Month: August 2024

Upper Tribunal allows appeal by council over imposition of conditions that compromised enforcement notice – Local Government Lawyer

Posted August 30th, 2024 in appeals, enforcement notices, environmental protection, local government, news, planning, trees, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has overturned a decision of the First-Tier Tribunal (Property Chamber), which it said had not been entitled to impose conditions which had the effect of compromising an enforcement notice and would “perpetuate the harm to the landscape and heritage assets identified by the inspector”.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Alarm at failure to inspect 60% of England homecare providers in four years or longer – The Guardian

Posted August 30th, 2024 in care workers, government departments, news, quality assurance by sally

‘Care leaders have warned of a serious safety risk as research revealed 60% of homecare providers had not been inspected for at least four years, or ever.’

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The Guardian, 30th August 2024

Source: www.theguardian.com

Council decision-making procedures and legal advice “not followed” during closure of care home, independent review finds – Local Government Lawyer

Posted August 30th, 2024 in care homes, local government, news by sally

‘An independent review into Wakefield Council’s decision to close a residential care home, moving some residents in less than 48 hours, has found that the council’s decision-making procedures were “not followed properly”, and that there wasn’t enough focus on the needs of residents.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

Cleaners at prestigious UK girls’ school win dispute over pay and conditions – The Guardian

Posted August 30th, 2024 in compensation, employment, news, remuneration, trade unions by sally

‘Cleaners at a prestigious London private school have won their battle for improved pay and working conditions, as well as compensation for steep cuts in their hours, scrapping plans for industrial action that was due to have started next week.’

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The Guardian, 29th August 2024

Source: www.theguardian.com

Man who threatened to kill Ed Miliband jailed – BBC News

Posted August 30th, 2024 in imprisonment, news, parliament, sentencing, threatening behaviour by sally

‘A man who threatened to kill former Labour leader Ed Miliband has been jailed for three years.’

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BBC News, 29th August 2024

Source: www.bbc.co.uk

“A most ingenious paradox” – Law & Religion UK

Posted August 30th, 2024 in burials and cremation, Church of England, news by sally

‘“We know your taste for curious quips, For cranks and contradictions queer“…

…. and in the recent judgment Re St. Mary Fawkham [2024] ECC Roc 1 Willink Ch. evinces the solution to the question “When is a petition not a petition?“, in which circumstances “a memorial” (in a churchyard) had to be distinguished from the broader (legal) meaning of “a memorial” . The circumstances of the case itself will be familiar to canon lawyers – the Petitioner wished to install a memorial in the churchyard in memory of his late wife. The proposed memorial was a headstone and kerbs, the proposed stone being polished paradiso granite, described as “a swirling mixture of pink, grey, red and black colours in a strongly-defined tortoiseshell-type pattern.”’

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Law & Religion UK, 29th August 2024

Source: lawandreligionuk.com

Teenager guilty of murdering Holly Newton, 15 – BBC News

Posted August 30th, 2024 in children, murder, news, stalking, young offenders, young persons by sally

‘A 17-year-old boy has been found guilty of murdering Holly Newton, 15, who was stabbed to death in January 2023.’

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BBC News, 29th August 2024

Source: www.bbc.co.uk

High Court judge criticises council over handling of contempt proceedings in dispute over riverboats – Local Government Lawyer

Posted August 30th, 2024 in injunctions, local government, news, nuisance, trespass by sally

‘The London Borough of Richmond has lost a case over mooring on the River Thames in which a judge had earlier “excoriated” another judge’s order.’

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Local Government Lawyer, 29th August 2024

Source: www.localgovernmentlawyer.co.uk

SRA: Convictions highlight Chinese ‘underground banking’ danger – Legal Futures

Posted August 30th, 2024 in banking, China, imprisonment, money laundering, news, sentencing, solicitors, Solicitors Regulation Authority by sally

‘The sentencing of seven people involved in a money laundering network via Chinese underground banking is a valuable reminder to solicitors of its risks, the Solicitors Regulation Authority (SRA) has said.’

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Legal Futures, 30th August 2024

Source: www.legalfutures.co.uk

Woman, 52, and daughter admit part in far-right disorder in Middlesbrough – The Guardian

Posted August 30th, 2024 in demonstrations, immigration, news, public order, violent offenders by sally

‘A woman, her daughter and her daughter’s boyfriend have admitted taking part in violent far-right disorder earlier this month in Middlesbrough.’

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The Guardian, 29th August 2024

Source: www.theguardian.com

Judges releases law firm from privilege to defend claim – Legal Futures

Posted August 29th, 2024 in arbitration, fiduciary duty, insolvency, law firms, loans, news, privilege by sally

‘A City law firm will be able to fully defend itself from serious allegations in the High Court after a judge held that its former clients cannot claim legal professional privilege (LPP) because of the iniquity exemption.’

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Legal Futures, 29th August 2024

Source: www.legalfutures.co.uk

Financial watchdog to review pure protection insurance market – The Independent

Posted August 29th, 2024 in competition, financial regulation, insurance, markets, news by sally

‘The financial watchdog is to review the UK’s pure protection insurance market, amid concerns that competition in the sector is “not working well”.’

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The Independent, 28th August 2024

Source: www.independent.co.uk

Lucy Letby: Questions grow in debate on killer’s convictions – BBC News

Posted August 29th, 2024 in children, evidence, expert witnesses, hospitals, murder, news, nurses by sally

‘Lucy Letby has become arguably the most notorious serial killer of modern times.’

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BBC News, 29th August 2024

Source: www.bbc.co.uk

Charity calls on Government to close “legal loophole” to end use of physical punishment against children – Local Government Lawyer

Posted August 29th, 2024 in charities, children, corporal punishment, news by sally

‘The NSPCC has called for greater legal protection for children against physical punishment, after recording a substantial increase in reports of children being hit, slapped and shaken.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted August 29th, 2024 in law reports by tracey

Court of Appeal (Criminal Division)

Hutchinson v R. [2024] EWCA Crim 997 (28 August 2024)

High Court (Administrative Court)

Kozar v District Court in Liberec, Czech Republic [2024] EWHC 2226 (Admin) (28 August 2024)

Karmakar & Anor, R (On the Application Of) v Royal College of General Practitioners [2024] EWHC 2211 (Admin) (27 August 2024)

Seabrooke Manor Ltd, R (On the Application Of) v Care Quality Commission [2024] EWHC 2203 (Admin) (27 August 2024)

Bain v Secretary of State for Transport [2024] EWHC 2216 (Admin) (27 August 2024)

High Court (Chancery Division)

East-West United Bank SA v Gusinski & Ors [2024] EWHC 2223 (Ch) (28 August 2024)

High Court (Family Division)

A, Re (Appeal: Costs) [2024] EWHC 2218 (Fam) (28 August 2024)

London Borough of Hammersmith and Fulham v G & Ors [2024] EWHC 2200 (Fam) (23 August 2024)

Elkndo v Elsyed & Ors (Committal: Findings) [2024] EWHC 2204 (Fam) (22 August 2024)

Source: www.bailii.org

Dozens of Muslim organisations demand independent investigation into Islamophobia after violent riots – The Independent

Posted August 29th, 2024 in Islam, news, racism, violent disorder by sally

‘Dozens of Muslim organisations have called for the government to “take concrete steps” to tackle Islamophobia in the wake of the far-right riots.’

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The Independent, 28th August 2024

Source: www.independent.co.uk

Fine for solicitor who acted on both sides of property deal – Legal Futures

Posted August 29th, 2024 in conflict of interest, disciplinary procedures, fines, news, sale of land, solicitors, Solicitors Regulation Authority by sally

‘A partner who acted for both sides of a property transaction where there was a conflict of interest has been fined by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 28th August 2024

Source: www.legalfutures.co.uk

Protected beliefs and pronouns policies – Local Government Lawyer

Posted August 28th, 2024 in employment, employment tribunals, equality, freedom of expression, gender, local government, news, professional conduct, unfair dismissal by tracey

‘The Employment Tribunal has found that ‘XYchromosomeGuy’ who objected to his local authority employer’s pronouns policy was fairly dismissed. Jo Moseley looks at the lessons from the case.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

Positive action v positive discrimination: how to avoid crossing the (thin blue) line – Local Government Lawyer

Posted August 28th, 2024 in employment, employment tribunals, equality, local government, news, police, race discrimination by tracey

‘To what extent can employers appoint or promote someone because they have a protected characteristic that is under-represented in their organisation? Jo Moseley analyses a recent Employment Tribunal ruling involving a police force.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk

Councils and charity trustees – Local Government Lawyer

Posted August 28th, 2024 in charities, Charity Commission, local government, news by tracey

‘The Charity Commission has issued a warning to local authorities over the failure to comply with legal duties as charity trustees. Paul Hilsdon looks at the steps councils should take.’

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Local Government Lawyer, 28th August 2024

Source: www.localgovernmentlawyer.co.uk