AMHPs, MHA admission and changing cultures – in conversation with Colleen Simon and John Mitchell – Mental Capacity Law and Policy

Posted October 4th, 2024 in mental health, news by sally

‘In this ‘in conversation’ with Colleen Simon and John Mitchell, we talk about a recently published discussion paper about the ways in which Approved Mental Health Professionals (‘AMHPs’) undertake their statutory role of ‘considering’ patient’s cases under s.13 MHA 1983, and why it is dangerous to think of an ‘MHA assessment’ as a single event. We also think about what could be done differently even in advance of any law reforms that might take place in this area.’

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Mental Capacity Law and Policy, 3rd October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Chicken farm row reaches High Court – BBC News

‘Campaigners will be taking on Shropshire Council in the High Court as a seven-year dispute over an industrial-scale chicken farm continues.’

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BBC News, 3rd october 2024

Source: www.bbc.co.uk

Infamous killer makes bid to be freed from prison – BBC News

Posted October 3rd, 2024 in murder, news, parole, Wales by tracey

‘A murderer at the centre of one of Wales’ most notorious killings will make his case to be freed from prison later.’

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BBC News, 3rd October 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 3rd, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Financial Conduct Authority v BlueCrest Capital Management (UK) LLP [2024] EWCA Civ 1125 (02 October 2024)

Tvis Ltd v Howserv Services Ltd & Ors [2024] EWCA Civ 1103 (02 October 2024)

Viegas & Ors v Estate of Jose Luis Cutrale & Anor [2024] EWCA Civ 1122 (02 October 2024)

High Court (Chancery Division)

Joseph v McFaddens LLP [2024] EWHC 2447 (Ch) (01 October 2024)

Kay v Martineau Johnson (A Firm) [2024] EWHC 2451 (Ch) (01 October 2024)

High Court (Commercial Court)

Sheikh Khalid Bin Ahmed Al Hamed & Ors v Sheikh Hamed Bin Ahmed Al Hamed & Anor [2024] EWHC 2448 (Comm) (01 October 2024)

High Court (Family Division)

G v Human Fertilisation & Embryology Authority & Anor [2024] EWHC 2453 (Fam) (30 September 2024)

A and B (Children: Return order: Article 13(a) defence: 1980 Hague Convention), Re [2024] EWHC 2473 (Fam) (30 September 2024)

High Court (Patents Court)

Samsung Bioepis UK Ltd v Janssen Biotech, Inc. [2024] EWHC 2442 (Pat) (26 September 2024)

Pfizer Inc. & Anor v ModernaTX, Inc. [2024] EWHC 2443 (Pat) (25 September 2024)

Panasonic Holdings Corporation v Xiaomi Technology UK Ltd & Ors [2024] EWHC 2445 (Pat) (24 September 2024)

High Court (King’s Bench Division)

Reynolds v Chief Constable of Kent Police [2024] EWHC 2487 (KB) (02 October 2024)

AXA v Airedale NHS Foundation Trust [2024] EWHC 2499 (KB) (02 October 2024)

Source: www.bailii.org

Andrii Koshman: Judicial Accountability in the Digital Justice System of Tomorrow – UK Constitutional Law Association

‘In 2018, Sir Ernest Ryder warned that the future shift to online dispute resolution for most, and in some areas all disputes, risks eroding judicial accountability and fostering a democratic deficit. The pandemic, the £1.3 billion court modernisation program and six years later, the future of resolving the majority of disputes online appears to be much closer. The implementation of a truly holistic Digital Justice System – an integrated system of online advice services, online public and private out-of-court dispute resolution services (mediation and arbitration portals, ombuds services) and online courts – can make this future a reality.’

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UK Constitutional Law Association, 3rd October 2024

Source: ukconstitutionallaw.org

Gap between EDI policy and practice at law firms and in-house – Legal Futures

Posted October 3rd, 2024 in diversity, equality, law firms, news, reports by tracey

‘There remains a gap between policy and practice when it comes to diversity, equality and inclusion (DEI) at both law firms and in-house legal departments, according to new research.’

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Legal Futures, 3rd October 2024

Source: www.legalfutures.co.uk

Consultation on the regulation of barristers in chambers: The BSB’s response – Bar Standards Board

Posted October 3rd, 2024 in barristers, enforcement, news, standards by tracey

‘In October 2023, the Bar Standards Board (BSB) launched a public consultation to clarify our regulatory expectations of chambers. This followed a series of consultative roundtables across all circuits in England and Wales. During the consultation period we also held an additional series of roundtables, meeting with barristers, clerks and practice managers at eight roundtables across England and Wales. In total, we received 22 written responses to our consultation and also gathered valuable feedback from our extensive engagement events.’

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Bar Standards Board, 2nd October 2024

Source: www.barstandardsboard.org.uk

BSB regulatory proposals muddy the waters – The Bar Council

Posted October 3rd, 2024 in barristers, enforcement, news, standards by tracey

‘New proposals on the regulation of barristers in chambers will create uncertainty as to compliance and over who in chambers is responsible for meeting regulatory requirements, according to the Bar Council.’

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The Bar Council, 2nd October 2024

Source: www.barcouncil.org.uk

Postmaster jailed for wife’s murder seeks appeal – BBC News

Posted October 3rd, 2024 in appeals, domestic violence, inquiries, married persons, murder, news, postal service by tracey

‘A former sub-postmaster serving life in prison for murdering his wife is seeking a fresh appeal of his conviction, arguing the Post Office Inquiry has shed new light on his case.’

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BBC News, 3rd October 2024

Source: www.bbc.co.uk

Sex charge tutor case reveals ‘massive’ safeguarding hole – BBC News

Posted October 3rd, 2024 in child abuse, news, sexual offences, teachers, vetting by tracey

‘A man charged with sexual assault has been advertising as a private tutor for children in maths and science, a BBC investigation has found. The man, who we’re not naming for legal reasons, left his job as a teacher last year. Bail conditions prevent him having any contact with children and he is due to stand trial in March.’

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BBC News, 3rd October 2024

Source: www.bbc.co.uk

Sellafield ordered to pay nearly £400,000 over cybersecurity failings – The Guardian

Posted October 3rd, 2024 in computer crime, fines, guilty pleas, news, nuclear power, sentencing by tracey

‘Sellafield will have to pay almost £400,000 after it pleaded guilty to criminal charges over years of cybersecurity failings at Britain’s most hazardous nuclear site.’

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The Guardian, 2nd October 2024

Source: www.theguardian.com

UK food and beverage firms must take note of FSA food crime assessment – OUT-LAW.com

Posted October 2nd, 2024 in criminal justice, food, fraud, health & safety, misrepresentation, news by tracey

‘Businesses across the UK should examine the Food Standards Agency’s (FSA) 2024 Food Crime Strategic Assessment and factor its key themes and overarching food crime methods into their risk assessments, an expert has said.’

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OUT-LAW.com, 1st October 2024

Source: www.pinsentmasons.com

UK Pensions Ombudsman to launch expedited decision-making for complaints – OUT-LAW.com

Posted October 2nd, 2024 in complaints, news, ombudsmen, pensions, pilot schemes by tracey

‘The UK Pensions Ombudsman (PO) will soon launch an expedited determinations scheme to help speed up the resolution of complaints and allow adjudicators to focus on more complex cases.’

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OUT-LAW.com, 2nd October 2024

Source: www.pinsentmasons.com

New English court rules will encourage settlement of litigation – OUT-LAW.com

Posted October 2nd, 2024 in appeals, civil procedure rules, dispute resolution, news by tracey

‘New court rules in place from 1 October could lead to judges in England and Wales more frequently ordering parties to disputes to try to resolve them out of court.’

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OUT-LAW.com, 1st October 2024

Source: www.pinsentmasons.com

Home Office ordered to pay over £203,995.24 in damages to Nigerian man – EIN Blog

‘Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024). In Mr Adegboyega’s case, the SSHD was ordered to pay over £203,995.24 in damages. A Nigerian national, Mr Adegboyega was unlawfully detained at Brook House Immigration Removal Centre for 88 days in 2017 despite having the right to remain in the UK as the spouse of an EEA national.’

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EIN Blog, 30th September 2024

Source: www.ein.org.uk

Argument with neighbour over dog leads to formal warning for magistrate – Law Society’s Gazette

Posted October 2nd, 2024 in disciplinary procedures, dogs, magistrates, news, professional conduct by tracey

‘A magistrate who referred to her position on the bench when telling her neighbour their dog could be destroyed during a “heated dispute” has been issued with a formal warning for misusing her judicial status.’

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Law Society's Gazette, 1st October 2024

Source: www.lawgazette.co.uk

Council left family in B&B accommodation for a year more than maximum allowed period: Ombudsman – Local Government Lawyer

‘Birmingham City Council placed a family in bed and breakfast accommodation for 58 weeks, one year more than the maximum time such accommodation can be used for homeless applicants with family commitments, the Local Government & Social Care Ombudsman (LGSCO) has found.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman rejects complaint in case where complainant alleged she had lost £150k+ due to handling of planning applications – Local Government Lawyer

Posted October 2nd, 2024 in complaints, enforcement, local government, news, ombudsmen, planning by tracey

‘A woman who complained to the Local Government and Social Care Ombudsman about a planning dispute she claims cost her £150,000 has been told the Ombudsman cannot investigate her complaint.’

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Local Government Lawyer, 30th September 2024

Source: www.localgovernmentlawyer.co.uk

Ministry issues call for evidence on access to justice and Aarhus Convention – Local Government Lawyer

‘The Ministry of Justice (MoJ) has issued a call for evidence seeking views on options to bring the UK’s policies into compliance with its obligation under the access to justice provision of the Aarhus Convention.’

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Local Government Lawyer, 1st October 2024

Source: www.localgovernmentlawyer.co.uk

Judge says taxpayers’ cash ‘wasted’ on housing row – BBC News

Posted October 2nd, 2024 in dispute resolution, housing, local government, news by tracey

‘A stand-off between a council and a developer over a £12,000 bill could ultimately cost city taxpayers hundreds of thousands of pounds.’

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BBC News, 2nd October 2024

Source: www.bbc.co.uk