How new rules to protect the victims of text and email fraud will work – The Guardian

‘As push payment fraud balloons, a scheme is coming into force to help those tricked by criminals’ increasingly sophisticated tactics.’

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The Guardian, 7th October 2024

Source: www.theguardian.com

Widower hopes for answers as surgeon inquests loom – BBC News

‘Catherine Coyne’s death is one of 62 being investigated, external in inquests opening in Birmingham into deaths of Paterson’s patients.

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BBC News, 7th October 2024

Source: www.bbc.co.uk

Heinz apologises after ad featuring black family sparks anger online – The Guardian

Posted October 7th, 2024 in advertising, complaints, news, racism by michael

‘The US manufacturer, which recently launched an ad campaign for family-sized pasta sauces, was criticised for promoting stereotypes in a billboard advertisement spotted at Vauxhall and Manor House stations.’

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The Guardian, 6th October 2024

Source: www.theguardian.com

Failings before woman killed in home by student – BBC News

‘A safeguarding review concluded that opportunities had been missed and made a number of recommendations, while Cwm Taf Morgannwg health board apologised and accepted the recommendations.’

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BBC News, 7th October 2024

Source: www.bbc.co.uk

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality. In fact, it is expressly intended that the majority of civil, family, and tribunal disputes will be settled or resolved online through the Digital Justice System, in accordance with rules specifically developed by the Online Procedure Rule Committee (OPRC) to cover the online pre-action and action space. It is also notable that such a system of various online private and public portals will have a common data architecture based on the open digital standards developed by OPRC. It is not yet known when this system will become operational, but as we approach such a reality, the potential loss of accountability and democratic deficit needs to be addressed as an extremely urgent threat.’

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UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

The missed chances that led to four small boys dying in a Sutton house fire – The Guardian

‘Deveca Rose’s two sets of twins were seen as well brought up yet their mother, who has been convicted of manslaughter, struggled with her mental health.’

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The Guardian, 3rd October 2024

Source: www.theguardian.com

Law Commission consultation on burial and cremation law – Law & Religion UK

‘The law on burial and cremation in England and Wales, some of which dates back to the mid-19th century, is complicated and outdated. It has evolved as a patchwork of different laws which apply to different burial grounds depending on who operates them (eg the Church of England, local authorities or private owners). There are also gaps in the law. Burial space is running out, with the situation worst in some urban areas. Grave reuse has long been seen as a solution to this problem, but not all burial grounds are permitted to reuse graves.’

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Law & Religion UK, 3rd October 2024

Source: lawandreligionuk.com

Woman found guilty over deaths of four home-alone sons in fire – The Guardian

‘A woman has been found guilty over the deaths of her four young sons in a fire at their home in London after she left them alone to go shopping.’

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The Guardian. 3rd October 2024

Source: www.theguardian.com

Adverse possession – the time to believe? – Law Society’s Gazette

‘The Land Registration Act 2002 was thought to have killed off adverse possession as an active legal mechanism, but the recent case of Brown v Ridley has reopened the debate. The central issue: when is the 10-year period during which the applicant must have a reasonable belief to satisfy paragraph 5(4) of schedule 6? This is one of the three conditions which an applicant must satisfy if the registered title owner objects to the application for adverse possession.’

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Law Society's Gazette, 2nd October 2024

Source: www.lawgazette.co.uk

AMHPs, MHA admission and changing cultures – in conversation with Colleen Simon and John Mitchell – Mental Capacity Law and Policy

Posted October 4th, 2024 in mental health, news by sally

‘In this ‘in conversation’ with Colleen Simon and John Mitchell, we talk about a recently published discussion paper about the ways in which Approved Mental Health Professionals (‘AMHPs’) undertake their statutory role of ‘considering’ patient’s cases under s.13 MHA 1983, and why it is dangerous to think of an ‘MHA assessment’ as a single event. We also think about what could be done differently even in advance of any law reforms that might take place in this area.’

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Mental Capacity Law and Policy, 3rd October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Chicken farm row reaches High Court – BBC News

‘Campaigners will be taking on Shropshire Council in the High Court as a seven-year dispute over an industrial-scale chicken farm continues.’

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BBC News, 3rd october 2024

Source: www.bbc.co.uk

Infamous killer makes bid to be freed from prison – BBC News

Posted October 3rd, 2024 in murder, news, parole, Wales by tracey

‘A murderer at the centre of one of Wales’ most notorious killings will make his case to be freed from prison later.’

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BBC News, 3rd October 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 3rd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Financial Conduct Authority v BlueCrest Capital Management (UK) LLP [2024] EWCA Civ 1125 (02 October 2024)

Tvis Ltd v Howserv Services Ltd & Ors [2024] EWCA Civ 1103 (02 October 2024)

Viegas & Ors v Estate of Jose Luis Cutrale & Anor [2024] EWCA Civ 1122 (02 October 2024)

High Court (Chancery Division)

Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) (01 October 2024)

Kay v Martineau Johnson (A Firm) [2024] EWHC 2451 (Ch) (01 October 2024)

High Court (Commercial Court)

Sheikh Khalid Bin Ahmed Al Hamed & Ors v Sheikh Hamed Bin Ahmed Al Hamed & Anor [2024] EWHC 2448 (Comm) (01 October 2024)

High Court (Family Division)

G v Human Fertilisation & Embryology Authority & Anor [2024] EWHC 2453 (Fam) (30 September 2024)

A and B (Children: Return order: Article 13(a) defence: 1980 Hague Convention), Re [2024] EWHC 2473 (Fam) (30 September 2024)

High Court (Patents Court)

Samsung Bioepis UK Ltd v Janssen Biotech, Inc. [2024] EWHC 2442 (Pat) (26 September 2024)

Pfizer Inc. & Anor v ModernaTX, Inc. [2024] EWHC 2443 (Pat) (25 September 2024)

Panasonic Holdings Corporation v Xiaomi Technology UK Ltd & Ors [2024] EWHC 2445 (Pat) (24 September 2024)

High Court (King’s Bench Division)

Reynolds v Chief Constable of Kent Police [2024] EWHC 2487 (KB) (02 October 2024)

AXA v Airedale NHS Foundation Trust [2024] EWHC 2499 (KB) (02 October 2024)

Source: www.bailii.org

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality.’

Full Story

UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

Gap between EDI policy and practice at law firms and in-house – Legal Futures

Posted October 3rd, 2024 in diversity, equality, law firms, news, reports by tracey

‘There remains a gap between policy and practice when it comes to diversity, equality and inclusion (DEI) at both law firms and in-house legal departments, according to new research.’

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Legal Futures, 3rd October 2024

Source: www.legalfutures.co.uk

Consultation on the regulation of barristers in chambers: The BSB’s response – Bar Standards Board

Posted October 3rd, 2024 in barristers, enforcement, news, standards by tracey

‘In October 2023, the Bar Standards Board (BSB) launched a public consultation to clarify our regulatory expectations of chambers. This followed a series of consultative roundtables across all circuits in England and Wales. During the consultation period we also held an additional series of roundtables, meeting with barristers, clerks and practice managers at eight roundtables across England and Wales. In total, we received 22 written responses to our consultation and also gathered valuable feedback from our extensive engagement events.’

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Bar Standards Board, 2nd October 2024

Source: www.barstandardsboard.org.uk

BSB regulatory proposals muddy the waters – The Bar Council

Posted October 3rd, 2024 in barristers, enforcement, news, standards by tracey

‘New proposals on the regulation of barristers in chambers will create uncertainty as to compliance and over who in chambers is responsible for meeting regulatory requirements, according to the Bar Council.’

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The Bar Council, 2nd October 2024

Source: www.barcouncil.org.uk

Postmaster jailed for wife’s murder seeks appeal – BBC News

Posted October 3rd, 2024 in appeals, domestic violence, inquiries, married persons, murder, news, postal service by tracey

‘A former sub-postmaster serving life in prison for murdering his wife is seeking a fresh appeal of his conviction, arguing the Post Office Inquiry has shed new light on his case.’

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BBC News, 3rd October 2024

Source: www.bbc.co.uk

Sex charge tutor case reveals ‘massive’ safeguarding hole – BBC News

Posted October 3rd, 2024 in child abuse, news, sexual offences, teachers, vetting by tracey

‘A man charged with sexual assault has been advertising as a private tutor for children in maths and science, a BBC investigation has found. The man, who we’re not naming for legal reasons, left his job as a teacher last year. Bail conditions prevent him having any contact with children and he is due to stand trial in March.’

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BBC News, 3rd October 2024

Source: www.bbc.co.uk

Sellafield ordered to pay nearly £400,000 over cybersecurity failings – The Guardian

Posted October 3rd, 2024 in computer crime, fines, guilty pleas, news, nuclear power, sentencing by tracey

‘Sellafield will have to pay almost £400,000 after it pleaded guilty to criminal charges over years of cybersecurity failings at Britain’s most hazardous nuclear site.’

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The Guardian, 2nd October 2024

Source: www.theguardian.com