Challenges to deprivation of liberty orders in England soar by a third – The Guardian

‘Growing numbers of vulnerable people receiving care are challenging deprivation of liberty (Dol) orders that can mean they are locked up or kept under restrictive supervision.’

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The Guardian, 4th August 2024

Source: www.theguardian.com

Teachers’ regulator in England investigated after claims it has left teachers in distress – The Guardian

‘The organisation responsible for regulating teachers in England is being investigated by the Department for Education after allegations of misconduct by staff, and teachers left in distress after lengthy inquiries.’

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The Guardian, 3rd August 2024

Source: www.theguardian.com

Coroner warns Met failures leading to murder of Zara Aleena could happen again – The Guardian

Posted August 2nd, 2024 in coroners, inquests, murder, news, offensive weapons, police, probation, recidivists, stalking by michael

‘In a report addressed to the home secretary, the justice secretary, Met commissioner Mark Rowley and others, East London area coroner Nadia Persaud warned that similar deaths would occur unless services improved.’

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The Guardian, 2nd August 2024

Source: www.theguardian.com

Salon owner ‘exhausted’ by legal battle with L’Oréal – BBC News

Posted August 2nd, 2024 in intellectual property, news, trade marks by michael

‘The French firm is opposing Rebecca Dowdeswell’s attempt to renew the trademark on the name of her business – nkd – in Leicester city centre.’

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BBC News, 2nd August 2024

Source: www.bbc.co.uk

Face of British army recruitment drive wins payout for racist and sexist abuse – The Guardian

‘A former soldier who appeared on recruitment posters for the British army has received a settlement and an apology after taking it to an employment tribunal over the racist and sexist abuse she was subjected to during her career.’

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The Guardian, 2nd August 2024

Source: www.theguardian.com

Juror swears oath on river in legal first – BBC News

Posted August 2nd, 2024 in environmental health, environmental protection, juries, news, water by michael

‘Paul Powlesland was not far off quoting Shakespeare when he became probably the first juror in history to swear a legal oath on a river.’

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BBC News, 2nd August 2024

Source: www.bbc.co.uk

Obstruction of the highway – Local Government Lawyer

Posted August 2nd, 2024 in licensing, local government, news, roads, statutory duty by michael

‘Highway authorities have a statutory duty to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority (Section 130 of the Highways Act 1980) and part of this statutory duty is to try to prevent obstruction of highways.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

Green light for billionaire to challenge law firm’s £13m fees – Legal Futures

Posted August 2nd, 2024 in appeals, costs, fees, law firms, news, solicitors by michael

‘The Court of Appeal has upheld a decision that none of the 79 invoices worth nearly £13m received by a billionaire businessman over six years were statutory bills, meaning they remain open for challenge.’

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Legal Futures, 2nd August 2024

Source: www.legalfutures.co.uk

Why did a judge name Southport stabbing suspect Axel Rudakubana?

Posted August 2nd, 2024 in anonymity, children, judges, murder, news, public interest, public order, young offenders by michael

‘Under Section 49 of the Children and Young Persons Act 1933, minors facing criminal charges have an automatic right to anonymity in a youth court. Judges will also impose reporting restrictions for most cases heard in an adult court if the defendant is under 18.’

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The Independent, 1st August 2024

Source: www.independent.co.uk

Senior police officer who tackled violence against women fired for ‘punching two women’ – The Independent

‘A panel concluded on Wednesday that the officer’s behaviour in May last year constituted gross misconduct. He has been dismissed and placed on the barred list (banned from policing)’

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The Independent, 1st August 2024

Source: www.independent.co.uk

Serial killer Levi Bellfield blocked from having civil partnership – The Guardian

Posted August 2nd, 2024 in civil partnerships, human rights, imprisonment, legal aid, marriage, murder, news, prisons by michael

‘The serial killer Levi Bellfield has been blocked from having a civil partnership, after a new law came into force stopping the most serious offenders getting married behind bars.’

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The Guardian, 2nd August 2024

Source: www.theguardian.com

‘My rapist is now my stalker’: Woman blames years of police errors – BBC News

‘A woman who says she was raped in 2017 has described the criminal justice system as “absolutely broken” after a series of problems and errors allowed the accused man to allegedly start stalking her.’

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BBC News, 2nd August 2024

Source: www.bbc.co.uk

Headteacher paid damages in disability discrimination case against Ofsted – The Guardian

‘A primary school headteacher with multiple sclerosis (MS) has been paid damages in a landmark disability discrimination case against Ofsted, after her request to postpone an inspection over a relapse in her symptoms was refused.’

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The Guardian, 1st August 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted August 1st, 2024 in law reports by sally

Court of Appeal (Civil Division)

Hamilton v Barrow & Anor [2024] EWCA Civ 888 (31 July 2024)

PC, Re [2024] EWCA Civ 895 (31 July 2024)

Banca Generali SPA v Sovereign Credit Opportunities SA & Anor [2024] EWCA Civ 886 (31 July 2024)

Financial Conduct Authority v Seiler & Anor [2024] EWCA Civ 852 (30 July 2024)

High Court (Administrative Court)

Syed v Government of Switzerland & Anor [2024] EWHC 1959 (Admin) (31 July 2024)

Steyn, R (On the Application Of) v Office of Communications [2024] EWHC 2028 (Admin) (31 July 2024)

KT, R (On the Application Of) v University of Reading [2024] EWHC 2003 (Admin) (31 July 2024)

HM Senior Coroner for the County of the East Riding of Yorkshire And the City of Hull v HM Assistant Coroner for the County of the East Riding of Yorkshire And the City of Hull [2024] EWHC 2007 (Admin) (31 July 2024)

High Court (Chancery Division)

Barclays Bank Plc v Dylan & Ors [2024] EWHC 1994 (Ch) (31 July 2024)

Wells v Hornshaw & Ors [2024] EWHC 2019 (Ch) (31 July 2024)

Tonstate Group Ltd & Ors v Rosling King LLP [2024] EWHC 2005 (Ch) (31 July 2024)

High Court (Commercial Court)

FW Aviation (Holdings) 1 Ltd v Vietjet Aviation Joint Stock Company [2024] EWHC 1945 (Comm) (31 July 2024)

Global Steel Holdings Ltd v Prasan (PTC) Ltd [2024] EWHC 1968 (Comm) (31 July 2024)

IG Index Ltd v Tchenguiz [2024] EWHC 1880 (Comm) (31 July 2024)

J Robbins Capital Partners Ltd v Zamsort Ltd & Ors [2024] EWHC 1990 (Comm) (31 July 2024)

High Court (Family Division)

AA v ZZ (Rev1) [2024] EWHC 2008 (Fam) (31 July 2024)

A v K (Appeal: Fact Finding: PD12J) [2024] EWHC 1981 (Fam) (31 July 2024)

A v M & Ors [2024] EWHC 2020 (Fam) (31 July 2024)

High Court (Patents Court)

R2 Semiconductor, Inc v Intel Corporation (UK) Ltd & Anor [2024] EWHC 1974 (Pat) (31 July 2024)

High Court (King’s Bench Division)

Adams & Ors v Ministry of Defence [2024] EWHC 1966 (KB) (31 July 2024)

Graham v Fidelidade – Companhia De Seguros SA [2024] EWHC 2010 (KB) (31 July 2024)

Ansari v Commissioner of Police of the Metropolis & Ors [2024] EWHC 2006 (KB) (31 July 2024)

Hijazi v Yaxley-Lennon [2024] EWHC 1991 (KB) (30 July 2024)

High Court (Technology and Construction Court)

Bell Building Ltd v TClarke Contracting Ltd [2024] EWHC 1929 (TCC) (25 July 2024)

Source: www.bailii.org

Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal

‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’

Full Story

Nearly Legal, 28th July 2024

Source: nearlylegal.co.uk

England postpones decision on proposed non-party access to court documents rule – OUT-LAW.com

Posted August 1st, 2024 in civil procedure rules, consultations, costs, documents, news by sally

‘A highly anticipated decision by the Civil Procedure Rule Committee (CPRC) on non-party access to court documents in England and Wales has been postponed following a large volume of responses to a consultation on its proposed plans.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

Supreme Court confirms no tax deductions on costs associated with disposal of a business – OUT-LAW.com

Posted August 1st, 2024 in appeals, company law, corporation tax, news, Supreme Court, taxation by sally

‘Tax deductions were not available for professional fees incurred by an investment company once a decision to sell a business it held had been made, because they were expenses of a capital nature even though they are accepted to have been expenses of management, the UK’s highest court has ruled.’

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OUT-LAW.com, 31st July 2024

Source: www.pinsentmasons.com

Solicitors hit out at FCA over car finance mis-selling delay – Legal Futures

‘Solicitors representing clients with claims for mis-sold car finance have expressed frustration at the Financial Conduct Authority’s (FCA) delay in completing its work on the issue.’

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Legal Futures, 1st August 2024

Source: www.legalfutures.co.uk

The Automated Vehicles Bill has completed its passage through Parliament and received royal assent – Law Commission

‘In January 2022, the Law Commission published a joint report with the Scottish Law Commission with their recommendations for legal reform around automated vehicles and how they could safely and responsibly be introduced on GB roads and public places. The Automated Vehicles Bill was laid before Parliament and the Scottish Parliament. On Monday 20 May 2024, the Government announced the Automated Vehicles (AV) Act received royal assent. This is based on the joint recommendations made by the Law Commission of England and Wales and the Scottish Law Commission.’

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Law Commission, 31st July 2024

Source: lawcom.gov.uk

A View from The President’s Chambers: July 2024 – Courts & Tribunals Judiciary

Posted August 1st, 2024 in children, families, family courts, judges, news by sally

‘A View from The President’s Chambers: July 2024.’

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Courts & Tribunals Judiciary, 31st July 2024

Source: www.judiciary.uk