March 2024 – Page 8 – Current Awareness

How sex abusers who target their own children keep parental rights – and the mothers fighting back – The Independent

Posted March 18th, 2024 in bills, child abuse, children, criminal justice, families, news, parental rights, sexual offences, victims by tracey

‘A mother is desperate to change her child’s surname – so that they no longer share it with their criminal father. But Emily* is being blocked from doing so by her ex, despite the fact that he is a convicted child sex offender. Her predicament is not unique. Under English and Welsh law, child sex abusers are able to keep their parental rights in the UK, even if they target their own children. This allows them to retain influence over where the child lives, as well as their healthcare and education.’

The Independent, 17th March 2024

Source: www.independent.co.uk

Woman whose baby was stillborn in HMP Styal praises sentencing changes – The Guardian

Posted March 18th, 2024 in birth, children, criminal justice, death in custody, imprisonment, news, pregnancy, sentencing, women by tracey

‘A former prisoner who gave birth to a stillborn baby in a jail toilet has welcomed changes that campaigners hope will reduce the number of pregnant women locked up, as a “legacy” for the daughter she lost.’

The Guardian, 18th March 2024

Source: www.theguardian.com

Sentencing Council to make changes to manslaughter guidelines and introduce new guidance for sentencing pregnant offenders – Sentencing Council

Posted March 18th, 2024 in consultations, criminal justice, domestic violence, fraud, homicide, news, pregnancy, sentencing, women by tracey

‘Changes to a number of sentencing guidelines have been published by the Sentencing Council following a consultation on miscellaneous amendments. The changes, which will come into effect on 1 April 2024, include amendments to the manslaughter guidelines made in response to recommendations in the Domestic Homicide Sentencing Review and the introduction of a new, dedicated mitigating factor providing guidance for courts on sentencing pregnant offenders and new mothers.’

Sentencing Council, 18th March 2024

Source: www.sentencingcouncil.org.uk

BAILII: Recent Decisions

Posted March 15th, 2024 in law reports by michael

Court of Appeal (Civil Division)

Hadley v Przybylo [2024] EWCA Civ 250 (15 March 2024)

Kumar & Ors v LSC Finance Ltd [2024] EWCA Civ 254 (15 March 2024)

Ahmet v Tatum & Anor [2024] EWCA Civ 255 (15 March 2024)

White & Ors v Secretary of State for Health and Social Care [2024] EWCA Civ 244 (14 March 2024)

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024)

Heathcote & Anor v Asertis Ltd [2024] EWCA Civ 242 (14 March 2024)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2024] EWCA Civ 245 (14 March 2024)

Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247 (14 March 2024)

Court of Appeal (Criminal Division)

Young, R. v [2024] EWCA Crim 251 (15 March 2024)

High Court (Administrative Court)

DXK, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (15 March 2024)

Hamasalih v Italian Judicial Authority [2024] EWHC 595 (Admin) (15 March 2024)

McMahon, R (On the Application Of) v Independent Office for Police Conduct [2024] EWHC 556 (Admin) (14 March 2024)

McLeish & Anor v Secretary of State for Environment, Food and Rural Affairs & Anor [2024] EWHC 532 (Admin) (14 March 2024)

Professional Standards Authority for Health and Social Care v General Pharmaceutical Council & Anor [2024] EWHC 577 (Admin) (14 March 2024)

LS, R (On the Application Of) v London Borough of Merton [2024] EWHC 584 (Admin) (14 March 2024)

High Court (King’s Bench Division)

Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB) (15 March 2024)

High Court (Technology & Construction Court)

Battersea Project Phase 2 Development Company Ltd v QFS Scaffolding Ltd [2024] EWHC 591 (TCC) (15 March 2024)

Jalla & Ors v Royal Dutch Shell PLC & Ors [2024] EWHC 578 (TCC) (14 March 2024)

Pinewood Technologies Asia Pacific Ltd v Pinewood Technologies PLC [2024] EWHC 580 (TCC) (14 March 2024)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 15th, 2024 in legislation by michael

SI 2024/379 – The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2024

SI 2024/377 – The Social Security (Class 2 National Insurance Contributions) (Consequential Amendments and Savings) Regulations 2024

SI 2024/376 – The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2024

SI 2024/375 – The Parliamentary Constituencies (Amendment) Order 2024

SI 2024/374 – The Anaesthesia Associates and Physician Associates Order 2024

SI 2024/373 – The Down Syndrome Act 2022 (Commencement) Regulations 2024

SI 2024/371 – The Homelessness (Suitability of Accommodation) (England) (Amendment) Order 2024

SI 2024/370 – The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2024

SI 2024/365 – The Waste Enforcement (Fixed Penalty Receipts) (Amendment) (England and Wales) Regulations 2024

SI 2024/364 – The Tribunal Procedure (Amendment) Rules 2024

SI 2024/363 – The Flood and Water Management Act 2010 (Commencement No. 11) Order 2024

SI 2024/362 – The Animals (Scientific Procedures) Act 1986 (Fees) Order 2024

SI 2024/357 – The Finance Act 2004 (Registered Pension Schemes and Annual Allowance Charge) Order 2024

SI 2024/356 – The Pensions (Abolition of Lifetime Allowance Charge etc) Regulations 2024

SI 2024/347 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2024

SI 2024/345 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2024

www.legislation.gov.uk

Courting controversy: the use of trigger warnings in teaching human rights law – The Law Teacher

Posted March 15th, 2024 in education, human rights, legal education, mental health, news, universities by sally

‘This article explores how legal academics approach sensitive topics in human rights law, specifically how content is chosen, curated and discussed with students. It draws on data collected as part of a small pilot study which looked at how human rights academics approach “controversial” topics and how their views on controversy and sensitivity may be reflected in their curriculum. It focuses on the wider debate around trigger warnings in higher education and explores how academics use them. It concludes that, despite their negative reputation, “trigger warnings” can play a necessary and welcome role in navigating sensitive material.’

The Law Teacher, 1st March 2024

Source: www.tandfonline.com

How has UK extremism definition changed and why is it attracting criticism? – The Guardian

Posted March 15th, 2024 in freedom of expression, government departments, news, proscribed organisations, terrorism by sally

‘The communities secretary, Michael Gove, has laid out a new definition of extremism. Here the Guardian examines what has changed and why, and the reason it is attracting criticism.’

The Guardian, 14th March 2024

Source: www.theguardian.com

High Court judge makes care order for teenage boy despite local authority seeking to withdraw its application – Local Government Lawyer

Posted March 15th, 2024 in adoption, care orders, children, families, local government, mental health, news by sally

‘A High Court judge has refused to allow a local authority to withdraw its application for a care order, finding that an order would be in the “best interests” of a teenage boy with complex needs.’

Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

The UK and the ECHR After Brexit: The Challenge of Immigration Control – EIN Blog

Posted March 15th, 2024 in asylum, brexit, EC law, human rights, immigration, news by sally

‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’

EIN Blog, 14th March 2024

Source: www.ein.org.uk

Kaylea Titford had no care plan in place when she died, review finds – The Guardian

Posted March 15th, 2024 in causing death of children or vulnerable adults, child neglect, children, disabled persons, families, homicide, imprisonment, local government, negligence, news, sentencing, social services by sally

‘A 16-year-old girl with “significant and chronic disabilities” who died in squalor at her family home in rural mid-Wales did not have a care plan in place, a child practice review into her death has found.’

The Guardian, 14th March 2024

Source: www.theguardian.com

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

Posted March 15th, 2024 in appeals, asylum, bills, constitutional law, deportation, government departments, human rights, immigration, international law, news, Rwanda, Supreme Court by sally

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

Former Lord Chief cautions against regulation of litigation funding – Legal Futures

Posted March 15th, 2024 in bills, civil justice, Civil Justice Council, news, third parties by sally

‘Regulation may not be answer for the future of the third-party litigation funding market, a former Lord Chief Justice has cautioned ahead of the Civil Justice Council (CJC) review of the sector.’

Legal Futures, 15th March 2023

Source: www.legalfutures.co.uk

Jailed bankers appeal against interest rate ‘rigging’ convictions – BBC News

Posted March 15th, 2024 in appeals, banking, Criminal Cases Review Commission, interest, miscarriage of justice, news, rates, Serious Fraud Office by sally

‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’

BBC News, 14th March 2024

Source: www.bbc.co.uk

Trial judge appointed special examiner to hear the evidence of a sanctioned Russian litigant and his witness in Dubai (Gorbachev v Guriev) – Gatehouse Chambers

Posted March 15th, 2024 in chambers articles, dispute resolution, news, Russia, sanctions, witnesses by sally

‘Dispute Resolution analysis: HHJ Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian Defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions Regulations. This decision contrasts with a recent decision in the SKAT Litigation.’

Gatehouse Chambers, 20th February 2024

Source: gatehouselaw.co.uk

Court of Protection declares lawfulness of care plan setting out arrangements for termination of woman’s pregnancy – Local Government Lawyer

Posted March 15th, 2024 in abortion, alcohol abuse, Court of Protection, drug abuse, local government, mental health, news, pregnancy by sally

‘A judge sitting in the Court of Protection has declared that a care plan setting out the arrangements for the termination of a woman’s pregnancy was lawful.’

Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Ground rent not legally or commercially necessary, says UK watchdog – The Guardian

Posted March 14th, 2024 in competition, consumer protection, leases, news, rent by sally

‘Britain’s competition watchdog has said ground rent is “neither legally nor commercially necessary” and that government may need to step in to protect consumers from soaring costs.’

The Guardian, 13th March 2024

Source: www.theguardian.com

Case Comment: Target Group Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 35 – UKSC Blog

Posted March 14th, 2024 in banking, news, Supreme Court, VAT by sally

‘In this post, Mark Whiteside, Partner at CMS, and Johanna Dodgson, Associate at CMS, comment on the Supreme Court’s judgment in Target Group Ltd v Commissions for His Majesty’s Revenue and Customs [2023] UKSC 35.’

UKSC Blog, 12th March 2024

Source: ukscblog.com

The iniquity ‘exception’ to Legal Professional Privilege (Al Sadeq v Dechert LLP) – Gatehouse Chambers

Posted March 14th, 2024 in chambers articles, fraud, legal profession, news, privilege by sally

‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’

Gatehouse Chambers, 4th February 2024

Source: gatehouselaw.co.uk

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