September 2023 – Page 7 – Current Awareness

One fifth of judgments missing from national database – Law Society’s Gazette

Posted September 15th, 2023 in archives, courts, delay, family courts, judgments, news, statistics by tracey

‘Important gaps remain in the government’s official repository of court judgments more than a year after its launch, research has revealed. According to the study by the Incorporated Council of Law Reporting in England and Wales (ICLR), about 20% of the judgments that might be expected to be on the National Archives’ Find Case Law database are missing.’

Law Society's Gazette, 15th September 2023

Source: www.lawgazette.co.uk

Police watchdog to investigate handling of Andrew Malkinson case – The Guardian

Posted September 15th, 2023 in appeals, complaints, Criminal Cases Review Commission, Crown Prosecution Service, disclosure, miscarriage of justice, news, ombudsmen, police, rape, sexual offences by tracey

‘The police watchdog has announced an investigation into Greater Manchester police’s handling of Andrew Malkinson’s case. Malkinson was exonerated in July of a rape for which he wrongly spent 17 years in prison after a DNA breakthrough. The court of appeal also ruled that disclosure failures by Greater Manchester police (GMP) rendered his conviction unsafe.’

The Guardian, 13th September 2023

Source: www.theguardian.com

Met police admit overusing powers to strip-search children after IOPC inquiry – The Guardian

Posted September 15th, 2023 in children, disciplinary procedures, equality, inquiries, investigatory powers, news, police, professional conduct, race discrimination, racism, school children, sex discrimination by tracey

‘Scotland Yard has admitted overusing its power to strip-search children after four of its officers were told they would face disciplinary proceedings over allegations that their search of a 15-year-old black schoolgirl known as Child Q was inappropriate and amounted to discrimination owing to her race and sex.’

The Guardian, 14th September 2023

Source: www.theguardian.com

Letby inquiry must also examine NHS ‘cover-up culture’, says ombudsman – The Guardian

Posted September 15th, 2023 in children, families, government departments, hospitals, inquiries, news, ombudsmen, whistleblowers by tracey

‘The public inquiry into Lucy Letby’s crimes must be widened to examine the NHS’s “cover-up culture” over failures in patient safety, the health service ombudsman has said.’

The Guardian, 15th September 2023

Source: www.theguardian.com

Honour-based abuse: Government rejects calls for legal definition – BBC News

Posted September 15th, 2023 in coercive & controlling behaviour, criminal justice, domestic violence, families, forced marriages, government departments, murder, news, police, violence, women by tracey

‘The government has rejected calls for a legal definition of honour-based abuse.’

BBC News, 15th September 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 14th, 2023 in legislation by tracey

SI 2023/998 – The Armed Forces Pensions (Remediable Service) Regulations 2023

SI 2023/997 – The Finance Act 2009, Sections 101 and 102 (Economic Crime (Anti-Money Laundering) Levy) (Appointed Day) Order 2023

SI 2023/994 – The Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2023

SI 2023/993 – The Building Safety Act 2022 (Commencement No. 5 and Transitional Provisions) Regulations 2023

SI 2023/992 – The Building Act 1984 (Commencement No. 3) (England) Order 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 14th, 2023 in law reports by tracey

High Court (Chancery Division)

Revenue & Customs v Walsh [2023] EWHC 2213 (Ch) (13 September 2023)

Jones v Tracey & Ors (Re Costs) [2023] EWHC 2256 (Ch) (12 September 2023)

High Court (Family Division)

St George’s University Hospitals NHS Foundation Trust v Casey & Ors [2023] EWHC 2244 (Fam) (12 September 2023)

High Court (Technology and Construction Court)

Alun Griffiths (Contractors) Ltd v Carmarthenshire County Council [2023] EWHC 2269 (TCC) (13 September 2023)

Lidl Great Britain Ltd v Closed Circuit Cooling Ltd (t/a 3CL) [2023] EWHC 2243 (TCC) (11 September 2023)

Source: www.bailii.org

Global whistleblower protection laws: a comprehensive guide to legal requirements – OUT-LAW.com

Posted September 14th, 2023 in disclosure, EC law, foreign jurisdictions, news, whistleblowers by tracey

‘Whistleblowing complaints are growing in frequency all over the world and in all kinds of organisations.’

OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

Retained EU law in the UK after Brexit – OUT-LAW.com

Posted September 14th, 2023 in amendments, brexit, EC law, enforcement, news, repeals by tracey

‘Some EU law has been carried over into UK law after Brexit, so that there would be continuity in the many areas of UK law originally based on EU law.’

OUT-LAW.com, 13th September 2023

Source: www.pinsentmasons.com

Charity wins appeal over Government refusal to disclose analysis carried out by Child Safeguarding Practice Review Panel – Local Government Lawyer

Posted September 14th, 2023 in appeals, care orders, child abuse, child neglect, government departments, news by tracey

‘A group that campaigns for the welfare of children in institutional settings has won an appeal that will require the Department for Education (DfE) to release analysis of incidents where children became looked after as a result of abuse or neglect.’

Local Government Lawyer, 14th September 2023

Source: www.localgovernmentlawyer.co.uk

Insolvent insurer’s policyholders fail in claim over unpaid legal costs – Legal Futures

Posted September 14th, 2023 in compensation, costs, insolvency, insurance, news by tracey

‘The Financial Services Compensation Scheme (FSCS) does not have to compensate policyholders for the legal costs they were awarded after taking legal action against an insurer that became insolvent before paying them, the Court of Appeal has ruled.’

Legal Futures, 14th September 2023

Source: www.legalfutures.co.uk

Relaxed takeaway pints rules extended – Home Office

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

‘Relaxed licensing rules have been extended until March 2025 so pubs can continue selling takeaway alcohol with ease.’

Home Office, 12th September 2023

Source: www.gov.uk

Judges criticise Mastercard fees of 70% above guideline rates – Law Society’s Gazette

Posted September 14th, 2023 in class actions, competition, costs, fees, news, solicitors, tribunals by tracey

‘Judges in the Competition Appeal Tribunal have taken a scythe to costs claims where solicitors were charging as much as 70% above the guideline hourly rate in a high profile group action.’

Law Society's Gazette, 12th September 2023

Source: www.lawgazette.co.uk

Chair of the Bar calls for change to timing of Call in future-gazing speech – The Bar Council

Posted September 14th, 2023 in barristers, consumer protection, legal services, news, public interest, pupillage, speeches by tracey

‘Chair of the Bar Nick Vineall KC has called on the profession to call people to the Bar only when they have completed pupillage. The present system means that the title of barrister is conferred on people who are not entitled to practise as barristers, and he argues that this creates a real risk of confusion for clients and is not in the public interest.’

The Bar Council, 13th September 2023

Source: www.barcouncil.org.uk

Patisserie Valerie: Four face fraud charges over collapse – BBC News

Posted September 14th, 2023 in auditors, debts, false accounting, fraud, news by tracey

‘Four people have been charged with fraud connected to the collapse of bakery chain Patisserie Valerie in 2019.’

BBC News, 13th September 2023

Source: www.bbc.co.uk

Britannia Bridge fatal crash driver given suspended sentence – BBC News

Posted September 14th, 2023 in careless driving, homicide, news, sentencing, suspended sentences by tracey

‘A lorry driver who ploughed into a line of stationary cars, killing one driver and seriously injuring another, has been sentenced.’

BBC News, 13th September 2023

Source: www.bbc.co.uk

Government backs Martha’s rule on right to second medical opinion in England – The Guardian

Posted September 14th, 2023 in children, doctors, hospitals, medical treatment, news, opinions by tracey

‘The health secretary, Steve Barclay, has announced the government is committed to bringing in “Martha’s rule” in England, making it easier for patients and their families to get a second medical opinion if they believe their concerns are not being taken seriously by medical staff.’

The Guardian, 14th September 2023

Source: www.theguardian.com

Women arrested at vigil for murdered Sarah Everard win Met Police payout and apology – The Indepdent

Posted September 14th, 2023 in compensation, coronavirus, demonstrations, London, news, penalties, police, women by tracey

‘The Metropolitan Police are paying compensation to two women handcuffed and arrested at a vigil for Sarah Everard, murdered by police officer Wayne Couzens.’

The Independent, 14th September 2023

Source: www.independent.co.uk

Sister of roofer left in coma after pub fight accuses High Court of ‘playing god’ with his life – The Independent

Posted September 13th, 2023 in bereavement, doctors, families, medical treatment, news by tracey

‘The sister of a roofer on life support has begged doctors to give him more time after the family lost a High Court bid to keep him alive.’

The Independent, 13th September 2023

Source: www.independent.co.uk

MPs to investigate sexual harassment of female surgeons – BBC News

Posted September 13th, 2023 in doctors, employment, equality, harassment, hospitals, news, select committees, sex discrimination, sexual offences by tracey

‘MPs will investigate the sexual harassment and sexual assault of female surgeons taking place within the NHS.’

BBC News, 13th September 2023

Source: www.bbc.co.uk

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