No Recourse to Public Funds and Article 3: Proving Systems Duty Breaches – EIN Blog

Posted December 16th, 2024 in delay, human rights, immigration, ministers' powers and duties, news by tracey

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

Full Story

EIN Blog, 13th December 2024

Source: www.ein.org.uk

Statement on BBC File on 4 on abuse by David Tudor – Law & Religion UK

Posted December 16th, 2024 in child abuse, Church of England, clergy, media, news, sexual offences by tracey

‘The Church of England has issued the following Statement on the case of the former Church of England rector David Tudor, highlighted in the BBC File on Four documentary.’

Full Story

Law & Religion UK, 16th December 2024

Source: lawandreligionuk.com

Ealing comedy. Getting statutory nuisance very wrong – Nearly Legal

Posted December 16th, 2024 in local government, magistrates, news, nuisance, prosecutions by tracey

‘Ferko v Ealing Magistrates Court & Ors (2024) EWHC 2592 (Admin). This was an appeal by case stated to the High Court from a decision of Ealing Magistrates Court on a statutory nuisance/section 82 Environmental Protection Act 1990 prosecution. It is also a remarkable illustration of just how wrong the Magistrates can get such a prosecution, as well as being a helpful primer to constituent elements of an EPA prosecution case.’

Full Story

Nearly Legal, 15th December 2024

Source: nearlylegal.co.uk

Anurag Deb: The language of laws: Situating legislative drafting in its proper context – UK Constitutional Law Association

Posted December 16th, 2024 in bills, constitutional law, drafting, news by tracey

‘One aspect of the recent debates surrounding the Terminally Ill Adults (End of Life) Bill moved by Kim Leadbeater MP was the criticism expressed of the Bill’s drafting – that is, the actual text of the Bill’s provisions as distinct from their underlying policy objectives or purposes. The concerns with this language were largely put to bed when it emerged that the Bill had been drafted by Dame Elizabeth Gardiner, the former First Parliamentary Counsel (FPC, the head of the Office of the Parliamentary Counsel – the legal drafters who draft Bills moved in the UK Parliament).

In this post, I want to challenge two ideas about how the language of a Bill emerges, not least because legislative drafting is a seldom discussed, and (with respect to those who have engaged with this issue in the context of the Leadbeater Bill) considerably underappreciated, aspect of how primary legislation is made at Westminster and its devolved counterparts.’

Full Story

UK Constitutional Law Association, 16th December 2024

Source: ukconstitutionallaw.org

Misuse of private information: Google and DeepMind Technologies – UK Human Rights Blog

‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private information against the respondents Google UK Limited (Google) and DeepMind Technologies Limited (DeepMind). The action was on behalf of Mr Prismall and a class of persons said to number approximately 1.6 million.’

Full Story

UK Human Rights Blog, 13th December 2024

Source: ukhumanrightsblog.com

Court of Protection Update – December 2024 – Local Government Lawyer

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

Full Story

Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Making FGM protection orders – Local Government Lawyer

Posted December 16th, 2024 in children, families, female genital mutilation, local government, news by tracey

‘A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.’

Full Story

Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Providing support for children with complex needs – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’

Full Story

Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Courts reform to see quicker justice for victims and keeps streets safe – Ministry of Justice

‘Victims of crimes will see the perpetrators face justice more quickly under a once-in-a-generation review of criminal courts, the Lord Chancellor announced today (12 December).’

Full Story

Ministry of Justice, 12th December 2024

Source: www.gov.uk

Solicitors over-reliant on their COLPs, says SRA – Legal Futures

‘Too many solicitors only check their professional obligations when things go wrong and are over-reliant on their firm’s compliance officer for legal practice (COLP) to keep on top of regulatory issues, according to Solicitors Regulation Authority (SRA) research.’

Full Story

Legal Futures, 16th December 2024

Source: www.legalfutures.co.uk

UK and Germany set out joint action for people smuggling law reform – Home Office

‘UK and Germany agree landmark plan to break the business model of people smuggling gangs, with Germany confirming intention for law change.’

Full Story

Home Office, 10th December 2024

Source: www.gov.uk

Aspiring barristers from underrepresented groups supported by Bridging the Bar 2024 Outreach Programme – Courts and Tribunals Judiciary

Posted December 16th, 2024 in barristers, courts, diversity, equality, news by tracey

‘In November 2024, 17 aspiring barristers from underrepresented groups participated in a five-day paid internship at the High Court and Court of Appeal.’

Full Story

Courts and Tribunals Judiciary, 12th December 2024

Source: www.judiciary.uk

Serving claim form on ‘persons unknown’ out of jurisdiction now requires hearing – Law Society’s Gazette

Posted December 16th, 2024 in disclosure, media, news, service out of jurisdiction by tracey

‘Future applications for permission to serve a claim form on ‘persons unknown’ out of the jurisdiction in claims in the media & communications list should not be dealt with without a hearing, a High Court judge has ruled.’

Full Story

Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

Teacher who made up last school reference banned – BBC News

Posted December 16th, 2024 in disciplinary procedures, news, professional conduct, teachers by tracey

‘A teacher who got a senior role after sending a false reference that she pretended was from her former school’s head teacher has been banned from the profession.’

Full Story

BBC News, 16th December 2024

Source: www.bbc.co.uk

‘My sister was electrocuted in St James’s Park’ – BBC News

Posted December 16th, 2024 in accidents, health & safety, London, news, personal injuries by tracey

‘A woman is taking legal action after she was electrocuted in a central London park, putting her in intensive care and leaving her with memory problems.’

Full Story

BBC News, 16th December 2024

Source: www.bbc.co.uk

Calls for Archbishop of York to resign over Church failings in sex abuse case – BBC News

‘The Archbishop of York Stephen Cottrell is facing calls to resign over his handling of a sexual abuse case, days before he takes temporary charge of the Church of England.’

Full Story

BBC News, 16th December 2024

Source: www.bbc.co.uk

Defendants could be ‘diverted’ from criminal justice system amid record backlog – The Guardian

Posted December 16th, 2024 in criminal justice, Crown Court, delay, juries, Ministry of Justice, news, statistics, witnesses by tracey

‘People scheduled to stand trial could be “diverted” from the criminal justice system in efforts to tackle the “unsustainable” backlog of court cases, the head of a major justice review has said.’

Full Story

The Guardian, 14th December 2024

Source: www.theguardian.com

Lawyers refusing to represent people charged with certain crimes amid pay crisis – The Guardian

‘Lawyers are refusing to represent people charged with certain crimes amid a crisis over solicitors’ pay, with one burglary suspect turned away by 12 legal firms, the Law Society president has said.’

Full Story

The Guardian, 16th December 2024

Source: www.theguardian.com

Bus driver who was reading piece of paper before hitting pedestrian jailed – The Independent

‘A bus driver who was reading a piece of paper behind the wheel has been jailed for two years after hitting a woman crossing the road, police have said.’

Full Story

The Independent, 13th December 2024

Source: www.independent.co.uk

Man jailed after firing lethal submachine gun on public street before fleeing in Rolls Royce – The Independent

Posted December 16th, 2024 in firearms, imprisonment, news, sentencing by tracey

‘A gunman who opened fire on the street with a submachine gun before fleeing in a Rolls Royce has been jailed for more than 15 years.’

Full Story

The Independent, 14th December 2024

Source: www.independent.co.uk