Managers: Unknown to the Building Safety Act? – Falcon Chambers

Posted April 3rd, 2025 in news by sally

‘Decisions from the Tribunals have shown that when there are entities which manage buildings without owning any legal estate in them, some parties do not fit neatly into the relevant definitions in the Building Safety Act 2022.’

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Falcon Chambers, 27th March 2025

Source: www.falcon-chambers.com

Legal education and legal theory: the determined province of jurisprudence textbooks – The Law Teacher

Posted April 3rd, 2025 in news by sally

‘This article looks at the lessons about law, justice and morality conveyed by jurisprudence textbooks published and sold in the UK. Through a detailed statistical analysis of which legal theories appear and the depth in which they are covered, it shows that these textbooks by and large have a standard content. Based on this analysis, the article argues that this canonical content fails to fulfil the full potential legal theory offers in enabling students to gain a comprehensive and critical understanding of the law they study, and to prepare them for the value choices they might need to make in practice. In particular, it argues that the focus of the theories and jurisprudential issues discussed fails to sufficiently challenge the view of law as a valuable protector of individual freedom and as applying more or less in the way portrayed in the book. In fact, a detailed analysis of the way jurisprudential content is structured and presented through various rhetorical techniques suggests that in some cases textbook content stems from subconscious or even conscious political choices about what law students should learn. But whether this is the case or not, it can be concluded that there is a need for jurisprudence textbooks to diversify and rethink their focus and emphasis in the theories and issues they cover if they are going to fulfil their potential as an essential form of legal education.’

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The Law Teacher, 19th March 2025

Source: www.tandfonline.com

Principles applying to the recovery of CFA uplifts (AKS (a protected party) v National Farmers Union Mutual Insurance Society Limited) – Gatehouse Chambers

Posted April 3rd, 2025 in news by sally

‘Where a solicitor represents a protected party, the Court, subject to certain exceptions (CPR 46.4(3) and Practice Direction 46 at paragraph 2.1 – inapplicable on the facts of this case) must assess the costs payable by that protected party to that party’s own solicitor out of their damages: CPR 46.4(2)(a). The costs will be assessed in accordance with the indemnity principle as is usual for a client-solicitor assessment: see CPR 46.9.’

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Gatehouse Chambers, 27th March 2025

Source: gatehouselaw.co.uk

Competing Article 8 rights to family life for siblings in a decision on adoption: O & G & L [2025] EWFC 21 (B) – Pump Court Chambers

Posted April 3rd, 2025 in news by sally

‘The Local Authority’s application concerned three children: O (age 9), G (age 3) and L (age 1). M had two older children, T who was living independently in supported accommodation, and Ta who was living with her father. At the time of the Final Hearing all three children were in separate foster placements.’

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Pump Court Chambers, 31st March 2025

Source: www.pumpcourtchambers.com

Legal aid for victims of trafficking – Administrative Court Blog

Posted April 3rd, 2025 in news by sally

‘When must legal aid be provided to trafficking victims seeking compensation from the state relating to their ill treatment? This was the question for Calver J in R (HJK and Others) v Director of Legal Aid Casework [2025] EWHC 774 (Admin) (1 April 2025). The four claimants in this case were each victims of criminal trafficking. Since 2012, trafficking victims have been eligible to make a claim for compensation under the Criminal Injuries Compensation Scheme. Each of the four claimants applied for legal aid for assistance with their applications, but each application was denied (in fact, each claimant had their applications denied twice, after the defendant re-made decisions following review requests). The claimants sought judicial review of these refusals, and asked the High Court to declare that they were unlawfully made.’

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Administrative Court Blog, 1st April 2025

Source: administrativecourtblog.wordpress.com

Axel Rudakubana and the Southport stabbings: The obsession with redefining terrorism and extremism is not the answer – Doughty Street Chambers

Posted April 3rd, 2025 in news by sally

‘Three days ago, the head of the Prevent counter-terrorism scheme left his role following a review into failings that led to the Southport stabbings on 29 July 2024.’

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Doughty Street Chambers, 1st April 2025

Source: insights.doughtystreet.co.uk

‘We thought we could change the world’: how an idealistic fight against miscarriages of justice turned sour – The Guardian

Posted April 3rd, 2025 in news by sally

‘When a no-nonsense lecturer set up a radical solution to help free the wrongfully convicted in the UK, he was hopeful he could change the justice system. But what started as a revolution ended in acrimony.’

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The Guardian, 3rd April 2025

Source: www.theguardian.com

MPs’ attacks on judges a huge threat to the rule of law, says attorney general – The Guardian

Posted April 3rd, 2025 in news by sally

‘Political attacks on judges are “dangerous” and “a huge threat to the rule of law and the independence of the judiciary”, the attorney general has said in a direct rebuke to the shadow justice secretary.’

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The Guardian, 2nd April 2025

Source: www.theguardian.com

Discrimination that ‘arises from’ or is ‘related to’ belief – No. 5 Chambers

Posted April 3rd, 2025 in news by sally

‘There is no overt reference in the Equality Act 2010 to the protection that exists (per Article 9.1 ECHR) for those seeking to manifest (in some way) their religion/belief. In light of the recent decision in Higgs v. Farmor’s School [2025] EWCA Civ 109 the question arises: is it time for a new form of religious/belief discrimination, equivalent to the protection that is provided to those with a disability pursuant to s.15 EqA 2010?’

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No. 5 Chambers, 31st March 2025

Source: www.no5.com

Did you miss? Adverse possession – Schedule 6 LRA 2002 – ‘reasonable belief’-10-year period – Gatehouse Chambers

Posted April 3rd, 2025 in news by sally

‘The respondent (B) had been the registered proprietor of an area of land since September 2002. The appellants (Rs) had been the registered proprietors of adjoining land since July 2004. A dispute arose between them over a strip of land that formed part of B’s registered title but had been used by Rs as part of their garden and, later, for the erection of a new property.’

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Gatehouse Chambers, 25th March 2025

Source: gatehouselaw.co.uk

Father who shook eight-week-old daughter jailed for her murder after she succumbed to injuries six years later – The Independent

Posted April 3rd, 2025 in news by sally

‘Father who shook eight-week-old daughter jailed for her murder after she succumbed to injuries six years later
A “volatile” father whose eight-week-old daughter was left profoundly disabled after he fractured her skull has been jailed for life with 17 years for her murder after she died from her injuries six years later.’

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The Independent, 2nd April 2025

Source: www.independent.co.uk

The Pensions Trust litigation: What’s it all about? – Pensions Barrister

Posted April 3rd, 2025 in news by sally

‘Paul Newman KC explains the issues arising in the recent The Pensions Trust trial, which will be of general interest to the profession. The trial finished last week and judgment is expected in due course.’

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Pensions Barrister, 3rd April 2025

Source: www.pensionsbarrister.com

Woman who violently shook baby daughter guilty of manslaughter – The Guardian

Posted April 3rd, 2025 in news by sally

‘A woman has been found guilty of the manslaughter of her four-month-old daughter, who died after being violently shaken.’

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The Guardian, 2nd April 2025

Source: www.theguardian.com

Old Etonian jailed for 24 years after trying to throw estranged partner down a well following row on car journey – The Independent

Posted April 3rd, 2025 in news by sally

‘An Old Etonian who tried to murder his former partner by throwing her down a disused well at his family’s country estate has been jailed for 24 years.’

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The Independent, 2nd April 2025

Source: www.independent.co.uk

Parental consent to the confinement of younger children – again – Mental Capacity Law and Policy

Posted April 3rd, 2025 in news by sally

‘The vexed question of whether and under what circumstances parents can consent to (or otherwise authorise) the confinement of children under 16 came before HHJ Burrows (sitting as a High Court judge) in QX (Parental Consent for Deprivation of liberty: Children under 16) [2025] EWHC 745 (Fam).’

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Mental Capacity Law and Policy, 3rd April 2025

Source: www.mentalcapacitylawandpolicy.org.uk

An unfortunate admission – St John’s Chambers

Posted April 2nd, 2025 in news by sally

‘In this article Sophie Howard and Julian Horne, of our Personal Injury team, set out the legal principles and practical considerations in making or responding to an application to withdraw an admission, and offer some words of caution. They also discuss applications to withdraw admissions of liability in claims that initially appear to be within the Portal limit, but where the value of the claim later increases significantly.’

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St John's Chambers, 7th March 2025

Source: www.stjohnschambers.co.uk

Enforcing Injunction Orders: The Role of Civil Procedure Rule 70.2A in Tackling Disobedience – St Philips Barristers

Posted April 2nd, 2025 in news by sally

‘Amanprit Kaur provides a practical example of how CPR 70.2A can be a powerful tool to enforce injunction orders against disobedient parties in the context of boundary disputes.’

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St Philips Barristers, 19th March 2025

Source: st-philips.com

Poultry and Pollution: The National Farmers’ Union v Herefordshire Council & Ors [2025] EWHC 536 (Admin) – Francis Taylor Building

Posted April 2nd, 2025 in news by sally

‘On 10 March 2025, the High Court dismissed a challenge to the Herefordshire Minerals and Waste Local Plan (“the MWLP”) brought by the National Farmers’ Union (“the NFU”). Whilst the immediate impact of the decision will primarily affect livestock production in Herefordshire, the Court’s conclusions on the meaning of “waste” is likely to have wider implications for the agricultural sector more generally.’

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Francis Taylor Building, 18th March 2025

Source: www.ftbchambers.co.uk

Falling behind the PACE: lie detectors, policing and lack of foreseeability – an FOI-based study – Legal Studies

Posted April 2nd, 2025 in news by sally

‘Despite its contested scientific validity, polygraph interviewing is now an established yet opaque practice within criminal justice in England and Wales, with statute law covering polygraph use in the context of probation for released offenders. In this paper, we highlight non-statutory uses of the polygraph by police forces in England and Wales by presenting analysis of responses to freedom of information (FOI) requests. The boundaries around police polygraph use are undefined and potentially elastic. The policies disclosed state that polygraph interviewing is conducted with regard to the Police and Criminal Evidence Act 1984 (PACE) and the Human Rights Act 1998; yet it is denied that a polygraph examination is a criminal interview conducted under PACE. Furthermore, there is a significant risk that the common law may not satisfy the quality of law requirement insofar as it is insufficiently clear who will be subject to polygraph testing, why and in what circumstances. Therefore, we argue that the legal basis for the police’s use of the polygraph is inadequate and imprecise. Without openness and scrutiny regarding the extent of this use, it is difficult to see how the key human rights principle of foreseeability can protect citizens from the risk of arbitrariness.’

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Legal Studies, 6th February 2025

Source: www.cambridge.org

Car firms fined for withholding recycling information – BBC News

Posted April 2nd, 2025 in news by sally

‘Ten carmakers and two industry groups have been fined a combined total of nearly £78m for withholding information about vehicle recycling.’

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BBC News, 1st April 2025

Source: www.bbc.co.uk