Appeal judges limit professional privilege where lives are at risk – Legal Futures

Posted August 11th, 2015 in appeals, mental health, news, nurses, privilege, restraint, solicitors by sally

‘Legal professional privilege can be qualified in the “rare circumstances” where it is necessary to impose a requirement that other people are present at discussions between lawyers and clients, the Court of Appeal has ruled.’

Full story

Legal Futures, 10th August 2015

Source: www.legalfutures.co.uk

Mental health background checks: new guidance issued by Home Office – The Guardian

‘New guidelines to be issued by the Home Office will make clear the factors that must be considered before mental health crises are disclosed in background checks made on people applying to work with vulnerable groups.’

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The Guardian, 9th August 2015

Source: www.guardian.co.uk

Lord Janner abuse proceedings to start in court – BBC News

Posted August 7th, 2015 in child abuse, elderly, evidence, mental health, news, trials by sally

‘Criminal proceedings against Lord Janner over allegations of child sexual abuse in the 1960s, 1970s and 1980s are to begin later. The Westminster Magistrates’ Court case comes after a review overturned a Crown Prosecution Service decision not to bring charges because of his dementia.’

Full story

BBC News, 7th August 2015

Source: www.bbc.co.uk

Regina v Brown (Edward) – WLR Daily

Posted August 4th, 2015 in appeals, crime, law reports, mental health, privilege, restraint, trials by sally

Regina v Brown (Edward) [2015] EWCA Crim 1328; [2015] WLR (D) 344

‘By way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, and in what was likely to be an extremely narrow band of cases, it was appropriate to impose a requirement that particular individuals could be present at discussions between an individual and his lawyers if there was a real possibility that the meeting would be misused for a purpose, or in a manner, that involved impropriety amounting to an abuse of the privilege that justified interference.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Subjective suitability – Nearly Legal

‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):

(7F) The local housing authority shall not –

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’

Full story

Nearly Legal, 2nd August 2015

Source: www.nearlylegal.co.uk

Three in four lawyers burnt out – The Lawyer

Posted July 31st, 2015 in barristers, health, legal profession, mental health, news, solicitors, statistics by sally

‘Nearly three in every four lawyers are suffering from burnout or worried about the condition, a survey of 1,000 lawyers has revealed.’
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The Lawyer, 31st July 2015

Source: www.thelawyer.com

Hundreds of UK sex abuse victims lose compensation for committing crimes – The Guardian

‘Hundreds of sexual abuse victims have had their compensation payments reduced after committing crime themselves, according to figures.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

Tenants who lack mental capacity to make decisions – Tanfield Chambers

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

Full story

Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

How mad must you be, not to be responsible for your actions? – UK Human Rights Blog

Posted July 14th, 2015 in appeals, crime, mental health, negligence, news, personal injuries by sally

‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’

Full story

UK Human Rights Blog, 14th July 2015

Source: www.ukhumanrightsblog.com

Kesia Leatherbarrow: Girl’s death not ‘preventable’, review finds – BBC News

Posted July 9th, 2015 in children, detention, mental health, news, reports, suicide, young persons by sally

‘A troubled teenager who took her own life after being held in a police cell was failed by agencies, a report found.’

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BBC News, 9th July 2015

Source: www.bbc.co.uk

Eleanor de Freitas rape case: Legal bid for new inquest – Daily Telegraph

‘Family of vulnerable 23-year-old woman who took own life after being charged with making false rape claim launch new legal bid.’

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Daily Telegraph, 9th July 2015

Source: www.telegraph.co.uk

Providing protective care to people unable to consent to treatment – Law Commission

‘The Mental Capacity Act aims to protect people who lack mental capacity but need to be deprived of liberty in order to receive appropriate care and treatment in hospitals and care homes. But the safeguards are not meaningful for disabled and older people and their families, local councils and the NHS are struggling to meet their obligations under the law, and people who live in other settings – such as supported living – are being left unprotected.’

Full story

Law Commission, 7th July 2015

Source: www.lawcom.gov.uk

The Lord Janner U-turn: what is the public interest in a trial of the act? – Crimeline

‘Yesterday’s U-turn concerning the decision to prosecute Lord Janner for alleged child sex offences has thrown a spotlight onto a procedure in English criminal law called the “trial of the act”. What is this procedure and what purpose does it serve? And why has its application to Lord Janner’s case proved controversial?’

Full story

Crimeline, 30th June 2015

Source: www.crimeline.info

Prison staff shortages contribute to suicides, report says – BBC News

‘Understaffing in prisons in England and Wales could be a factor in suicides among inmates, a review has concluded.’

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BBC News, 1st July 2015

Source: www.bbc.co.uk

Litigants in person, mental health, and relief from sanctions – Zenith PI Blog

‘An application for an extension of time to serve medical evidence by a litigant in person with a mental health disability was refused where there had been a number of breaches and considerable delay, effectivly bringing proceedings to a halt. Appeal to Court of Appeal dismissed.’

Full story

Zenith PI Blog, 26th June 2015

Source: www.zenithpi.wordpress.com

Greville Janner case: Alison Saunders faces calls to publish secret papers – Daily Telegraph

‘Alleged child abuse victims and MPs say independent review of bungled case must be made public.’

Full story

Daily Telegraph, 29th June 2015

Source: www.telegraph.co.uk

The Lord Janner U-turn is the CPS’s own fault – The Guardian

‘Between the independent reviewer and the DPP there’s no disagreement on facts, but ultimately it’s highly unlikely Janner will appear in court.’

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The Guardian, 29th June 2015

Source: www.guardian.co.uk

Sadie Jenkins given supervision order for slitting children’s throats – BBC News

‘A woman who slit the throats of two children has been given a two-year supervision order.’

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BBC News, 26th June 2015

Source: www.bbc.co.uk

Lord Janner: DPP Alison Saunders was wrong not to bring charges against peer, lawyer rules – The Independent

‘Accusations that Greville Janner, the former Labour MP, sexually abused a number of children are to be tested in court after an independent lawyer ruled the Director of Public Prosecutions (DPP) was wrong not to bring charges.’

Full story

The Independent, 28th June 2015

Source: www.independent.co.uk

Alison Saunders: My Lord Janner decision could be reversed – Daily Telegraph

‘Director of Public Prosecutions suggests she will accept the outcome of a review if her decision not to prosecute the Labour peer is overruled’

Full story

Daily Telegraph, 25th June 2015

Source: www.telegraph.co.uk