Some jury trials may be scrapped in England and Wales as court backlog hits record high – The Guardian

Posted December 13th, 2024 in courts, criminal justice, Crown Court, delay, judges, juries, news, statistics, trials by sally

‘Jury trials could be abandoned for some criminal cases in England and Wales under a radical overhaul proposed by ministers as the crown courts backlog hit a record high.’

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The Guardian, 12th December 2024

Source: www.theguardian.com

Roof Terraces and Higher Risk Buildings – Falcon Chambers

Posted December 13th, 2024 in building law, chambers articles, housing, news by sally

‘This post considers the First-tier Tribunal’s decision in Blomfield v Monier Road Limited (Smoke House & Curing House) LON/00BG/HYI/2023/0024.’

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Falcon Chambers, 12th November 2024

Source: www.falcon-chambers.com

KA & Anor v B [2024] EWHC 2855 (Fam) – Five Pump Court

‘This case not only dealt with the nuances of the law of domicile in cross-border adoption, but also addressed the legal principles and applicability of Article 8 of the European Convention on Human Rights (right to private and family life), to cases of cross-border adoptions.’

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Five Pump Court, 14th November 2024

Source: www.5pumpcourt.com

Activists sentenced over milk pouring stunts – BBC News

‘Two animal rights activists have been sentenced to community orders over milk-pouring stunts at two high-end department stores in central London.’

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BBC News, 12th December 2024

Source: www.bbc.co.uk

Sanctions for late Electrical Condition Reports given to contract-holders in Wales: Coastal Housing Group Limited & Others v Mitchell & Others [2024] EWHC 2831 (Ch) – Gatehouse Chambers

Posted December 13th, 2024 in building law, chambers articles, health & safety, housing, landlord & tenant, news, rent by sally

‘The Judgment of the Divisional Court of Griffiths J and HHJ Jarman KC (sitting as a Judge of the High Court) is the most significant treatment of the Renting Homes (Wales) Act 2016 (“RH(W)A”) and the wider regulatory regime for Electrical Condition Reports (“ECR”) and fitness for human habitation to date.’

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Gatehouse Chambers, 13th November 2024

Source: gatehouselaw.co.uk

BSB “not fit for purpose”, says Proudman after tribunal dismisses case – Legal Futures

‘The Bar Standards Board (BSB) has proven itself “unfit for purpose”, Dr Charlotte Proudman said yesterday after a disciplinary tribunal ruled she had no case to answer over tweets she sent.’

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Legal Futures, 13th December 2024

Source: www.legalfutures.co.uk

Barrister cleared of misconduct after criticising ‘boys’ club’ attitude in legal profession – The Guardian

‘A barrister has attacked misogyny in the legal profession after a misconduct case brought against her for calling out a “boys’ club” attitude was thrown out.’

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The Guardian, 12th December 2024

Source: www.theguardian.com

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Record court backlog as victims wait years for justice – BBC News

‘The backlog in courts handling the most serious crimes in England and Wales has reached an unprecedented high and is likely to rise further still.’

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BBC News, 12th December 2024

Source: www.bbc.co.uk

Court of Protection judge sets out guidance on mental capacity assessments for deaf individuals – Local Government Lawyer

Posted December 13th, 2024 in Court of Protection, disabled persons, local government, news by sally

‘A senior Court of Protection judge has outlined a number of considerations that should guide any assessment of a deaf individual fluent in British Sign Language (BSL), after finding that a young man was inaccurately assessed as lacking capacity in all areas.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk

Parents who caused death of buried boy jailed – BBC News

‘A couple whose severely malnourished son’s body was found buried in the garden of their former home have been jailed.’

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BBC News, 12th December 2024

Source: www.bbc.co.uk

Medico-legal market consolidating and growing “more strongly” – Legal Futures

‘The value of the medico-legal market grew by 4% in 2024, double the growth rate of the previous year, researchers have estimated.’

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Legal Futures, 12th December 2024

Source: www.legalfutures.co.uk

Prince Andrew ‘confidant’ loses appeal on UK ban over national security – The Guardian

Posted December 13th, 2024 in appeals, China, immigration, news, royal family by sally

‘A Chinese businessman described as a “close confidant” of the Duke of York has lost an appeal over a decision to bar him from entering the UK on national security grounds.’

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The Guardian, 13th December 2024

Source: www.theguardian.com

Soul Survivor – Actions and Recommendations – Law & Religion UK

‘On 10 December 2024, the Diocese of St Albans published its action plan in response to the Independent Review into Soul Survivor by Fiona Scolding KC. Building on its initial response from 26 September, the plan outlines changes to be implemented within the Diocese and recommendations for the wider Church of England. Developed over three months of engagement with diocesan governance bodies, the response is issued by the Senior Staff Team. The Press Release is reproduced below, and the full response is here.’

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Law & Religion UK, 13th December 2024

Source: lawandreligionuk.com

BAILII: Recent Decisions

Posted December 12th, 2024 in law reports by tracey

Supreme Court

Secretary of State for the Department for Environment, Food and Rural Affairs v Public and Commercial Services Union [2024] UKSC 41 (11 December 2024)

Frenkel v LA Micro Group (UK) Ltd & Ors [2024] UKSC 42 (11 December 2024)

Court of Appeal (Civil Division)

HSBC Bank PLC v Chevalier-Firescu [2024] EWCA Civ 1550 (11 December 2024)

Prismall v Google UK Ltd & Anor [2024] EWCA Civ 1516 (11 December 2024)

Secretary of State for Levelling Up, Housing and Communities v Rogers (Rev1) [2024] EWCA Civ 1554 (11 December 2024)

Test Valley Borough Council v Fiske [2024] EWCA Civ 1541 (10 December 2024)

Court of Appeal (Criminal Division)

Bah v Rex [2024] EWCA Crim 1499 (11 December 2024)

High Court (Administrative Court)

Daulby, R (On the Application Of) v Parole Board for England and Wales [2024] EWHC 3200 (Admin) (11 December 2024)

HS & Anor, R (On the Application Of) v Secretary of State for Foreign, Commonwealth & Development Affairs [2024] EWHC 3197 (Admin) (11 December 2024)

Nosek v District Court of Lublin, Poland [2024] EWHC 3119 (Admin) (10 December 2024)

High Court (Chancery Division)

Dennis & Ors v Queenwood Golf Club Ltd [2024] EWHC 3191 (Ch) (11 December 2024)

Saint Benedict’s Land Trust Ltd v Borough Council of King’s Lynn And West Norfolk [2024] EWHC 3118 (Ch) (09 December 2024)

Kigen (UK) Ltd v NOR Capital Ltd [2024] EWHC 3164 (Ch) (09 December 2024)

Waite v Skilton & Ors [2024] EWHC 3153 (Ch) (09 December 2024)

JTC Employer Solutions Trustee Ltd & Ors v Garnett & Anor (Rev1) [2024] EWHC 3128 (Ch) (09 December 2024)

Bionome Technology Ltd v Clearwater [2024] EWHC 3155 (Ch) (09 December 2024)

Crypto Open Patent Alliance v Wright [2024] EWHC 3135 (Ch) (06 December 2024)

Hipgnosis Music Ltd v Mercuriadis & Ors [2024] EWHC 3127 (Ch) (05 December 2024)

Commissioners for His Majesty’s Revenue and Customs v Ducas Ltd & Ors [2024] EWHC 3132 (Ch) (05 December 2024)

Mittal & Anor v Berthier & Ors (Re ACL Astute 2022 Ltd & ACL Astute 2006 Ltd) [2024] EWHC 3122 (Ch) (04 December 2024)

High Court (Commercial Court)

Republic of Mozambique v Credit Suisse International & Ors (No. 13: Application by Privinvest Companies for Permission to Appeal) [2024] EWHC 3188 (Comm) (10 December 2024)

Smith, In the Matter Of (Re Criminal Justice Act 1988 – Contempt of Court) [2024] EWHC 3161 (Comm) (06 December 2024)

Dynamo Recoveries Ltd & Anor v Nix [2024] EWHC 3116 (Comm) (06 December 2024)

TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2024] EWHC 3146 (Comm) (06 December 2024)

Smith, In the Matter Of (Re Criminal Justice Act 1988 – Contempt of Court) [2024] EWHC 3154 (Comm) (06 December 2024)

Banco de Sabadell SA v Cerberus Global NPL Associates LLC & Ors [2024] EWHC 3022 (Comm) (04 December 2024)

High Court (Family Division)

F v M & Anor (Rev1) [2024] EWHC 3190 (Fam) (10 December 2024)

X, Re (Intercountry Adoption: Kafala: Noncompliance s.83 ACA 2002) [2024] EWHC 3198 (Fam) (10 December 2024)

High Court (King’s Bench Division)

Various Claimants v Mercedes-Benz Group AG & Ors [2024] EWHC 3186 (KB) (11 December 2024)

Chirkunov v Person(S) Unknown & Ors [2024] EWHC 3177 (KB) (11 December 2024)

Samrai & Ors v Kalia [2024] EWHC 3143 (KB) (09 December 2024)

Amadu-Abdullah v The Commissioner of Police of the Metropolis [2024] EWHC 3162 (KB) (06 December 2024)

Armeniakou v Thomson [2024] EWHC 3150 (KB) (06 December 2024)

London Borough of Enfield v Persons Unknown [2024] EWHC 3142 (KB) (06 December 2024)

Smith v Poulton & Ors [2024] EWHC 3115 (KB) (05 December 2024)

CXC v Clarke & Anor [2024] EWHC 3138 (KB) (05 December 2024)

Carr v Chief Constable of Kent Constabulary [2024] EWHC 3120 (KB) (05 December 2024)

Shell UK Ltd v Persons Unknown [2024] EWHC 3130 (KB) (05 December 2024)

High Court (Technology and Construction Court)

Mornington 2000 LLP (t/a Sterilab Services) & Anor v Secretary of State for Health and Social Care [2024] EWHC 3180 (TCC) (11 December 2024)

381 Southwark Park Road RTM Company Ltd & Ors v Click St Andrews Ltd & Anor [2024] EWHC 3179 (TCC) (11 December 2024)

Source: www.bailii.org

Pilot of Channel inflatable loses bid to appeal against manslaughter verdict – The Guardian

‘A man convicted of manslaughter after four people died as he steered a boat across the Channel has lost his attempt to challenge his convictions and sentence.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

“It all happened so long ago…” – Pensions Barrister

Posted December 12th, 2024 in chambers articles, documents, evidence, news, pensions by sally

‘In the first part of a major two-part article on the use of evidence law in pensions cases, Paul Newman KC considers the extent to which evidence law can overcome missing pension scheme documents.’

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Pensions Barrister, 11th December 2024

Source: www.pensionsbarrister.com

Puberty blockers to be banned indefinitely for under-18s across UK – The Guardian

Posted December 12th, 2024 in children, emergency powers, gender, medical treatment, news, transgender persons by sally

‘Puberty blockers for under-18s with gender dysphoria will be banned indefinitely across the UK except for use in clinical trials, Labour has announced.’

Full Story

The Guardian, 11th December 2024

Source: www.theguardian.com

Right to jury trial under threat as Leveson asked to carry out ‘once in generation’ review of courts – The Independent

Posted December 12th, 2024 in criminal justice, Crown Court, delay, magistrates, news, sentencing by sally

‘Sir Brian Leveson is to lead a “once in a generation” review of the courts system in England and Wales to deal with the spiralling backlog of cases.’

Full Story

The Independent, 12th December 2024

Source: www.independent.co.uk

Ombudsman demands social housing providers address “complacency” towards dealing with hazards – Local Government Lawyer

Posted December 12th, 2024 in health, health & safety, housing, news, ombudsmen by sally

‘The Housing Ombudsman has urged housing providers to improve their response to hazards ahead of the introduction of Awaab’s Law.’

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Local Government Lawyer, 11th December 2024

Source: www.localgovernmentlawyer.co.uk