14/02/2025 – Current Awareness

Prosecution for Possession of a Bladed Article Stayed as Abuse of Process – Drystone Chambers

Posted February 14th, 2025 in abuse of process, chambers articles, criminal justice, news, offensive weapons, police, stay of proceedings, stop and search by Lily

‘The defendant, an 18-year-old with no previous convictions or contact with the police, was charged after being stopped and searched at Notting Hill Carnival in August 2023, where he was found in possession of a lock knife. The defendant, who was preparing to begin university in September 2023, was remorseful and had admitted to carrying the knife following discussions about receiving a caution as a form of out of court disposal.’

Drystone Chambers, 13th February 2025

Source: www.drystone.com

Court of Appeal adopts intervener’s submissions in Higgs v Farmor’s School and upholds guidance provided by the EAT in landmark case of manifestation of religion and belief – Cloisters Chambers

Posted February 14th, 2025 in appeals, Church of England, employment, employment tribunals, equality, gender, news, religious discrimination, unfair dismissal by Lily

‘The Court of Appeal has today upheld the guidance provided by the EAT, that was proposed by Sarah Fraser Butlin KC for the Archbishops’ Council, in a major decision concerning the question of how courts and tribunals should approach religious or philosophical belief discrimination cases concerning the manifestation of belief – when people are treated less favourably because they have done or said something expressing their protected beliefs. The guidance will be of real practical assistance to employers and employees.’

Cloisters Chambers, 12th February 2025

Source: www.cloisters.com

Non disclosure and adverse inferences – Becket Chambers

Posted February 14th, 2025 in chambers articles, disclosure, divorce, families, financial dispute resolution, financial provision, news by Lily

‘A common complaint of parties to financial remedy proceedings is they are often dissatisfied with the level of disclosure provided by their former spouse. In practical terms, what can a Court realistically do? Much depends on the nature of any non-disclosure. Sadly, it is fairly common for spouses to try to hide assets or evade disclosing them. Whilst it happens all too frequently, it does not mean we should turn a blind eye to it and just accept it is happening. This article provides some practical tips to maximise the power of the adverse inference.’

Becket Chambers, 10th February 2025

Source: becket-chambers.co.uk

Man cons council out of £710k in ‘Greggs’ swindle – BBC News

Posted February 14th, 2025 in coronavirus, fraud, loans, news by Lily

‘Aftab Baig, 47, made fraudulent small business grant claims from Leeds City Council against 32 properties which were branches of the firm during the coronavirus pandemic in May 2020. Baig, who had no links to Greggs and was not employed by the company, was eventually caught out and all but £90,000 was later returned to the council. At Leeds Crown Court on Wednesday, Baig, of Paisley Road West, Glasgow, was found guilty of three counts of fraud and is due to be sentenced at the same court on 31 March.’

BBC News, 14th February 2025

Source: www.bbc.co.uk

CAP update shows complexity of UK ‘less healthy’ food and drink advertising ban – OUT-LAW.com

Posted February 14th, 2025 in advertising, codes of practice, consultations, food, health, media, news by Lily

‘The Committee of Advertising Practice’s (CAP) update regarding media restrictions on advertisements for “less healthy” food and drinks products reveals the complexity of the issues to be considered by stakeholders, an expert has said.’

OUT-LAW.com, 13th February 2025

Source: www.pinsentmasons.com

UK slot machine operator fined over cancer patient’s activity – The Guardian

Posted February 14th, 2025 in cancer, duty of care, fines, gambling, news by Lily

‘A high street slot machine operator has been fined almost £100,000 by the gambling regulator after the Guardian revealed how staff allegedly exploited a vulnerable cancer patient.’

The Guardian, 13th February 2025

Source: www.theguardian.com

Man shot by police was lawfully killed, jury finds – BBC News

Posted February 14th, 2025 in firearms, inquests, news, offensive weapons, ombudsmen, police, professional conduct, unlawful killing by Lily

‘A man who was fatally shot by armed officers after entering a police station car park holding a knife and a bag with a cat inside was lawfully killed, an inquest has found.’

BBC News, 13th February 2025

Source: www.bbc.co.uk

Qatari royal loses lawsuit after bitter fight over 17th century Idol’s Eye diamond – The Independent

Posted February 14th, 2025 in artistic works, dispute resolution, news by Lily

‘A high court ruling has been made in a bitter dispute between branches of the Qatari royal family over a 17th century diamond worth millions of pounds.’

The Independent, 13th February 2025

Source: www.independent.co.uk

DWP confirms 57,000 benefit claimants will get compensation after court ruling – The Independent

Posted February 14th, 2025 in benefits, class actions, compensation, disabled persons, government departments, news by Lily

‘The Department for Work and Pensions (DWP) has confirmed that tens of thousands of benefit claimants can expect to receive significant compensation after several major court battles.’

The Independent, 14th February 2025

Source: www.independent.co.uk

Most academy leaders in England say new bill will not affect school management – The Guardian

Posted February 14th, 2025 in bills, education, government departments, news, teachers by Lily

‘The majority of academy leaders in England say the government’s new schools bill will not affect how they manage their schools, according to a new survey of multi-academy trust chief executives.’

The Guardian, 14th February 2025

Source: www.theguardian.com

New sentencing guidelines for blackmail, kidnap and false imprisonment offences – Sentencing Council

Posted February 14th, 2025 in blackmail, consultations, criminal justice, false imprisonment, judiciary, kidnapping, news, sentencing by Lily

‘The Council has published two new guidelines for sentencing offenders convicted of: blackmail, and kidnap or false imprisonment. The new guidelines are the first for these serious offences. They have been developed through consultation to help judges sentence the wide range of offending covered by cases of blackmail, kidnap or false imprisonment. The new guidelines apply to adults sentenced in England and Wales and will come into effect on 1 April 2025.’

Sentencing Council, 12th February 2025

Source: www.sentencingcouncil.org.uk

Bed blocking, possession orders and discharge planning – Local Government Lawyer

Posted February 14th, 2025 in autism, health, hospitals, local government, mental health, news, repossession by Lily

‘The recent case of Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 spotlights the pressing issue of “bed-blocking” in NHS hospitals. In May 2024, over 12,000 patients in England were in hospital who no longer needed to be there, yet remained in hospital, often due to care planning delays. The Judge in this case, HHJ Tindal, gave legal and practical guidance in the form of a checklist for hospitals seeking possession in relation to patients whose refusal to leave hospital is not thought to be affected by mental health or mental capacity issues.’

Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Judge quashes grant of planning permission for extension of holiday park over failure to give adequate reasons – Local Government Lawyer

Posted February 14th, 2025 in holidays, local government, news, planning by Lily

‘The Planning Court has quashed the grant of planning permission for a multi-million pound extension of a caravan park, following a legal challenge brought by local residents.’

Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

School employee wins Court of Appeal battle over dismissal for Facebook posts on teaching of “gender fluidity” – Local Government Lawyer

Posted February 14th, 2025 in appeals, employment, employment tribunals, equality, gender, local government, news, religious discrimination, unfair dismissal by Lily

‘The Court of Appeal has allowed an appeal from a Christian school employee who was dismissed because she posted messages on her personal Facebook account opposing the teaching in schools, and in particular primary schools, of “gender fluidity” and that same-sex marriage is equivalent to marriage between a man and a woman.’

Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

High Court judge rejects legal challenge by council over Ombudsman report in nursery fees case – Local Government Lawyer

Posted February 14th, 2025 in fees, interpretation, judicial review, local government, maladministration, news, ombudsmen by Lily

‘The High Court has dismissed a council’s application for judicial review against the Local Government and Social Care Ombudsman (LGO) over a report that upheld a complaint of maladministration against the local authority in a nursery school fees case.’

Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer

Posted February 14th, 2025 in appeals, Court of Protection, deprivation of liberty safeguards, disabled persons, local government, mental health, news by Lily

‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’

Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Supreme Court quashes extradition of trader in ‘landmark’ judgment – Law Society’s Gazette

Posted February 14th, 2025 in appeals, extradition, insider dealing, news, statutory interpretation, Supreme Court by Lily

‘The extradition to the US of a man accused of insider trading has been quashed by the Supreme Court in a “landmark judgment” after the court itself granted permission to appeal.The appeal centred on the definition of an “extradition offence” and the operation of the double criminality rule in section 137 of the Extradition Act 2003.’

Law Society's Gazette, 13th February 2025

Source: www.lawgazette.co.uk

Categories

Archives