Women harmed after Wiltshire police failed to disclose partners’ violent pasts – The Guardian

‘At least two women were harmed after a “catastrophic” failure in the way a police force dealt with applications under Clare’s law, which gives people the right to ask whether a partner has a violent past, it has emerged.’

Full Story

The Guardian, 11th January 2024

Source: www.theguardian.com

The Use and Misuse of the Rubric in the Family Courts – Financial Remedies Journal

Posted January 12th, 2024 in anonymity, children, families, family courts, judgments, news, reporting restrictions by sally

‘In a familiar line of cases of which the first was BT v CU [2021] EWFC 87, [2022] 1 WLR 1349, paras [100]–[114], and the last In re PP (A Child: Anonymisation) [2023] EWHC 330 (Fam), [2023] 4 WLR 48, paras [49]–[62], and Augousti v Matharu [2023] EWHC 1900 (Fam), paras [68]–[93], Mostyn J has explosively ignited a most necessary debate about the anonymisation of judgments in financial remedy cases. Part of his compelling analysis – which, so far as I am aware, no-one has yet succeeded in challenging successfully – relates to the use, or as he would have it, the inveterate misuse of the rubric attached to judgments in such cases.’

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Financial Remedies Journal, 8th January 2024

Source: financialremediesjournal.com

SRA issues first fixed penalty fine for compliance officer rule breach – Legal Futures

‘A law firm in the North-East has become the first to receive a fixed penalty fine for not updating the Solicitors Regulation Authority (SRA) on information about a compliance officer.’

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Legal Futures, 12th January 2024

Source: www.legalfutures.co.uk

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

HelloFresh fined over millions of spam texts and emails – BBC News

Posted January 12th, 2024 in advertising, complaints, electronic mail, fines, news, ombudsmen, telecommunications by sally

‘Food delivery company HelloFresh has been fined for sending millions of spam emails and texts to customers.’

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BBC News, 11th January 2024

Source: www.bbc.co.uk

Update law on computer evidence to avoid Horizon repeat, ministers urged – The Guardian

‘Ministers need to “immediately” update the law to acknowledge that computers are fallible or risk a repeat of the Horizon scandal, legal experts say.’

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The Guardian, 12th January 2024

Source: www.theguardian.com

Delays at Probate Service starting to ease, says minister – Legal Futures

Posted January 12th, 2024 in delay, government departments, HM Courts Service, news, probate, statistics by sally

‘Delays at the Probate Service are shortening in the wake of a “distinct improvement in recruitment, competency, productivity and call handling”, the government said this week.’

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Legal Futures, 12th January 2024

Source: www.legalfutures.co.uk

Almost half of family courts to allow reporting in England and Wales – BBC News

Posted January 12th, 2024 in anonymity, families, family courts, media, news, pilot schemes, reporting restrictions by sally

‘A pilot scheme to allow journalists and legal bloggers to report cases from three family courts in England and Wales is to be extended to almost half of the courts in the countries.’

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BBC News, 12th January 2024

Source: www.bbc.co.uk

UK government admits Rwanda has ‘issues with its human rights record’ – The Guardian

Posted January 12th, 2024 in asylum, bills, deportation, government departments, human rights, immigration, news, Rwanda by sally

‘The government has admitted that Rwanda still has “issues with its human rights record” despite claims by Rishi Sunak that it is a safe country.’

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The Guardian, 11th January 2024

Source: www.theguardian.com

UK advertising regulators issue update on body image and enhancement review – OUT-LAW.com

Posted January 11th, 2024 in advertising, codes of practice, news, standards by sally

‘Businesses must ensure any advertisements including digital alterations made to body images are not “irresponsible” or “misleading”, an expert has said.’

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OUT-LAW.com, 10th January 2024

Source: www.pinsentmasons.com

Police officer forced to strip down to her underwear wins £800,000 in discrimination case – The Independent

Posted January 11th, 2024 in compensation, employment tribunals, harassment, news, police, sex discrimination by sally

‘A former firearms officer who was forced to strip down to her underwear during training has won over £800,000 in a sex discrimination case against West Midlands Police.’

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The Independent, 10th January 2024

Source: www.independent.co.uk

EAT rejects barrister’s appeal over £3m claim against chambers – Legal Futures

‘The Employment Appeal Tribunal (EAT) has rejected an appeal from a barrister expelled from chambers after posting a tweet about a “stroppy teenager of colour”.’

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Legal Futures, 11th January 2024

Source: www.legalfutures.co.uk

Calvin Klein ad with singer FKA twigs banned for making her ‘stereotypical sexual object’ – The Guardian

Posted January 11th, 2024 in advertising, complaints, news, standards, women by sally

‘A Calvin Klein advertisement featuring the British singer FKA twigs has been banned by the UK’s Advertising Standards Authority, on the grounds that it presented her as “a stereotypical sexual object”.’

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The Guardian, 10th January 2024

Source: www.theguardian.com

Rape complainants warned pre-recording evidence could backfire – BBC News

Posted January 11th, 2024 in evidence, news, prosecutions, rape, statistics, video recordings by sally

‘Rape complainants should be told pre-recording evidence could harm their chances of securing a conviction at trial, researchers say.’

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BBC News, 11th January 2024

Source: www.bbc.co.uk

Lifetime allowance – abolished, but not quite! – Pensions Barrister

Posted January 11th, 2024 in budgets, news, pensions, taxation by sally

‘Even the most seasoned pensions tax expert will surely have found the period since the government’s announcement on pension tax in the Spring Budget of 15 March 2023 bewildering, as the number of hyperlinked documents in this article demonstrates.’

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Pensions Barrister, 11th January 2024

Source: www.pensionsbarrister.com

Chambers “should not have to merge for regulatory reasons” – Legal Futures

Posted January 11th, 2024 in barristers, inns of court, mergers, news, standards by sally

‘The new chair of the Bar Council has pushed back at the idea floated by the Bar Standards Board (BSB) that chambers could merge to make regulatory compliance easier.’

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Legal Futures, 11th January 2024

Source: www.legalfutures.co.uk

Tradesman sexually abused girl, 6, in her own bedroom – BBC News

Posted January 11th, 2024 in assault, child abuse, news, sentencing, sexual offences by sally

‘A tradesman who sexually assaulted a six-year-old girl while carrying out work at her family’s home has been jailed.’

Full Story

BBC News, 10th January 2024

Source: www.bbc.co.uk

Landowner’s supreme court case threatens Dartmoor wild camping victory – The Guardian

Posted January 11th, 2024 in appeals, commons, consent, news, parks, statutory interpretation, Supreme Court by sally

‘The right to wild camp on Dartmoor could be under threat again after the supreme court granted permission for a wealthy landowner to bring a case against it.’

Full Story

The Guardian, 10th Janaury 2024

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 11th, 2024 in legislation by tracey

SI 2024/20 – The Official Controls (Extension of Transitional Periods) (Miscellaneous Amendments) Regulations 2024

SI 2024/19 – The Immigration (Age Assessments) Regulations 2024

SI 2024/16 – The Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) (Amendment and Saving Provision) Regulations 2024

SI 2024/15 – The National Health Service (Notifiable Reconfigurations and Transitional Provision) Regulations 2024

SI 2024/12 – The Taxation (Cross-border Trade) (Miscellaneous Amendments) Regulations 2024

SI 2024/11 – The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2024

SI 2024/9 – The Ship’s Report, Importation and Exportation by Sea (Amendment) Regulations 2024

SI 2024/22 – The Justification Decision (Scientific Age Imaging) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 11th, 2024 in law reports by tracey

High Court (Administrative Court)

Balachandra v The General Dental Council [2024] EWHC 18 (Admin) (10 January 2024)

High Court (Chancery Division)

Lazarichev & Ors v Lyndou [2024] EWHC 8 (Ch) (09 January 2024)

Changizi v Mayes & Anor [2024] EWHC 6 (Ch) (08 January 2024)

Chedington Events Ltd v Brake & Anor [2024] EWHC 11 (Ch) (08 January 2024)

Source: www.bailii.org