Public Inquiries | Enhancing Public Trust: Key recommendations from the House of Lords Statutory Inquiries Committee report – 2 Hare Court

Posted September 25th, 2024 in chambers articles, inquiries, news, select committees by tracey

‘On Monday, the House of Lords Statutory Inquiries Committee published its report on recommended reforms to the work of statutory inquiries. The report is published in the context of 18 public inquires taking place in the UK this year alone, and recent significant developments in the Grenfell Tower, Infected Blood, Post Office and Covid-19 Inquiries. Some of the report’s recommendations extend beyond statutory inquiries, to include major inquests.’

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2 Hare Court, 19th September 2024

Source: www.2harecourt.com

HMP Brixton: Inspection finds catalogue of failings at one of UK’s most overcrowded jails – The Independent

‘A damning inspection has highlighted a catalogue of failings at one of the UK’s most overcrowded jails – underscoring how the crisis behind bars “extends far beyond the prison walls and into our communities”.’

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The Independent, 24th September 2024

Source: www.independent.co.uk

Key changes to ICAEW Professional Indemnity Insurance requirements – Kingsley Napley Regulatory Blog

Posted September 25th, 2024 in accountants, chambers articles, consultations, insurance, news by sally

‘In December 2023, the ICAEW Regulatory Board, along with the Professional Indemnity Insurance Committee (PIIC), began reviewing ICAEW’s insurance requirements. A consultation on the proposed changes was held from 18 October to 14 December 2023. After reviewing the feedback, the ICAEW has confirmed changes to the Professional Indemnity Insurance (PII) regime to take effect on 1 September 2024. This blog will explore the PII requirements, a summary of key changes and their purpose and impact.’

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Kingsley Napley Regulatory Blog, 23rd September 2024

Source: www.kingsleynapley.co.uk

ASA bans adverts for Nike and Sky for using ‘dark pattern’ tactics – The Guardian

Posted September 25th, 2024 in advertising, internet, news, ombudsmen by sally

‘Adverts for Nike and Sky have been banned by the regulator for using “dark pattern” tactics designed to lead consumers to unintentionally spend money.’

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The Guardian, 25th September 2024

Source: www.theguardian.com

Justice secretary Shabana Mahmood unveils plan to shut women’s prisons amid overcrowding crisis – The Independent

Posted September 25th, 2024 in criminal justice, early release, Ministry of Justice, news, prisons, statistics, women by sally

‘Justice secretary Shabana Mahmood has set out plans to slash the number of women going to jail and ultimately close women’s prisons amid an overcrowding crisis.’

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The Independent, 24th September 2024

Source: www.independent.co.uk

‘Hillsborough Law’ on the table by anniversary – PM – BBC News

‘A “Hillsborough law” will be introduced in Parliament before the next anniversary of the 1989 football stadium tragedy, Sir Keir Starmer has confirmed.’

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BBC News, 24th September 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 24th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Palmer & Ors v National Crime Agency [2024] EWCA Civ 1095 (20 September 2024)

High Court (Administrative Court)

Loveluck & Anor v Natural England [2024] EWHC 2404 (Admin) (23 September 2024)

Drzewiecki v Polish Judicial Authority (No. 2) [2024] EWHC 2381 (Admin) (19 September 2024)

Sroczynski v Polish Judicial Authority [2024] EWHC 2380 (Admin) (19 September 2024)

Dorchester Living Ltd v Secretary of State for Department for Levelling Up, Housing and Communities & Ors [2024] EWHC 3284 (Admin) (19 September 2024)

London Borough of Haringey v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2378 (Admin) (19 September 2024)

High Court (Chancery Division)

Queen Mary University of London v LSY & Ors [2024] EWHC 2386 (Ch) (20 September 2024)

Magee & Ors v Crocker & Anor (Re Costs) [2024] EWHC 2353 (Ch) (19 September 2024)

High Court (Family Division)

NR (A Child: Ceilings of Treatment after Survival of Withdrawal of Life Sustaining Treatment), Re [2024] EWHC 2400 (Fam) (18 September 2024)

High Court (King’s Bench Division)

Deng v Zhang & Anor [2024] EWHC 2392 (KB) (20 September 2024)

Source: www.bailii.org

Securities litigation in the UK: liability and remedies – OUT-LAW.com

Posted September 24th, 2024 in fraud, misrepresentation, news, shareholders by tracey

‘UK securities litigation claim numbers are rising due to factors such as increased availability of litigation finance from third party funders, the growth of shareholder activism, and the use of litigation as a tool for corporate governance and compliance.’

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OUT-LAW.com, 23rd September 2024

Source: www.pinsentmasons.com

Nursing home held not to be a public authority for the purposes of an Article 2 claim – UK Human Rights Blog

Posted September 24th, 2024 in care homes, human rights, mental health, negligence, news by tracey

‘In Sammut v Next Steps Mental Healthcare Ltd and Greater Manchester Mental Health Foundation Trust [2024] EWHC 2265(KB), HHJ Bird sitting as a judge of the High Court gave summary judgment in favour of the first defendant in a claim against a care home brought on behalf of the estate of a mental health patient for breach of ECHR Article 2. HHJ Bird held that the care home was not engaged in public functions for the purposes of section 6 of the Human Rights Act 1998 and was not a public authority. Further, the alleged breach of Article 2 was in reality no more than an allegation of clinical negligence outwith the scope of Article 2.’

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UK Human Rights Blog, 24th September 2024

Source: ukhumanrightsblog.com

Ombudsman recommends council review triaging procedures for Deprivation of Liberty Safeguards requests – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found Stockport Metropolitan Borough Council at fault for depriving a woman of her liberty without an authorisation, and failing to involve her attorney in a best interests meeting to decide on a new placement.’

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Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman upholds care home’s complaint about funding for resident – Local Government Lawyer

Posted September 24th, 2024 in care homes, local government, news, ombudsmen by tracey

‘The Local Government and Social Care Ombudsman has found Leicester City Council at fault in relation to a lack of funding support for a resident in a care home, finding that its actions led to a “financial shortfall” and a “missed opportunity to reduce the risk of harm to the Home residents”.’

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Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

AI use among lawyers soaring but impact on fees uncertain – Legal Futures

Posted September 24th, 2024 in artificial intelligence, fees, legal profession, legal services, news by tracey

‘Four out of five lawyers are currently using or planning to use artificial intelligence (AI) tools, according to new research – but the impact on pricing remains unclear.’

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Legal Futures, 24th September 2024

Source: www.legalfutures.co.uk

Upper Tribunal dismisses landlord’s appeal despite ‘serious procedural irregularity’ in rent repayment case – Law Society’s Gazette

Posted September 24th, 2024 in default judgments, landlord & tenant, news, rent, repayment by tracey

‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

Serial litigant’s history does not make claim vexatious, rules tribunal – Law Society’s Gazette

‘A serial litigant accused of pursuing unrealistic job applications to then bring discrimination claims has been allowed to pursue his latest action.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

Former police officer who stalked colleague banned – BBC News

Posted September 24th, 2024 in guilty pleas, news, police, restraining orders, stalking by tracey

‘A former police officer who stalked a female colleague has been barred from the profession.’

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BBC News, 24th September 2024

Source: www.bbc.co.uk

Campbell family win Bluebird trademark battle – BBC News

Posted September 24th, 2024 in compensation, news, trade marks, trade names by tracey

‘The family of Donald Campbell have won a battle to block Bluebird’s restorer registering a trademark featuring the craft’s name.’

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BBC News, 24th September 2024

Source: www.bbc.co.uk

Crime victims in UK fight ‘devastating’ practice that stops appeal after a case is dropped – The Guardian

‘A “draconian” practice that stops crime victims challenging last-­minute decisions to drop their cases is leading to miscarriages of justice and must urgently be reformed, campaigners say.’

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The Guardian, 21st September 2024

Source: www.theguardian.com

Hospital where baby died from infected feed had ‘entirely unsafe system’ – The Guardian

Posted September 24th, 2024 in children, food, food hygiene, hospitals, inquests, news by tracey

‘An NHS trust that gave four newborn babies contaminated feed has admitted that it was operating “an entirely unsafe system” at the time they became infected.

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The Guardian, 24th September 2024

Source: www.theguardian.com

Met Police officer committed ‘gross misconduct’ when holding Taser to Black boy’s neck – The Independent

‘A Metropolitan Police officer has been found to have committed gross misconduct after holding a Taser against a 16-year-old Black boy’s neck, the police watchdog has said.’

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The Independent, 23rd September 2024

Source: www.independent.co.uk

Unreasonable conduct and a leasehold mess – Nearly Legal

Posted September 23rd, 2024 in costs, jurisdiction, landlord & tenant, leases, news by tracey

‘Zaid Alothman Holdings Ltd & Ors v Better Intelligent Management Ltd & Anor (COSTS – CONDUCT – what amounts to “unreasonable conduct”) (2024) UKUT 253 (LC)
This was the appellant leaseholders’ appeal from an FTT decision refusing them Rule 13 costs on the freeholder/managing agent’s application for determination of breach of lease which was dismissed for lack of jurisdiction. It isn’t so much of interest for the decision itself (though that is interesting) but about what the conduct of the freeholder, the tangle of the law and the messy outcome say about the state of leasehold law in general.’

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Nearly Legal, 22nd September 2024

Source: nearlylegal.co.uk