Legal challenge over plans to relax sewage laws for housebuilders in England – The Guardian

‘The government is facing a legal challenge over plans to permit housebuilders in England to allow sewage pollution “through the back door”.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

New ICO certification for lawyers gives “certainty” on data processing – Legal Futures

Posted February 14th, 2024 in data protection, law firms, news by sally

‘The Information Commissioner’s Office (ICO) has approved a certification scheme which it says will provide law firms, chambers and others with “certainty” when processing personal data.’

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Legal Futures, 14th February 2024

Source: www.legalfutures.co.uk

Victims of Modern Slavery Overlooked Due To Lack of Training, Report Finds – Each Other

Posted February 14th, 2024 in children, employment, forced labour, government departments, local government, news by sally

‘A new report by The Rights Lab and ECPAT, a leading children’s rights organisation, has highlighted the ways in which the UK government and local authorities could become more effective at handling child protection in relation to modern slavery.’

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Each Other, 14th February 2024

Source: eachother.org.uk

Pro-Palestinian protests: Paraglider badge wearers guilty of terror offences – BBC News

‘Three women have been found guilty of terrorism offences after they displayed images of paragliders, “celebrating” the Hamas tactics.’

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BBC News, 13th February 2024

Source: www.bbc.co.uk

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

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UKSC Blog, 12th February 2024

Source: ukscblog.com

Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question – Mental Capacity Law and Policy

‘Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull City Council v KF [2022] EWCOP 33, and Re PN (Capacity: Sexual Relations and Disclosure) [2023] EWCOP 44, we now have Re EE (Capacity: Contraception and Conception) [2024] EWCOP 5. The case concerned a 31 year old woman who wanted to become pregnant and have a baby; her capacity to engage in sexual relations, to decide about contact with others, and to make decisions about contraception, were all in issue and required the court’s determination.’

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Mental Capacity Law and Policy, 11th February 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Judge criticises Home Office errors in Palestinian refugee’s visa case – The Guardian

‘The home secretary has given an “unreserved and unqualified apology” to a Palestinian refugee for “serious errors” made in relation to her student visa application.’

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The Guardian, 13th February 2024

Source: www.theguardian.com

Home Office plans new protest offences and anti-Zionism is a protected belief – UK Human Rights Blog

‘The Home Office has announced its intention to create new offences relating to actions taken by attendees at protests. The plans include making it an offence to possess flares or pyrotechnics at a protest, to wear a face covering at a protest, and to climb on war memorials. The changes will be added as amendments to the Criminal Justice Bill. The Home Office has emphasised that the new rules are not a blanket ban on face coverings, and only apply where the protester’s intention is to conceal their identity.’

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UK Human Rights Blog, 12th February 2024

Source: ukhumanrightsblog.com

Regulatory references under SMCR: what you need to know – Kingsley Napley Employment Law Blog

Posted February 14th, 2024 in banking, chambers articles, employment, insurance, news by sally

‘First introduced for banks and insurers in March 2017, regulatory references are now a requirement for all firms regulated by the Financial Conduct Authority and Prudential Regulation Authority, under the senior manager and certification regime.’

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Kingsley Napley Employment Law Blog, 12th February 2024

Source: www.kingsleynapley.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 13th, 2024 in legislation by sally

SI 2024/140 – The Legal Services Act 2007 (Approved Regulator) Order 2024

SI 2024/137 – The Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 13th, 2024 in law reports by sally

High Court (Administrative Court)

Mead Realisations Ltd v The Secretary of State for Levelling Up, Housing And Communities & Anor [2024] EWHC 279 (Admin) (12 February 2024)

High Court (Chancery Division)

Biria v Biria & Ors [2024] EWHC 121 (Ch) (09 February 2024)

High Court (Commercial Court)

Hamsard One Thousand And Forty-Three Ltd v AE Insurance Brokers Ltd [2024] EWHC 262 (Comm) (12 February 2024)

High Court (Family Division)

KS v VS [2024] EWHC 278 (Fam) (12 February 2024)

Source: www.bailii.org

City council facing second judicial review challenge over tree felling – Local Government Lawyer

Posted February 13th, 2024 in consultations, judicial review, local government, news, planning, trees by sally

‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Council told to pay £15k after failings led to child missing education for two years – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority’s failings led to a child missing out on education for two years.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal in England drills down on term ‘incidental’ in tax cases – OUT-LAW.com

Posted February 13th, 2024 in corporation tax, news, statutory interpretation by sally

‘A recent English Court of Appeal decision provides food for thought surrounding the use of “incidental” in tax legislation, an expert has said.’

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OUT-LAW.com, 12th February 2024

Source: www.pinsentmasons.com

CA warns against misuse of judgment clarification procedure – Legal Futures

Posted February 13th, 2024 in appeals, care orders, family courts, judgments, news, reasons by sally

‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Lawyers’ use of generative AI “accelerating quickly” – Legal Futures

Posted February 13th, 2024 in artificial intelligence, legal profession, news by sally

‘Lawyers’ use of generative AI is accelerating quickly but there is a major mismatch between in-house and private practice expectations of the impact on billing, new research has found.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Transcripts essential, says judge refusing SCPO discharge from Russia – Law Society’s Gazette

Posted February 13th, 2024 in judgments, news, reasons, serious crime prevention orders by sally

‘Claimants seeking to discharge a serious crime prevention order (SCPO) must have access to transcripts of the judge’s reasons, if necessary from the director of public prosecutions, a High Court judge has said.’

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Law Society's Gazette, 13th February 2024

Source: www.lawgazette.co.uk

Mother of Colin Pitchfork victim dismayed as he wins new release hearing – The Guardian

Posted February 13th, 2024 in appeals, murder, news, parole, rape by sally

‘The mother of one of Colin Pitchfork’s victims has expressed her anger after the rapist and murderer won an appeal for a fresh parole hearing to determine whether he should be released from prison.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

First person in England and Wales convicted of cyberflashing – The Guardian

Posted February 13th, 2024 in indecent exposure, internet, news, sexual offences by sally

‘A 39-year-old man has become the first person in England and Wales to be convicted of cyberflashing, which became an offence in January as part of the Online Safety Act.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

Gang who killed man for fake designer watch jailed – BBC News

Posted February 13th, 2024 in gangs, murder, news, robbery, sentencing by sally

‘A gang of robbers has been jailed after they killed a music manager for a fake designer watch.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk