Landlords of crowded London flat that caught fire plead guilty to criminal charges – The Guardian

‘The landlords of a dangerously overcrowded east London flat that suffered a deadly fire in March have pleaded guilty to a total of nine criminal charges.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

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Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Elf Bar vape adverts banned in UK over ‘greener’ recycling claims – The Guardian

Posted November 29th, 2023 in advertising, complaints, environmental protection, news, ombudsmen, pollution by sally

‘Adverts for the vaping company Elf Bar have been banned after using the slogan “recycling for a greener future” over concern they were misleading because of the environmental damage of discarded vapes.’

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The Guardian, 29th November 2023

Source: www.theguardian.com

Barrister fined after doing Nazi salute in court – BBC News

Posted November 29th, 2023 in barristers, disciplinary procedures, fines, news, professional conduct by sally

‘A practising barrister has been fined after speaking in a German accent and raising his hand in a Nazi salute in court.’

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BBC News, 28th November 2023

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 28th, 2023 in law reports by tracey

High Court (Chancery Division)

Munn & Anor v ETL Holdings (UK) Ltd [2023] EWHC 2998 (Ch) (27 November 2023)

High Court (Commercial Court)

Lakatamia Shipping Company Ltd v Tseng & Anor [2023] EWHC 3023 (Comm) (27 November 2023)

High Court (King’s Bench Division)

Iqbal v GEO TV Ltd [2023] EWHC 3024 (KB) (27 November 2023)

ZSY v AAA [2023] EWHC 2977 (KB) (24 November 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 28th, 2023 in legislation by tracey

SI 2023/1272 – The National Security Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2023

SI 2023/1268 – The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Revised Guidance) Regulations 2023

SI 2023/1267 – The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023

SI 2023/1265 – The Occupational Pensions (Revaluation) Order 2023

SI 2023/1261 – The Adoption Support Agencies (England) (Amendment) Regulations 2023

SI 2023/1258 – The Short Selling (Notification Threshold) Regulations 2023

SI 2023/1264 – The Church of England (Miscellaneous Provisions) Measure 2020 (Commencement No. 3) Order 2023

Source: www.legislation.gov.uk

Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog

Posted November 28th, 2023 in asylum, deportation, mistake, news, reasons, regulations by tracey

‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’

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EIN Blog, 27th November 2023

Source: www.ein.org.uk

Online Safety Act super-complaints process must not overwhelm Ofcom – OUT-LAW.com

Posted November 28th, 2023 in complaints, consultations, internet, news by tracey

‘The UK government must ensure that the way the new “super-complaints” process under the Online Safety Act is configured enables new risks and systemic issues across services to be addressed whilst guarding against the potential for overwhelming the regulator.’

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OUT-LAW.com, 27th November 2023

Source: www.pinsentmasons.com

Refusal of tribunal to adjourn for aftercare evidence was “kicking the can down the road”, Upper Tribunal finds – Local Government Lawyer

Posted November 28th, 2023 in adjournment, detention, evidence, mental health, news, tribunals by tracey

‘The Upper Tribunal has allowed an appeal on all three grounds against a decision by the First Tier Tribunal to refuse an application for an adjournment to obtain evidence regarding aftercare.’

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Local Government Lawyer, 27th November 2023

Source: www.localgovernmentlawyer.co.uk

Equal pay: recent challenges – Local Government Lawyer

Posted November 28th, 2023 in equal pay, local government, news, sex discrimination by tracey

‘When it comes to job evaluation schemes and equal pay claims, where does the risk lie and what can be done to mitigate it? Sarah Lamont and Charlotte Rose explain.’

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Local Government Lawyer, 28th November 2023

Source: www.localgovernmentlawyer.co.uk

“Shamelessness” of SLAPPs has grown “but still no disciplinary action” – Legal Futures

‘The number and “shamelessness” of SLAPPs has grown but there has been no disciplinary action taken against the lawyers responsible for how they are run, a major conference was told yesterday.’

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Legal Futures, 28th November 2023

Source: www.legalfutures.co.uk

Life sentence for Underfall Yard arsonist Boyd-Stevenson – BBC News

Posted November 28th, 2023 in arson, news, sentencing by tracey

‘A serial arsonist has been jailed for life after starting a fire which destroyed a historic boatyard, causing millions of pounds worth of damage.’

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BBC News, 27th November 2023

Source: www.bbc.co.uk

Greater Manchester Police ‘remains institutionally racist’ – BBC News

Posted November 28th, 2023 in news, police, racism, statistics by tracey

‘One of England’s biggest police forces remains “institutionally racist” and must do more to tackle the problem, a leading equality advisor has said.’

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BBC News, 28th November 2023

Source: www.bbc.co.uk

Erosion of state immunity in spotlight as £37m salvage case reaches Supreme Court – Law Society’s Gazette

Posted November 28th, 2023 in foreign jurisdictions, news, ships, state immunity, Supreme Court by tracey

‘A Supreme Court case brought over silver salvaged from a wartime ship sinking could have consequences for the UK’s position as a global commercial hub, a specialist lawyer has warned. In Argentum v Republic of South Africa, five Supreme Court judges will consider the case for overturning a 2022 Court of Appeal judgment which critics say erodes the principle of state immunity from interference from foreign courts.’

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Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

Council rejects Jewish sect’s planning application that would finally allow them to travel on the London Underground – The Independent

Posted November 28th, 2023 in human tissue, Judaism, local government, London, news, planning, transport by tracey

‘A council has rejected a multi-million pound scheme from a Jewish religious sect that would have allowed its members to use the London Underground.’

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The Independent, 27th November 2023

Source: www.independent.co.uk

British woman still married to ‘prominent’ Indonesian businessman – judge rules – The Independent

Posted November 28th, 2023 in divorce, foreign jurisdictions, marriage, news by tracey

‘The estranged British wife of a “prominent” Indonesian businessman who wants a judge in England to decide how much she walks away with has won an initial round of a London divorce fight.
Deputy High Court Judge James Ewins has ruled that Monisha Mahtani, 49, is still married to husband Vivek Mahtani, 51, under English law.’

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The Independent, 27th November 2023

Source: www.independent.co.uk

Stalking victims face ‘postcode lottery’, says coroner after Gracie Spinks killing – The Guardian

Posted November 28th, 2023 in coroners, murder, news, police, stalking, victims by tracey

‘Stalking victims face a “postcode lottery” of support due to a lack of advocates in police forces across the UK, a coroner has said following the death of Gracie Spinks.’

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The Guardian, 27th November 2023

Source: www.theguardian.com

Over 1,800 offenders to have indefinite jail sentences terminated, says MoJ – The Guardian

Posted November 28th, 2023 in early release, Ministry of Justice, news, sentencing by tracey

‘More than 1,800 offenders in England and Wales who have been released on licence but remain under indefinite threat of recall to jail are to have their sentences terminated.’

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The Guardian, 28th November 2023

Source: www.theguardian.com

Modern slavery survivors ‘imprisoned for crimes they were forced to commit’ – The Independent

Posted November 28th, 2023 in duress, forced labour, guilty pleas, imprisonment, news, sentencing, victims by tracey

‘Survivors of modern slavery are being sent to prison for crimes they were forced to commit and not being identified for help, new research suggests.’

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The Independent, 28th November 2023

Source: www.independent.co.uk

Ministers ‘drop plans’ to ban pupils changing gender but teachers won’t have to use pupils’ preferred pronouns – The Independent

Posted November 28th, 2023 in names, news, school children, teachers, transgender persons by tracey

‘Ministers have dropped plans to ban pupils from changing their gender identity in schools after being warned it would be illegal, it has been revealed.’

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The Independent, 28th November 2023

Source: www.independent.co.uk