Suspension for barrister who lied to client over binned files – Legal Futures

Posted April 23rd, 2024 in barristers, disciplinary procedures, documents, news by sally

‘A direct access barrister who lied to a client over files that were accidentally destroyed by his chambers has been suspended for six months by a Bar disciplinary tribunal.’

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Legal Futures, 23rd April 2024

Source: www.legalfutures.co.uk

Stalker who was ‘obsessed’ with her victims jailed – BBC News

Posted April 23rd, 2024 in news, sentencing, stalking, threatening behaviour by sally

‘A woman has been jailed for making the lives of a couple “a living hell”, after stalking, harassing and threatening to kill them.’

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BBC News, 22nd April 2024

Source: www.bbc.co.uk

‘Birmingham Four’ ask CCRC to investigate convictions for terror plot – The Guardian

‘Four men were jailed for life in 2017 for planning terrorist attack in UK after elaborate undercover police operation.’

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The Guardian, 22nd April 2024

Source: www.theguardian.com

Serious medical treatment – the importance of the public record – Mental Capacity Law and Policy

‘In 2014, a (relatively) very long time ago, Sir James Munby, then President of the Court of Protection, issued guidance on the publication of judgments. This set a presumption, absent “compelling reasons,” for publication of judgments relating to a range of matters, either where the judgment already exists, or the judge has ordered that the judgment be transcribed. The guidance applied to all judgments in the Court of Protection delivered by the Senior Judge, nominated Circuit Judges and High Court Judges (in other words, not to judgments delivered by District Judges, who hear the majority of cases).’

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Mental Capacity Law and Policy, 22nd April 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Court orders law firm and partners to repay loans from couple – Legal Futures

Posted April 23rd, 2024 in agreements, guarantees, law firms, loans, news by sally

‘The High Court has ruled that a law firm and four of its former partners must repay money borrowed under loan agreements with a husband and his wife.’

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Legal Futures, 23rd April 2024

Source: www.legalfutures.co.uk

Sex offender banned from using AI tools in landmark UK case – The Guardian

‘A sex offender convicted of making more than 1,000 indecent images of children has been banned from using any “AI creating tools” for the next five years in the first known case of its kind.’

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The Guardian, 21st April 2024

Source: www.theguardian.com

Suspended sentence for struck-off solicitor who misused client funds – Legal Futures

‘A solicitor who used a client’s £132,000 divorce settlement to pay off her tax bill and give money to her daughter has been handed a suspended prison sentence.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk

Weapons-obsessed man found guilty over explosion at his Bedfordshire home – The Guardian

Posted April 22nd, 2024 in explosives, news, offensive weapons by sally

‘A man whose obsession with weaponry once led him to ask to throw a grenade on the children’s television programme Jim’ll Fix It has been found guilty of causing an explosion in his home.’

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The Guardian, 19th April 2024

Source: www.theguardian.com

Part 2 – A review of hate crime by Olivia Chessell – 2DRJ

‘The first part in this two-part article explored the application of hate crime laws in the sentencing of Scarlett Jenkinson and Eddie Ratcliffe for the tragic murder of Brianna Ghey, a 16-year-old transgender child. This second part sets out the current statutory framework for prosecuting hate crimes in England and Wales before providing an analysis of potential shortcomings and recommendations for reform.’

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2DRJ, 18th April 2024

Source: www.2drj.com

Part 1 – A review of hate crime by Olivia Chessell – 2DRJ

‘The well reported case of two teenagers convicted for the murder of 16-year-old transgender child, Brianna Ghey, offers an opportunity for legal practitioners to review the scope and limitations of existing hate crime legislation. The sentencing remarks of Mrs Justice Yip DBE in R v Scarlett Jenkinson and Eddie Ratcliffe, are considered in this two-part article which provides an overview of hate crime laws in England and Wales.’

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2DRJ, 26th March 2024

Source: www.2drj.com

Conditions on permission to appeal – Law Society’s Gazette

Posted April 22nd, 2024 in appeals, civil procedure rules, debts, foreign jurisdictions, news by sally

‘An order giving permission to appeal may be made subject to condition. In the recent case of Palladian Partners LP and others v The Republic of Argentina and another [2024] EWCA Civ 139, the Court of Appeal made an order granting Argentina permission to appeal the first instance judgment conditional on Argentina paying €310m to be held in escrow pending determination of the appeal. Argentina sought reconsideration of the imposition of that condition.’

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Law Society's Gazette, 19th April 2024

Source: www.lawgazette.co.uk

Thousands of children strip-searched by police in England and Wales last year – The Guardian

Posted April 22nd, 2024 in children, investigatory powers, news, police, race discrimination, statistics by sally

‘More than 60 children a week are being strip-searched by police in England and Wales, with those who are black, Asian or mixed race significantly more likely to be targeted, new figures reveal.’

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The Guardian, 21st April 2024

Source: www.theguardian.com

SRA anti-money laundering blitz continues with £76k in fines – Legal Futures

‘The Solicitors Regulation Authority (SRA) blitz on breaches of anti-money laundering (AML) rules has continued, with more than £76,000 in fines handed out to a solicitor and four law firms.’

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Legal Futures, 22nd April 2024

Source: www.legalfutures.co.uk

Train driver who upskirted female passenger avoids jail sentence – The Guardian

‘A Thameslink train driver who took photos up a woman’s skirt while she was asleep on a train has avoided jail, despite being found guilty of voyeurism.’

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The Guardian, 19th April 2024

Source: www.theguardian.com

Failure to address ‘ludicrous’ injustice of indefinite jail terms is ‘political cowardice’, peer warns – The Independent

‘MPs have been accused of “political cowardice” for failing to back the resentencing of thousands of prisoners trapped under abolished indefinite jail terms.’

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The Independent, 20th April 2024

Source: www.independent.co.uk

Lawsuit in London to allege Grindr shared users’ HIV status with ad firms – The Guardian

Posted April 22nd, 2024 in advertising, data protection, HIV, homosexuality, internet, news by sally

‘Grindr faces the prospect of legal action by hundreds of users who will allege that the dating app shared highly sensitive personal information, including in some cases their HIV status, with advertising companies.’

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The Guardian, 22nd April 2024

Source: www.theguardian.com

Woman resident in the UK for 39 years loses deportation battle – EIN Blog

Posted April 22nd, 2024 in appeals, criminal justice, deportation, fraud, immigration, news by sally

‘The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). Elisabeth Laing, Phillips and Males LJJ held that the Upper Tribunal had not failed to consider all the relevant circumstances when reaching its decision under section 117C(6) of Part 5A of the Nationality, Immigration and Asylum Act 2002 and they dismissed Mrs Akhtar’s appeal. Judges Mandalia and Hanson had not erroneously concluded that a foreign criminal had failed to meet the statutory exceptions in section 117C(6) when deciding her rights under article 8 of the ECHR did not outweigh the public interest in her deportation. Mrs Akhtar and her husband (“H”) were both convicted criminal offences on 21 April 2016 and they were duly sentenced, respectively, to a total of 4 years and three months’ imprisonment and to 14 years’ imprisonment (reduced to 11 on appeal) for their roles in a substantial and long-running mortgage fraud. Mrs Akhtar was convicted of the offences of cheating the public revenue between 1 January 2004 and 26 September 2012, entering into an arrangement to facilitate the acquisition, retention, use or control of criminal property and two counts of conspiracy to obtain a money transfer by deception. She was sentenced, respectively, to 30 months’ imprisonment, 30 months’ imprisonment, concurrent and also 21 months’ imprisonment, consecutive, and 21 months’ imprisonment, concurrent. Mrs Akhtar, who entered the UK as a fiancée in 1985, complained that the UT did not take her long residence into account in considering section 117C(6).’

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EIN Blog, 22nd April 2024

Source: www.ein.org.uk

Man who raped girl, 15, in Bournemouth sea sentenced to six and a half years – The Guardian

Posted April 22nd, 2024 in child abuse, children, imprisonment, news, rape, sentencing, sexual offences by sally

‘A man who raped a 15-year-old girl who could not swim after taking her out of her depth in the sea off Bournemouth beach has been sentenced to six and a half years’ detention.’

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The Guardian, 19th April 2024

Source: www.theguardian.com

‘Outdated and offensive’: police in England and Wales barred from blaming restraint deaths on ‘excited delirium’ – The Guardian

Posted April 22nd, 2024 in death in custody, drug abuse, mental health, news, ombudsmen, police, racism by sally

‘The police watchdog for England and Wales has removed a controversial medical term from its incident forms after claims it plays into racist stereotypes and detracts attention from police brutality.’

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The Guardian, 20th April 2024

Source: www.theguardian.com

Cost liability determined following partially successful application for a final third party debt order (Chedington Events Ltd v Brake and others) – Gatehouse Chambers

‘Dispute Resolution analysis: The Defendants and Third Party who collectively advanced an untrue narrative in opposing a third party debt order were held jointly and severally liable to pay the Claimant’s costs. The fixed costs provisions in CPR Part 45 were disapplied in light of that concerted opposition.’

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Gatehouse Chambers, 18th March 2024

Source: gatehouselaw.co.uk