Afghan former interpreter with British army resettles in UK after legal battle – The Guardian

‘An Afghan former interpreter with the British army has resettled in the UK with his family after a lengthy legal battle with the government, more than two years after being initially approved for relocation.’

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The Guardian, 8th November 2023

Source: www.theguardian.com

‘Clear evidence of cheating’: BSB decides not to lift suspension of online exams – Law Society’s Gazette

Posted November 7th, 2023 in barristers, deceit, examinations, internet, legal education, news by sally

‘Aspiring barristers will have to stick to pen and paper for written exams following a decision by the bar regulator not to lift a suspension of online assessments after receiving ‘clear evidence of cheating’.’

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Law Society's Gazette, 7th November 2023

Source: www.lawgazette.co.uk

Drunk father jailed for manslaughter of disabled son in motorway crash – The Independent

‘A father whose disabled 12-year-old son was killed while trying to run across the M62 has been sentenced to 10 years in prison.’

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The Independent, 6th November 2023

Source: www.independent.co.uk

Guy Baldwin: The Case for Moderate Constitutionalism in the UK – UK Constitutional Law Association

Posted November 7th, 2023 in constitutional law, government departments, human rights, judiciary, news by sally

‘Part of the debate around accountability in the UK concerns the judiciary and its relationship with the elected parts of government. A potentially useful concept in assessing this relationship is constitutionalism. This post is a summary of my presentation at the recent UKCLA Conference in Liverpool, in which I engaged with some long-running debates around constitutionalism. I argue here that there is a version of constitutionalism, which I term “moderate constitutionalism”, that is normatively desirable and suited to the UK’s constitutional tradition. After discussing the situation of constitutionalism in the UK and setting out the case for moderate constitutionalism, I identify some possible implications of the analysis for the system of government in the UK. What is presented here is an early sketch, at a high level, of an account that I intend to develop in significantly greater detail in the future.’

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UK Constitutional Law Association, 7th November 2023

Source: ukconstitutionallaw.org

Wiltshire Police criticised over Clare’s Law failings – BBC News

Posted November 7th, 2023 in disclosure, domestic violence, news, pilot schemes, police, statistics, victims by sally

‘Former Justice Secretary Sir Robert Buckland said he was “horrified and furious” over failings in a system designed to protect possible victims of domestic violence.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’

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OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

Indi Gregory: Critically ill baby granted Italian citizenship – BBC News

Posted November 7th, 2023 in children, citizenship, doctors, families, Italy, medical treatment, news by sally

‘A critically ill eight-month-old baby has been granted Italian citizenship as her parents fight to prevent doctors ending her life support.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

‘Designed to distress and deter’: the impact of Slapp lawsuits on journalists and free speech – The Guardian

Posted November 6th, 2023 in defamation, disclosure, freedom of expression, human rights, media, news, Russia by tracey

‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted November 6th, 2023 in legislation, local government by tracey

2023 c. 55 – Levelling-up and Regeneration Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 6th, 2023 in legislation by tracey

SI 2023/1167 – The Childcare (Childminder Agencies) (Cancellation etc.) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2023 in law reports by tracey

Court of Appeal (Civil Division) Decisions

J & Ors, Re (Children: Interim Removal) [2023] EWCA Civ 1266 (03 November 2023)

Decision Inc Holdings Proprietary Ltd & Anor v Garbett & Anor [2023] EWCA Civ 1284 (03 November 2023)

Delinian Ltd (Formerly Euromoney Institutional Investor PLC) v Commissioners for His Majesty’s Revenue and Customs [2023] EWCA Civ 1281 (03 November 2023)

ASO (Iraq) v Secretary of State for the Home Department [2023] EWCA Civ 1282 (03 November 2023)

Court of Appeal (Criminal Division)

Bogie, R. v [2023] EWCA Crim 1280 (03 November 2023)

Hawkridge, R. v [2023] EWCA Crim 1288 (03 November 2023)

McSweeney, R. v [2023] EWCA Crim 1250 (03 November 2023)

High Court (Administrative Court)

H, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 2758 (Admin) (03 November 2023)

Barnes v Chief Constable of Thames Valley Police [2023] EWHC 2737 (Admin) (03 November 2023)

High Court (Chancery Division)

Mohammed & Ors v Daji & Ors [2023] EWHC 2761 (Ch) (03 November 2023)

Official Receiver & Anor v Nadeem (Re Bodystretch (UK) Ltd – Insolvency Act 1986) [2023] EWHC 2735 (Ch) (03 November 2023)

Frischmann v Vaxeal Holdings SA & Ors [2023] EWHC 2698 (Ch) (03 November 2023)

Eternity Sky Investments Ltd v Estate of Zhang Zhenxin & Anor [2023] EWHC 2744 (Ch) (03 November 2023)

High Court (Commercial Court)

Omni Bridgeway (Fund 5) Cayman Invt. Ltd v Bugsby Property LLC & Anor [2023] EWHC 2755 (Comm) (03 November 2023)

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2023] EWHC 2759 (Comm) (03 November 2023)

Source: www.bailii.org

Company fails in latest round of dispute with its litigation funders – Legal Futures

Posted November 6th, 2023 in damages, dispute resolution, news by tracey

‘A company in dispute with its litigation funders has failed in its bid to fortify their cross-undertakings in damages after arguing it wanted to use the contested funds to back litigation itself.’

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Legal Futures, 6th November 2023

Source: www.legalfutures.co.uk

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Interpreting planning permissions – Local Government Lawyer

Posted November 6th, 2023 in interpretation, judicial review, local government, news, planning by tracey

‘A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Master of the Rolls: Justice in the Digital Age – Courts and Tribunals Judiciary

Posted November 6th, 2023 in artificial intelligence, computer programs, courts, internet, judges, news by tracey

‘Justice in the Digital Age – Speech on the 150th Anniversary of the Technology and Construction Court.’

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Courts and Tribunals Judiciary, 3rd November 2023

Source: www.judiciary.uk

Court rejects ‘fishing expedition’ for firm’s call recording – Law Society’s Gazette

Posted November 6th, 2023 in costs, disclosure, fees, law firms, news, solicitors, telecommunications by tracey

‘A costs judge has refused a former client’s plea for a recording of the call where they signed up to instruct a law firm. In Turner v Coupland Cavendish, Costs Judge Rowley said the call recording remained the solicitors’ property rather than the client’s and did not need to be disclosed.’

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Law Society's Gazette, 6th November 2023

Source: www.lawgazette.co.uk

‘Somerset Gimp’ banned from gimping for five years – The Independent

Posted November 6th, 2023 in harassment, news, public order, sentencing, sexual offences by tracey

‘A self-employed gardener has been banned for five years from dressing in an all-black gimp suit in public at night and “crawling, wriggling or writhing on the ground” after police linked him to 25 incidents committed by the so-called “Somerset Gimp”.’

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The Independent, 4th November 2023

Source: www.independent.co.uk

Priory Group charged with criminal offences over death of patient – The Guardian

‘The Priory healthcare group has been charged with two criminal offences over the death of a 23-year-old man who was hit by a train after absconding from a mental health hospital.’

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The Guardian, 6th November 2023

Source: www.theguardian.com

Cheshire Police employee who tipped off criminal friend is jailed – BBC News

‘A police employee who tipped off a criminal friend about a covert investigation has been jailed.’

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BBC News, 4th November 2023

Source: www.bbc.co.uk

NHS pay: Health staff win Covid bonus after legal action threat – BBC News

Posted November 6th, 2023 in coronavirus, doctors, hospitals, news, nurses, remuneration by tracey

‘The government has agreed to fund a one-off bonus for health workers who missed out previously because they worked for non-NHS organisations. A payment of at least £1,655 was agreed as part of the NHS pay deal in England this year, to recognise the pressure of the Covid pandemic on staff. But the BBC recently reported thousands of outsourced staff did not qualify and employers had launched legal action.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk