City college loses JR over Ofsted ‘good’ rather than ‘outstanding’ rating – Local Government Lawyer

‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’

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Local Government Lawyer, 25th April 2024

Source: www.localgovernmentlawyer.co.uk

Man convicted of murdering stranger in Hartlepool and trying to kill housemate – The Guardian

Posted April 26th, 2024 in asylum, attempted murder, immigration, Islam, Israel, news, war by sally

‘A 45-year-old man has been found guilty of murdering a complete stranger, telling police he wanted to kill people because of the conflict in Gaza.’

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The Guardian, 25th April 2024

Source: www.theguardian.com

Law Society calls for civil legal aid increase over unrepresented parties in family court – Law Society’s Gazette

Posted April 26th, 2024 in families, family courts, fees, Law Society, legal aid, legal representation, news by sally

‘The Law Society today expressed its ‘extreme concern’ over the increased number of litigants in person in private family law cases in the decade since the Legal Aid, Sentencing and Punishment of Offenders Act came in to force.’

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Law Society's Gazette, 26th April 2024

Source: www.lawgazette.co.uk

Laurence Fox ordered to pay £180,000 to two people he called ‘paedophiles’ – The Guardian

Posted April 26th, 2024 in damages, defamation, internet, news, racism by sally

‘The actor and rightwing activist Laurence Fox has been ordered to pay £90,000 each in damages to two people he libelled by referring to them as “paedophiles” on social media.’

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The Guardian, 25th April 2024

Source: www.theguardian.com

Bar earnings gap a “serious cultural and structural problem” – Legal Futures

‘The earnings gap between male and female barristers is not explained by caring responsibilities, choice of practice area, or amount of legally aided work”, new research by the Bar Council has found.’

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Legal Futures, 24th April 2024

Source: www.legalfutures.co.uk

Reforms in UK Data Protection Law: Potential Impacts on Individuals’ Rights Protection and AI Transparency – Oxford Human Rights Hub

Posted April 26th, 2024 in artificial intelligence, bills, brexit, data protection, news by sally

‘The Data Protection and Digital Information Bill (DPDI Bill) was re-introduced into the UK Parliament in March 2023 and is currently being debated at the Committee stage in the House of Lords. Since Brexit, the UK can unilaterally decide to reform its legal framework on personal data regulation so that data power can be further unlocked. This objective is also tightly related to the pro-innovation approach aimed at spurring AI development in the UK. The DPDI Bill seeks to provide organisations with greater flexibility and stability in data processing while maintaining high standards of data protection. Nevertheless, there is considerable debate whether proposed changes in the DPDI Bill may dilute essential rights to data protection for individuals and undermine transparency in data processing related to AI.’

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Oxford Human Rights Hub, 23rd April 2024

Source: ohrh.law.ox.ac.uk

‘’O, reason not the need!” – Why King Lear was wrong or: The Importance of Reasons in Disciplinary Proceedings – Francis Taylor Building

‘The general importance of the duty to give reasons at common law is well known to disciplinary practitioners. The recent debate generated by the comments made by the Commissioner of the Metropolitan Police, Sir Mark Rowley, in the context of police misconduct further highlights the importance of all disciplinary panels arriving at decisions which are robust and sustainable against legal challenge.’

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Francis Taylor Building, 12th March 2024

Source: www.ftbchambers.co.uk

Termination of pregnancy and wishes and feelings in the Court of Protection – UK Human Rights Blog

Posted April 26th, 2024 in abortion, Court of Protection, families, hospitals, mental health, news, pregnancy by sally

‘The decision of the Court of Protection in Rotherham and Doncaster and South Humber NHS Foundation Trust and NR [2024] EWCOP 17 is the latest in a line of cases where the Court has been asked to determine whether a termination of pregnancy is in a woman’s best interests. Any case about a termination engages the pregnant woman’s Article 8 rights. But where the woman also lacks capacity to decide for herself whether to have a termination, there must be a particularly careful analysis to ensure that her rights are respected. While previous decisions have frequently accorded weight to the wishes and feelings of the pregnant woman at the heart of the case, Mr Justice Hayden’s decision goes further in handing the decision over to the pregnant woman herself.’

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UK Human Rights Blog, 25th April 2024

Source: ukhumanrightsblog.com

James Robottom: The Safety of Rwanda Act, Slavery and the Common Law – UK Constitutional Law Association

‘Commentary on the Safety of Rwanda (Asylum and Immigration) Act (“RA”), which is shortly to receive Royal Assent, has concentrated principally on its deeming of Rwanda as a safe country whilst ousting the supervision of courts. This post considers a separate issue – section 4 of the Act as it applies to victims of slavery (“VOS”). Section 4 provides a carve out from the Act’s deeming provisions where the Home Secretary considers Rwanda is unsafe for an individual “based on compelling evidence relating specifically to their particular individual circumstances”. It also provides courts with a power of review of that question.’

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UK Constitutional Law Association, 25th April 2024

Source: ukconstitutionallaw.org

Environmental Corporate Social Responsibility in Action: The Advertising Standards Authority bans a Toyota SUV advert for not being prepared with a sense of social responsibility – Francis Taylor Building

‘In November 2023, the Advertising Standards Authority (“the ASA”) made the unprecedented decision to ban two Toyota SUV advertisements on the basis that they had “not been prepared with a sense of responsibility to society.”’

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Francis Taylor Building, 21st March 2024

Source: www.ftbchambers.co.uk

The pro-rating of pensions increases – Pensions Barrister

Posted April 26th, 2024 in chambers articles, news, pensions by sally

‘Paul Newman KC considers whether the pro-rating of annual non-statutory increases to pensions in payment for only part of a year can be read into a scheme that makes no express provision for it.’

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Pensions Barrister, 23rd April 2024

Source: www.pensionsbarrister.com

UK policy denying visas to children of care workers faces legal challenge – The Guardian

‘An organisation that supports migrant workers has launched a legal challenge against the government’s new policy to bar care workers from bringing children and partners to the UK, warning that it is “tearing families apart”.’

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The Guardian, 26th April 2024

Source: www.theguardian.com

Non-English speaking witnesses and wasted costs – 12 King’s Bench Walk Costs Litigation Blog

‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’

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12 King's Bench Walk Costs Litigation Blog, 19th April 2024

Source: costsandlitigationfunding.com

What Next for Sovereign Immunity in ICSID Disputes? A Short Review of Border Timbers Ltd v Republic of Zimbabwe and Infrastructure Service Luxembourg Sarl v Spain – Kluwer Arbitration Blog

Posted April 25th, 2024 in arbitration, enforcement, immunity, news by sally

‘On 19 January 2024, the High Court of Justice of England and Wales gave judgment in Border Timbers Ltd v Republic of Zimbabwe [2024] EWHC 58 (Comm). The decision of Dias J considered, in detail, the application of the UK State Immunity Act 1978 (“SIA”) to the registration, enforcement, and execution of ICSID arbitral awards before and by the English courts. The court declined to follow another recently decided case Infrastructure Services Luxembourg Sarl v Spain [2023] EWHC 1226 (Comm), as well as international practice across the broader common law world. Permission has been given to appeal the decision in Border Timbers to the Court of Appeal. The proceedings in Border Timbers and Infrastructure Services Luxembourg deserve close attention.’

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Kluwer Arbitration Blog, 30th March 2024

Source: arbitrationblog.kluwerarbitration.com

Cuthbert and White: When the dust settles … what does it mean? – Asbestos Law

Posted April 25th, 2024 in asbestos, causation, industrial injuries, news by sally

‘In this blog post, John-Paul Swoboda considers the recent case of Cuthbert, in which Michael Rawlinson KC, Max Archer and Jessica Franklin acted for the Appellant, the widow of Mr Derek Barry Cuthbert and executrix of his estate.’

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Asbestos Law, 25th March 2024

Source: asbestoslawblog.uk

Representative actions under CPR 19.8: practical lessons to learn from Barclays Bank UK Plc v Terry – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, civil procedure rules, class actions, news by sally

‘The writers have the privilege of having been counsel for the Defendants in what is believed to have been a first case of its type in terms of the ‘bifurcated’ procedure used to dispose of a large number of related causes of action in a single representative claim.’

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Gatehouse Chambers, 22nd April 2024

Source: gatehouselaw.co.uk

High Court grants interim relief to vulnerable refugee faced with imminent homelessness by local authority – Garden Court Chambers

Posted April 25th, 2024 in asylum, chambers articles, homelessness, local government, news, refugees by sally

‘Recent findings from London Councils reveal a concerning 39% increase in homelessness presentations among refugees and asylum seekers evicted from Home Office accommodation last year, with numbers continuing to rise.’

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Garden Court Chambers, 12th April 2024

Source: www.gardencourtchambers.co.uk

Multi-Party Claim Forms – Gatehouse Chambers

Posted April 25th, 2024 in chambers articles, claims management, costs, fees, negligence, news by sally

‘Claimants in professional negligence cases may wish to join forces under a single Claim Form to limit initial court fees and spread the risks and costs of the litigation between themselves.’

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Gatehouse Chambers, 23rd April 2024

Source: gatehouselaw.co.uk

Episode 23 – Construction and The Climate – Whole Life Carbon Assessment – 39 Essex Chambers

Posted April 25th, 2024 in chambers articles, climate change, construction industry, news by sally

‘In this episode, Camilla ter Haar and Ruth Keating are joined by Simon Sturgis. Simon Sturgis is widely recognised as an expert, an innovator and a lateral thinker in delivering a low carbon, resource efficient, built environment. He has led UK thinking and produced industry guidance for the RICS, RIBA, UKGBC, BCO and others which has already changed the way projects are designed and built in the UK.’

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39 Essex Chambers, 19th April 2024

Source: www.39essex.com

Clark v Adams: personal injury claim against Gerry Adams to proceed to trial – 12KBW Personal Injury Law Blog

‘Clark v Adams [2024] EWHC 62 (KB) is an unusual personal injury claim: three joined claims brought for injuries suffered as a result of bombings attributed to the Provisional Irish Republican Army (‘provisional IRA’) at the Old Bailey in March 1973, the London Docklands in February 1996 and the Arndale Centre in Manchester in June 1996. The claims were brought against the provisional IRA and against Gerry Adams, both in a representative capacity (as a representative of the provisional IRA) and in his personal capacity.’

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12KBW Personal Injury Law Blog, 23rd April 202

Source: pilawblog.com