Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act – Local Government Lawyer

‘The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.’

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Local Government Lawyer, 31st August 2021

Source: www.localgovernmentlawyer.co.uk

New training needed for police after children and mentally ill people Tasered, watchdog warns – The Independent

‘Police must be trained to use Tasers only when “absolutely necessary”, a watchdog has said after a review found the weapons were being used against children and mentally ill people.’

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The Independent, 26th August 2021

Source: www.independent.co.uk

Families urge ban on English police Taser use against people in distress – The Guardian

Posted August 26th, 2021 in mental health, news, police, weapons by sally

‘The families of people who died after being Tasered by police in England have called for a ban on the use of electrical weapons against people in mental health crises.’

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The Guardian, 25th August 2021

Source: www.theguardian.com

PDS employee dismissed after work with murderer awarded £100k – Legal Futures

‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’

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Legal Futures, 23rd August 2021

Source: www.legalfutures.co.uk

Police powers: detention and custody – House of Commons Library

Posted August 20th, 2021 in custody, detention, investigatory powers, mental health, news, parliament, police by sally

‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’

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House of Commons Library, 19th August 2021

Source: commonslibrary.parliament.uk

Coroner in Plymouth gunman case requests review of weapons licensing – The Guardian

Posted August 20th, 2021 in coroners, firearms, inquests, licensing, mental health, murder, news, offensive weapons by sally

‘The coroner overseeing the case of the Plymouth gunman, Jake Davison, who killed his mother and four other people, has asked a watchdog to examine whether changes to weapons licensing have been made since a man shot dead three women in the north of England almost 10 years ago.’

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The Guardian, 19th August 2021

Source: www.theguardian.com

Mental health crisis ends in cells for too many, snapshot suggests – BBC News

Posted August 20th, 2021 in custody, detention, hospitals, mental health, news, police, statistics by sally

‘Up to 4,500 people in mental health crisis were unlawfully held in police custody in England and Wales in a year, previously unpublished data suggests.’

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BBC News, 20th August 2021

Source: www.bbc.co.uk

Woodmancote shootings: Twin’s gun law anger after family deaths – BBC News

Posted August 19th, 2021 in firearms, homicide, licensing, mental health, news by sally

‘A man thought to have shot his partner and daughters before killing himself was given a gun licence despite police knowing he had failed to disclose mental health issues and a conviction.’

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BBC News, 18th August 2021

Source: www.bbc.co.uk

Coercive control: Male victims say they aren’t believed – BBC News

‘A man who reported his female partner to the police for coercive control has said not being taken seriously felt like another form of gaslighting.’

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BBC News, 17th August 2021

Source: www.bbc.co.uk

Coercive control: Male victims say they aren’t believed – BBC News

‘A man who reported his female partner to the police for coercive control has said not being taken seriously felt like another form of gaslighting.’

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BBC News, 17th August 2021

Source: www.bbc.co.uk

Kevin Clarke death: police watchdog reopens investigation – The Guardian

‘The Independent Office for Police Conduct (IOPC) has reopened its investigation into the circumstances surrounding the death of Kevin Clarke, a mentally ill black man who could be heard saying the words “I can’t breathe” while he was being restrained by police shortly before he died.’

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The Guardian, 16th August 2021

Source: www.theguardian.com

Leeds prison punished inmates by restricting showers, report finds – The Guardian

‘Prisoners were unlawfully prevented from showering daily as punishment for poor behaviour, with shielding and self-isolating inmates also unable to do so, according to a damning report.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

‘Systematic failings’ in England’s care system as boy restrained in hospital – The Guardian

‘The “shameful” case of a violent 12-year-old boy who was detained in hospital by 15 police officers illustrates the “systemic failings” in England’s care system, according to the body representing all of England’s directors of children’s services.’

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The Guardian, 12th August 2021

Source: www.theguardian.com

Research Briefing: Police powers: detention and custody – House of Commons Library

‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’

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House of Commons Library, 3rd August 2021

Source: commonslibrary.parliament.uk

The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal

‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’

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Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Judge raps NHS England and mental health trusts over failure to provide medium secure bed for 15-year-old girl – Local Government Lawyer

‘A Family Division judge has strongly criticised NHS England and two NHS mental health trusts over the failure to accommodate a 15-year-old girl “M” with complex needs through a medium secure tier 4 bed.’

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Local Government Lawyer, 4th August 2021

Source: www.localgovernmentlawyer.co.uk

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

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UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

Not so full and frank disclosure – Nearly Legal

Posted July 29th, 2021 in disclosure, housing, injunctions, landlord & tenant, mental health, news, nuisance by sally

‘The facts of the case followed an all too familiar format. There was a neighbour dispute between Mr Berry and two of his neighbours. Serious allegations were being made on both sides. Complaints had been made to Southern Housing Group Ltd and to the police. The police were investigating both Mr Berry and his neighbours in relation to threatening behaviour. There was evidence that both Mr Berry and his neighbour had mental health difficulties, which were being seriously exacerbated by the ongoing dispute.’

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Nearly Legal, 27th July 2021

Source: nearlylegal.co.uk