Decision to exclude mother as future carer was marred by procedural irregularity, Court of Appeal finds – Local Government Lawyer

Posted June 27th, 2024 in care orders, carers, case management, domestic violence, news by sally

‘A case management hearing during which a mother was excluded as a future carer for her child was unjust because of a procedural irregularity and must be heard by a different judge or recorder, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

The tricky task of making a Child Arrangements Order: directive or undefined? (and how to seek clarification from the judge?) – Transparency Project

Posted June 27th, 2024 in child arrangements orders, families, holidays, news by sally

‘This appeal case sheds light on the “bread and butter” work of private children law proceedings. The court and the lawyers are tasked with trying to negotiate, determine and then capture in writing the child arrangements between two parents who cannot, or will not, work together. Emotions are high and every detail feels high stakes.’

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Transparency Project, 26th June 2024

Source: transparencyproject.org.uk

Drawing on forced marriage – The Law Teacher

Posted June 27th, 2024 in education, forced marriages, news, young persons by sally

‘Forced marriage is illegal in the United Kingdom and civil legal remedies have been created to protect victim-survivors. However, legal responses have to go hand in hand with education to prevent and end this harmful practice. Comics are a creative educational tool that is accessible, engaging and inclusive, reaching diverse audiences. Comics tell nuanced and sensitive stories about complex experiences, challenging readers to identify, understand and confront injustice, and to act for a better world. Therefore, comics are an effective way to teach teenagers about forced marriage and to support their development as allies to those at risk or already experiencing it.’

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The Law Teacher, 21 June 2024

Source: www.tandfonline.com

Murder and manslaughter charges under joint enterprise rise despite concern – The Guardian

Posted June 27th, 2024 in homicide, joint enterprise, murder, news, statistics by sally

‘The number of people facing murder and manslaughter charges despite not being the principal offender has risen significantly, amid official warnings about the use of joint enterprise laws.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Parking fines are changing – here’s everything UK drivers need to know- The Independent

Posted June 27th, 2024 in complaints, consumer protection, fines, news, parking, sanctions by sally

‘Parking authorities in the UK have published new car parking rules today that will affect all drivers in the country.’

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The Independent, 27th June 2024

Source: www.independent.co.uk

Ofcom warned it must change outdated reporting rules to counter election day fake news – The Independent

Posted June 27th, 2024 in elections, media, news, regulations by sally

‘Fears that fake news could influence the outcome of the general election have led to calls for an immediate change in rules on reporting on polling day.’

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The Independent, 27th June 2024

Source: www.independent.co.uk

Risky calls: understanding the challenges and risks of using mobile phone data during homicide investigations – Policing and Society

Posted June 27th, 2024 in evidence, news, police, telecommunications by sally

‘Despite concerns having been voiced internationally about the validity and reliability of mobile phone evidence, there remain large gaps in our understanding of how police acquire and process mobile phone data, and the risks associated with this work. This paper fills some of these gaps by drawing upon qualitative data gathered during an ethnographic study of the role of forensic sciences and technologies in British homicide investigations. Specifically, we draw upon case papers, interviews, and observations to illuminate, from the perspective of police and prosecution actors, some of the opportunities, tensions, and risks encountered in accessing and processing mobile phone data during these inquiries. Our findings reveal several risks associated with current practice alongside broader complexities related to legislation, privatisation, and accreditation. We consider how these intertwined risks and challenges may undermine the reliability of mobile phone evidence and jeopardise criminal justice.’

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Policing and Society, 25th June 2024

Source: www.tandfonline.com

A critical analysis of the role of legal higher education and training in the institutionalisation of the English legal profession: quo vadis for English law schools? – The Law Teacher

Posted June 27th, 2024 in legal education, legal profession, news, universities by sally

‘This article focusses on the development and current state of the relationship between the English legal profession and higher education institutions invested in the education and training of its members. A historiography in Parts 2 and 3 reveals the development of an originally unintended relationship that came about by chance and out of necessity and ultimately gave rise to a peculiar mix of practical legal training and university education that exist to this day. It is against this background and with reference to the Larson/Abel market control theory and Clark’s triangle heuristic, that the analysis in Part 4 explores how the English legal profession continues to exert control over its market by adopting the credentials of education institutions in the training and accreditation of its own members (control over the production of producers), and by also prescribing to its members the scope and nature of the services they may provide (control over the production by producers). The organisational alliance that has so been forged between the English legal profession and higher education institutions is critically reflected upon, also in terms of how higher education institutions can possibly consider more fundamentally their stake in the maintenance of this legal professional enterprise.’

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The Law Teacher, 6th June 2024

Source: www.tandfonline.com

Looking Beyond the Traditional: A Multi-dimensional Account of the Modern Judicial Role – Judicial Review

Posted June 27th, 2024 in constitutional history, constitutional law, judiciary, news by sally

‘This article makes quite a simple claim: that it is appropriate to conceptualise the role of judges in today’s constitution as one which is multi-dimensional. This article considers how we understand “the judicial role” within the constitution historically before mapping out notable moments in that history to document the evolution of the role from “old” to “new”. Next, the article asks us to think about who our judges are by offering a brief reflection on the state of the modern judiciary and its composition.’

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Judicial Review, 29th May 2024

Source: www.tandfonline.com

Allegation of Fundamental Dishonesty? No Interim Payment Permitted – Parklane Plowden Chambers

‘In this case, the claimant brought a claim for serious injuries arising from a RTA in January 2019. As a consequence, the claimant suffered severe brain injury which he alleged caused a lack of capacity.’

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Parklane Plowden Chambers, 8th May 2024

Source: www.parklaneplowden.co.uk

Illiquid SASSs: A way forward? – Pensions Barrister

Posted June 27th, 2024 in news, pensions, sale of land, trusts by sally

‘This week, Paul Newman KC looks at the problems that arise when small self-administered schemes holding commercial property need to liquidate the asset to pay pension benefits.’

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Pensions Barrister, 27th June 2024

Source: www.pensionsbarrister.com

Zara Aleena murder: agencies’ failures contributed to death, inquest finds – The Guardian

Posted June 27th, 2024 in inquests, murder, news, police, prisons, probation by sally

‘Failures by the police and prison and probation services contributed to the death of Zara Aleena, who was murdered as she walked home from a night out in east London, an inquest jury has found.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Pornography, the Online Safety Act 2023 and the need for further reform – Journal of Media Law

Posted June 27th, 2024 in child abuse, children, internet, media, news, obscenity, pornography by sally

‘The UK’s Online Safety Act 2023 regulates pornography in a range of new ways which could radically alter both how pornography is accessed and the nature of the content available. However, while the Act ostensibly represents a new form of regulation focusing on the systems and processes of online platforms, in practice it is content-based. Our analysis reveals that the Act generates eight new classifications of pornography, each associated with a distinct legal framework, thereby creating a confusing and unnecessarily complex regulatory regime. Accordingly, we recommend further reforms to fortify and clarify the regulatory regime, as well as a more comprehensive review of pornography regulation in general, with the overall aim of reducing the harms of pornography.’

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Journal of Media Law, 5th June 2024

Source: www.tandfonline.com

Government hit with judicial review after excluding onshore wind from energy policy – Local Government Lawyer

‘The High Court has granted the Good Law Project permission to challenge the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Ads for menopause supplements banned by regulator – The Independent

Posted June 26th, 2024 in advertising, health, menopause, news, ombudsmen, women by sally

‘Ads for supplements claiming they could treat and cure menopause symptoms such as hot flushes and weight gain have been banned by the regulator.’

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The Independent, 26th June 2024

Source: www.independent.co.uk

The Care Quality Commission’s New Inspection and Regulation Regime – Kingsley Napley Regulatory Blog

‘The Care Quality Commission (CQC) has implemented a new inspection and regulation regime which is pegged to enhance the regulation of health and social care services. This blog will detail the key changes, their rationale, practical applications, and any early signs of difficulties.’

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Kingsley Napley Regulatory Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 26th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Cantor Fitzgerald & Co v Yes Bank Ltd [2024] EWCA Civ 695 (24 June 2024)

High Court (Administrative Court)

Solicitors Regulation Authority Ltd v Sa’id [2024] EWHC 1619 (Admin) (25 June 2024)

Hahn v Secretary of State for Justice [2024] EWHC 1559 (Admin) (24 June 2024)

High Court (Chancery Division)

Peter Waddell Holdco Ltd & Anor v Bluebell Cars Holding Ltd & Ors [2024] EWHC 1627 (Ch) (25 June 2024)

Syspal Capital Ltd v Truman & Anor [2024] EWHC 1561 (Ch) (24 June 2024)

High Court (King’s Bench Division)

Harcombe & Anor v Associated Newspapers Ltd & Anor [2024] EWHC 1523 (KB) (25 June 2024)

Wagner v Bright Station Ventures Management Ltd [2024] EWHC 1612 (KB) (25 June 2024)

Occupiers of Samuel Garside House v Bellway Homes Ltd & Anor [2024] EWHC 1579 (KB) (25 June 2024)

Tradin Organic Agriculture BV v Gold Grain Gida Tarim Urunleri Sanayi Ve Ticaret Anonim Sirketi [2024] EWHC 1562 (KB) (24 June 2024)

Bridgen v Hancock [2024] EWHC 1603 (KB) (24 June 2024)

Artcrafts International SpA v Mou Ltd [2024] EWHC 1558 (KB) (21 June 2024)

Stamp v Open Democracy [2024] EWHC 1574 (KB) (21 June 2024)

Source: www.bailii.org