Month: January 2025

The need to plead a positive case in defence if you have a positive case in defence – Doughty Street Chambers

Posted January 31st, 2025 in case management, chambers articles, evidence, hospitals, housing, landlord & tenant, negligence, news, repairs by Lily

‘In Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB), the High Court exercised its case management powers to exclude witness evidence which put forward a positive case on an issue which had been neither admitted or denied in the defence on the basis that the matter was outside the Defendant’s knowledge. The Judge found that this was not permissible. This article considers how this issue arises in the housing disrepair context.’

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Doughty Street Chambers, 28th January 2025

Source: insights.doughtystreet.co.uk

The McDonald’s Model: What happens next following a McFlurry of harassment complaints? – Doughty Street Chambers

Posted January 31st, 2025 in chambers articles, complaints, employment, employment tribunals, equality, Equality and Human Rights Commission, harassment, news, sex discrimination by Lily

‘In 2019, the Bakers, Food and Allied Workers Union said it had received around 1,000 complaints from workers across UK branches of McDonald’s [1], although it was not clear whether these complaints were made against multiple franchisees or McDonald’s as the franchisor. The complaints were said to encompass a range of discriminatory behaviours, including sexual harassment.’

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Doughty Street Chambers, 29th January 2025

Source: insights.doughtystreet.co.uk

New Sentencing Guideline for Strangulation and Suffocation – Devon Chambers

Posted January 31st, 2025 in chambers articles, domestic violence, news, sentencing by Lily

‘Gemma McKernan provides an update on the new sentencing guideline for strangulation and suffocation.’

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Devon Chambers, 9th January 2025

Source: devonchambers.co.uk

The Employment Relations Act 1999 (Blacklists) Regulations 2010: Ryanair DAC v Benjamin Morais & Ors – Devereux Chambers

Posted January 31st, 2025 in airlines, appeals, chambers articles, employment, industrial action, news, trade unions, unfair dismissal by Lily

‘Analysis from Stuart Brittenden KC and Bruce Carr KC.’

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Devereux Chambers, 17th January 2025

Source: www.devereuxchambers.co.uk

When Children Act orders can be made for older children – Becket Chambers

Posted January 31st, 2025 in chambers articles, children, families, learning difficulties, news by Lily

‘Looking at the case of Re T (a child) (s 9(6) Children Act 1989 orders: exceptional circumstances: parental alienation) [2024] EWHC 59 (Fam). It is generally accepted that orders are not made for older children aged 16, (or even from the age of 14 in many cases). So when will the court make an order for a child aged 16? A section 8 order cannot extend beyond the age of 16 (apart from “live with” orders) and new section 8 orders cannot be made in respect of a 16-year-old, save for in “exceptional circumstances”.’

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Becket Chambers, 16th January 2025

Source: becket-chambers.co.uk

Judges who oversaw Sara Sharif’s family court cases before her murder named – The Independent

Posted January 31st, 2025 in anonymity, causing death of children or vulnerable adults, children, families, family courts, judges, media, murder, news, reporting restrictions by Lily

‘Three judges who oversaw Sara Sharif’s family court cases before she was murdered by her father and stepmother have now been named by a court. Judge Alison Raeside, Judge Peter Nathan and Judge Sally Williams were named on Friday as the three judges who were all involved in family court proceedings related to the care of the 10-year-old between 2013 and 2019 after a Court of Appeal ruling overturned a ban on the media identifying them.’

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The Independent, 31st January 2025

Source: www.independent.co.uk

Couple jailed over ‘sexual and sadistic’ murder of Sarah Mayhew in London – The Guardian

Posted January 31st, 2025 in imprisonment, murder, news, perverting the course of justice, recidivists, sentencing by Lily

‘A couple who killed a woman and dumped her dismembered body in different parts of south London have been jailed for murder.’

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The Guardian, 30th January 2025

Source: www.theguardian.com

Planned UK people-smuggling laws risk ‘criminalising’ asylum seekers, charities say – The Guardian

Posted January 31st, 2025 in asylum, bills, charities, children, criminal justice, families, government departments, immigration, news, refugees, trafficking in human beings by Lily

‘Keir Starmer’s planned people-smuggling laws risk “criminalising” hundreds of asylum seekers, refugee charities have said, after it emerged that people who refuse to be rescued by the French authorities could be jailed for five years.’

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The Guardian, 30th January 2025

Source: www.theguardian.com

Army quartermaster jailed for stealing almost £500,000 of supplies from MoD – The Guardian

Posted January 31st, 2025 in armed forces, fraud, government departments, imprisonment, news, sentencing by Lily

‘A British army quartermaster defrauded the UK government out of almost £500,000 worth of supplies after feeling under pressure from his girlfriend to prove he was rich.’

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The Guardian, 30th January 2025

Source: www.theguardian.com

New crime of endangering lives to target small boat crossings – BBC News

Posted January 31st, 2025 in asylum, bills, charities, criminal justice, government departments, immigration, imprisonment, news, refugees, trafficking in human beings by Lily

‘Endangering lives at sea is to be a new criminal offence carrying a jail term of up to five years as part of plans to tackle people smuggling, the Home Office says.’

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BBC News, 30th January 2025

Source: www.bbc.co.uk

Judge rejects attempt to overturn inquest verdict on Stockport scout’s death – The Guardian

Posted January 31st, 2025 in causing death of children or vulnerable adults, children, inquests, judicial review, negligence, news, unlawful killing by Lily

‘A high court judge has rejected an attempt by a scout leader and an assistant to overturn the findings of an inquest jury that concluded they were responsible for the unlawful killing of a 16-year-old boy who fell from a cliff during an expedition.’

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The Guardian, 30th January 2025

Source: www.theguardian.com

Ex-dancer settles with Royal Ballet School over ‘body-shaming’ – BBC News

Posted January 31st, 2025 in bullying, compensation, mental health, news, psychiatric damage by Lily

‘The Royal Ballet School (RBS) has reached a financial settlement with a former student, who said the body-shaming she experienced while at the elite institution has left her with lifelong psychological damage.’

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BBC News, 30th January 2025

Source: www.bbc.co.uk

Ecclesiastical court judgments – January – Law & Religion UK

Posted January 31st, 2025 in burials and cremation, Christianity, Church of England, faculties, news, nuisance by Lily

‘Only three consistory court judgments were circulated in January 2025; these included: the application of the tort of nuisance; the replacement of condemned wall-mounted heaters with a new boiler and wet system; and a burial plot that had been reserved by two families. However, this review also includes: CDM Decisions and Safeguarding; CFCE Determinations; and links to other posts relating to ecclesiastical law.’

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Law & Religion UK, 31st January 2025

Source: lawandreligionuk.com

A bitter taste? When will the Court depart from assimilated EU case law? – UK-EU Relations Law

Posted January 31st, 2025 in appeals, brexit, EC law, intellectual property, news, trade marks by Lily

‘In this blog post Jack Williams of Monckton Chambers discusses a new Court of Appeal judgment, Thatchers Cider Co Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (“Thatchers”), in which the Court decided not to depart from assimilated case law.’

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UK-EU Relations Law, 29th January 2025

Source: eurelationslaw.com

Counter terror-style powers to strengthen ability to smash smuggling gangs – Home Office

Posted January 31st, 2025 in asylum, bills, criminal justice, gangs, government departments, immigration, imprisonment, news, refugees, trafficking in human beings by Lily

‘New counter terror-style powers to identify, disrupt and smash people smuggling gangs will be introduced as part of landmark legislation to protect our borders.’

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Home Office, 30th January 2025

Source: www.gov.uk

UKSC to decide what ‘Woman’ means in the Equality Act 2010 – Oxford Human Rights Hub

Posted January 31st, 2025 in appeals, equality, gender, human rights, interpretation, news, Scotland, sex discrimination, statutory interpretation, Supreme Court, transgender persons, women by Lily

‘The UK Supreme Court (UKSC) is poised to deliver its judgment in For Women Scotland v The Scottish Ministers, examining whether “woman” under the Equality Act 2010 (EA) includes trans women with a Gender Recognition Certificate (GRC) issued under the Gender Recognition Act 2004 (GRA). This blog discusses why GRC holders should not be excluded from the EA’s sex discrimination protections.’

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Oxford Human Rights Hub, 30th January 2025

Source: ohrh.law.ox.ac.uk

Law reform charity proposes rights-based framework for AI use in justice system – Local Government Lawyer

Posted January 31st, 2025 in artificial intelligence, charities, civil justice, criminal justice, legal profession, local government, news by Lily

‘Law reform charity JUSTICE has proposed the first rights-based framework to guide AI use across the UK justice system in a report that has urged the deployment of the technology be guided by a “clear purpose and responsibility”.’

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Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

Care home providers win High Court battle with council over minimal uplift in fees – Local Government Lawyer

Posted January 31st, 2025 in care homes, equality, local government, news by Lily

‘A group of local care homes has won an irrationality case in the High Court against Stoke-on-Trent City Council over the local authority’s decision to pay only a minimal uplift in fees for home residents.’

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Local Government Lawyer, 30th January 2025

Source: www.localgovernmentlawyer.co.uk

High Court judge criticises ‘unconscionable delay’ in care case, extension of statutory time limits ‘by default’ – Local Government Lawyer

Posted January 31st, 2025 in adoption, care orders, children, families, family courts, local government, news, placement orders, restraining orders by Lily

‘A High Court judge has made a care order in relation to a four-year-old girl (F), finding that her best interests will be met by an adoptive placement outside her family, while criticising the “unconscionable delay” in the case, which took almost 30 months to reach a conclusion’

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Local Government Lawyer, 31st January 2025

Source: www.localgovernmentlawyer.co.uk

Veteran barrister disbarred for ‘recklessly misleading’ tribunal – Legal Futures

Posted January 31st, 2025 in barristers, disciplinary procedures, immigration, judicial review, news, professional conduct, tribunals by Lily

‘A veteran barrister who attempted to recklessly mislead the court and failed to provide his direct access client with a competent service has been disbarred.’

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Legal Futures, 29th January 2025

Source: www.legalfutures.co.uk