19th September 2023

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 19th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Assurant General Insurance Ltd), R (On the Application Of) v Financial Ombudsman Service Ltd & Ors [2023] EWCA Civ 1049 (18 September 2023)

Simon v Simon & Anor [2023] EWCA Civ 1048 (15 September 2023)

High Court (Administrative Court)

Zenshen v Secretary of State for Justice [2023] EWHC 2279 (Admin) (15 September 2023)

Wildfish Conservation, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2023] EWHC 2285 (Admin) (15 September 2023)

High Court (King’s Bench Division)

Daly v Independent Office for Police Conduct [2023] EWHC 2236 (KB) (15 September 2023)

X v The Transcription Agency LLP & Anor [2023] EWHC 2283 (KB) (15 September 2023)

Source: www.bailii.org

AI boom may not have positive outcome, warns UK competition watchdog – The Guardian

Posted September 19th, 2023 in artificial intelligence, competition, consumer protection, fraud, news by sally

‘People should not assume a positive outcome from the artificial intelligence boom, the UK’s competition watchdog has warned, citing risks including a proliferation of false information, fraud and fake reviews as well as high prices for using the technology.’

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The Guardian, 18th September 2023

Source: www.theguardian.com

Upper Tribunal leasehold cases – Nearly Legal

Posted September 18th, 2023 in housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘Brief notes on some recent Upper Tribunal cases.’

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Nearly Legal, 17th September 2023

Source: nearlylegal.co.uk

‘Archaic’ UK law needs urgent update for self-driving vehicles, MPs say – OUT-LAW.com

Posted September 18th, 2023 in artificial intelligence, bills, Law Commission, news, road traffic, roads, select committees, transport by sally

‘The UK’s reputation as a “trailblazer” in the development of self-driving vehicles is at risk unless new laws are passed as a matter of urgency to better support their testing and commercialisation, a committee of MPs has said.’

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OUT-LAW.com, 15th September 2023

Source: www.pinsentmasons.com

Sharlotte Naglis death: No-consent blood test law earns council backing – BBC News

Posted September 18th, 2023 in bereavement, blood products, consent, dangerous driving, evidence, families, homicide, imprisonment, news, sentencing by sally

‘Calls by the mother of a girl killed by a drink and drug driver to change the law over testing blood without consent to speed up police investigations has been backed by her local council.’

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BBC News, 18th September 2023

Source: www.bbc.co.uk

Claimant representatives furious at clinical negligence reform – Legal Futures

Posted September 18th, 2023 in barristers, costs, damages, government departments, negligence, news, personal injuries, solicitors by sally

‘Claimant representatives have reacted angrily to the government’s decision to press ahead with fixed recoverable costs for clinical negligence cases that settle pre-issue for less than £25,000.’

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Legal Futures, 18th September 2023

Source: www.legalfutures.co.uk

Charities can campaign on ‘issues that provoke strong emotions’ – watchdog – The Guardian

Posted September 18th, 2023 in birds, charities, Charity Commission, government departments, news, ombudsmen by sally

‘Charities should not hold back from engaging in political activity and on emotive issues on social media such as race or immigration, even where they risk triggering controversy, the voluntary sector watchdog has said.’

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The Guardian, 17th September 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 15th, 2023 in legislation by tracey

SI 2023/999 – The Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2023

SI 2023/1003 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2023

SI 2023/995 – The Health and Care Professions Council (Miscellaneous Amendment) Rules Order of Council 2023

SI 2023/984 – The Merchant Shipping (Inspections of Ro-Ro Passenger Ships and High-Speed Passenger Craft) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 15th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

D (A Child), Re (Abduction: Child’s Objections: Representation of Child Party) (Rev1) [2023] EWCA Civ 1047 (14 September 2023)

High Court (Administrative Court) Decisions

Harutunian v Parliamentary and Health Service Ombudsman [2023] EWHC 2281 (Admin) (14 September 2023)

High Court (Chancery Division)

Lindsay v O’Loughnane & Anor [2023] EWHC 2247 (Ch) (14 September 2023)

Source: www.bailii.org

Driver cleared over Wolverhampton crash that killed brothers – BBC News

Posted September 15th, 2023 in causing death of children or vulnerable adults, children, conspiracy, dangerous driving, families, homicide, news, perverting the course of justice by tracey

‘A driver accused of taking part in an “impromptu” race which killed two young brothers has been cleared of causing their deaths.’

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BBC News, 14th September 2023

Source: www.bbc.co.uk

Body-in-suitcase murderer Matthew Waddell handed life sentence Published 15 hours ago – BBC News

Posted September 15th, 2023 in coercive & controlling behaviour, domestic violence, families, imprisonment, murder, news, sentencing by tracey

‘A man who killed his partner and hid her body in a suitcase inside a wheelie bin has been jailed for life with a minimum term of 32 years.’

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BBC News, 14th September 2023

Source: www.bbc.co.uk

S.73 Permissions: Any inconsistency between revised conditions and the description of development held to be unlawful – Local Government Lawyer

Posted September 15th, 2023 in energy, local government, news, planning by tracey

‘The High Court recently ruled that a planning permission granted by a council that varied a previous planning permission for a solar farm by removing an electricity substation from the plans was unlawful. Robin Green and Robert Williams examine the judgment.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

Posted September 15th, 2023 in appeals, Court of Protection, families, family courts, forced marriages, foreign jurisdictions, jurisdiction, learning difficulties, local government, marriage, married persons, news by tracey

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

Clients ordered to pay costs assigned by firm to non-lawyer – Legal Futures

Posted September 15th, 2023 in appeals, assignment, costs, fees, law firms, news, solicitors by tracey

‘A law firm’s former clients have lost their appeal against a decision that they owe outstanding fees to the non-lawyer who took assignment of their retainers.’

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Legal Futures, 15th September 2023

Source: www.legalfutures.co.uk

Bar Council announces new contextual recruitment tool to boost social mobility at the Bar – The Bar Council

Posted September 15th, 2023 in barristers, diversity, equality, news, pupillage, statistics by tracey

‘The Bar Council is boosting its commitment to social mobility at the Bar with the introduction of a contextual recruitment tool to the Pupillage Gateway system from 2024/25. The announcement was made in a speech on the future of the Bar by Nick Vineall KC, Chair of the Bar of England and Wales, last night (Wednesday 13 September). Contextual recruitment tools look at the context in which students receive their grades, so that recruiters can identify candidates from disadvantaged backgrounds who outperformed their immediate peers and who can demonstrate the qualities needed to succeed at the Bar, but who might otherwise be missed in a recruitment process.’

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The Bar Council, 14th September 2023

Source: www.barcouncil.org.uk