Category: news

Why didn’t police prosecute ‘brutal’ abuser linked to Church of England? – BBC News

Posted November 18th, 2024 in abuse of position of trust, charities, child abuse, children, Church of England, news, police, prosecutions, sexual offences by tracey

‘John Smyth’s death in 2018 meant an “appalling abuser” associated with the Church of England escaped justice for crimes stretching back decades. Smyth used his role in a Christian charity to assault over 100 children and young men – and the Archbishop of Canterbury resigned after being criticised in a scathing report earlier this month. Now, an advocate for the victims of John Smyth tells the BBC the police were not “sufficiently curious” when told about him.’

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BBC News, 17th November 2024

Source: www.bbc.co.uk

Man detained under Mental Health Act after two fatal stabbings in Manchester – The Guardian

Posted November 18th, 2024 in detention, mental health, murder, news by tracey

‘A man in his 20s has been arrested on suspicion of a double murder after two men were fatally stabbed in Manchester. The 23-year-old suspect has been detained under the Mental Health Act after being assessed by medical professionals, Greater Manchester Police said on Sunday evening.’

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The Guardian, 17th November 2024

Source: www.theguardian.com

Security guard sues Science Museum for allegedly denying suitable chair – The Guardian

Posted November 18th, 2024 in cancer, disability discrimination, disabled persons, employment, employment tribunals, equality, news by tracey

‘A cancer survivor with chronic health problems is suing one of the UK’s most prestigious museums for discrimination for allegedly denying her a suitable chair to sit on when she is at work.’

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The Guardian, 17th November 2024

Source: www.theguardian.com

Revealed: Record number of ex-offenders charged with serious new crimes while on probation – The Independent

Posted November 18th, 2024 in criminal justice, early release, Ministry of Justice, news, prisons, probation, recidivists, statistics by tracey

‘The number of ex-offenders charged with committing serious crimes while on probation has surged by a third to hit a grim new record, the latest figures show.’

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The Independent, 17th December 2024

Source: www.independent.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

Posted November 15th, 2024 in appeals, children, families, female genital mutilation, human rights, immigration, news, Supreme Court by sally

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Privilege series part 1: Privilege in shareholder disputes – is change afoot? – Kingsley Napley Immigration Blog

Posted November 15th, 2024 in chambers articles, dispute resolution, news, privilege, shareholders by sally

‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’

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Kingsley Napley Immigration Blog, 14th November 2024

Source: www.kingsleynapley.co.uk

Some issues in the law of adverse possession: The problem of multiple squatters – Falcon Chambers

Posted November 15th, 2024 in adverse possession, chambers articles, news, squatting by sally

‘Exclusive possession, we are told, is single and indivisible. The mere fact of possession (as opposed to a vested right to possess in the form of a fee simple or a lease) generates a title in English law generates a form of title which can be vindicated in the English courts against anyone with a relatively weaker title: Asher v Whitlock (1865) L.R. 1 Q.B. 1, which has in recent times (somewhat controversially) been extended to licensees whose interests amount to something less than an estate in land but whose cumulative rights look like possession: Manchester Airport v Dutton [2000] 1 Q.B. 133.’

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Falcon Chambers, 31st October 2024

Source: www.falcon-chambers.com

Campaigners eye second legal challenge over traffic regulation order – Local Government Lawyer

Posted November 15th, 2024 in local government, news, roads by sally

‘Work is progressing on a bus gate project in Cambridge despite campaign group Friends of Mill Road Bridge 2 threatening further legal action over what it said was a decision taken for an improper financial motive.’

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Local Government Lawyer, 13th November 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court breathes new life into “equitable rectification” – Pensions Barrister

Posted November 15th, 2024 in appeals, employment, employment tribunals, news, pensions, rectification, Supreme Court, trade unions by sally

‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’

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Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

Andrew Malkinson says he has been ‘left to rot’ after wrongful conviction quashed – The Guardian

Posted November 15th, 2024 in appeals, benefits, compensation, criminal justice, Ministry of Justice, miscarriage of justice, news by sally

‘Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation.’

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The Guardian, 14th November 2024

Source: www.theguardian.com

Review of litigation funding in England leads to consultation on future regulation – OUT-LAW.com

Posted November 15th, 2024 in civil justice, consultations, news, third parties by sally

‘Businesses with experience of third-party litigation funding (TPF) in England and Wales have the chance to respond to a government-backed consultation and help shape the future regulation of this market.’

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OUT-LAW.com. 14th November 2024

Source: www.pinsentmasons.com

Tory pair backed ‘rushed and misjudged’ asylum site purchase, watchdog says

Posted November 15th, 2024 in asylum, government departments, immigration, news, select committees by sally

‘Leading Tories Robert Jenrick and Oliver Dowden were on the committee that backed plans for the “rushed and misjudged” £15m purchase of an asbestos-ridden site for asylum accommodation, Whitehall’s spending watchdog has disclosed.’

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The Guardian, 15th November 2024

Source: www.theguardian.com

FCA urges Supreme Court to act quickly over car finance mis-selling – Legal Futures

Posted November 15th, 2024 in appeals, consumer credit, consumer protection, news, Supreme Court by sally

‘The Financial Conduct Authority (FCA) is to ask the Supreme Court to make a quick decision on whether it will hear the appeal against the recent decision on car finance mis-selling.’

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Legal Futures, 14th November 2024

Source: www.legalfutures.co.uk

Talking Pensions Ep20: Dame Jane Newell – Pensions Barrister

Posted November 14th, 2024 in barristers, news, pensions, podcasts, trusts by sally

‘In the latest episode (recorded in June 2024), Paul talks to Dame Jane Newell, former Chair of the Maxwell Pensioners Trust and former Chair of the Royal Mail, John Lewis and United Utilities pension schemes. They discuss the work involved in recovering funds for Maxwell pensioners, Jane’s long experience of independent pension trusteeship, and her involvement in the Pensions Archive Trust.’

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Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

Louise Haigh issues train operator warning over using courts to chase fares – The Independent

Posted November 14th, 2024 in criminal justice, government departments, news, railways, transport by sally

‘Transport secretary Louise Haigh has issued a warning to train operators over prosecuting passengers for ticketing errors, as she labelled the system “far too complicated”.’

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The Independent, 13th November 2024

Source: www.independent.co.uk

A new Cafcass Domestic Abuse Practice Policy – Becket Chambers

Posted November 14th, 2024 in chambers articles, children, codes of practice, domestic violence, families, family courts, news, victims by sally

‘On 9th October 2024 Cafcass published a new policy document that outlines what actions ‘practitioners’ (Family Court Advisers and Guardians) and their managers should undertake when working with children and adults who have experienced domestic abuse. The policy is a direct response to the 2020 Harm Panel report and it sets out a clear intention of further protecting child and adult victims of domestic abuse.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

The Building Safety Act: Update October 2024 – Falcon Chambers

Posted November 14th, 2024 in building law, chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Welcome to our latest post on the BSA 2022, covering some of the current talking points in this area, from the amendments to the BSA made by the Leasehold and Freehold Reform Act 2024, various of which will commence this week on 31 October 2024, to a selection of the issues arising in the recent cases.’

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Falcon Chambers, 28th October 2024

Source: www.falcon-chambers.com

Makin Review: Summary of Recommendations – Law & Religion UK

Posted November 14th, 2024 in abuse of position of trust, child abuse, Church of England, news, reports, sexual offences, young persons by sally

‘The independent review led by Keith Makin into the Church of England’s handling of allegations of serious abuse by the late John Smyth was published on 7 November 2024. The 253-page Review includes eight Key Recommendations [Review paragraph numbers in black] and twenty seven Specific Recommendations directed at particular concerns.’

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Law & Religion UK, 14th November 2024

Source: lawandreligionuk.com

Mental Capacity Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in bills, chambers articles, Court of Protection, deprivation of liberty safeguards, health, mental health, news by tracey

‘Mental Capacity Report – November 2024’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com

Practice and Procedure Report – November 2024 – 39 Essex Chambers

Posted November 14th, 2024 in chambers articles, costs, Court of Protection, news by tracey

‘In the Practice and Procedure Report: costs and delay and capacity in cross-border cases.’

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39 Essex Chambers, 1st November 2024

Source: www.39essex.com