End of Term? University Protest Encampments and Possession Proceedings – St Philips Barristers

‘A number of protestors of the actions of the Israeli Defence Force in Palestine have occurred on university campuses both in this jurisdiction, as well as overseas. Such protests give rise to difficult balancing exercises between a university’s right to exercise their private property rights and the rights of others, particularly students to protest about causes that they are passionate about.’

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St Philips Barristers, 17th July 2024

Source: st-philips.com

What’s the Matter? Insolvency and Arbitration Following Sian Participation – Pump Court Chambers

Posted August 22nd, 2024 in agreements, arbitration, chambers articles, insolvency, news by sally

‘The presence of a generally worded arbitration agreement or exclusive jurisdiction clause applicable to the debt relied upon by a creditor bringing a winding-up petition should not lead to the stay or dismissal of the petition unless the debt is genuinely disputed on substantial grounds.’

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Pump Court Chambers, 2nd July 2024

Source: www.pumpcourtchambers.com

Detriment, what detriment? – Gatehouse Chambers

Posted August 22nd, 2024 in chambers articles, estoppel, news, partnerships, wills by sally

‘The Court of Appeal in Winter & Anor v Winter & Anor [2024] EWCA Civ 699 recently considered an appeal focused on the finding of the judge at first instance that there was detriment for the purposes of a proprietary estoppel claim. The case provides a useful recap of the relevant principles to be applied when detriment falls to be considered.’

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Gatehouse Chambers, 25th July 2024

Source: gatehouselaw.co.uk

UN torture tsar calls on Starmer to review sentences of IPP prisoners trapped indefinitely behind bars – The Independent

Posted August 22nd, 2024 in news, sentencing, torture, United Nations by sally

‘The UN special rapporteur on torture has urged Sir Keir Starmer to review the cases of thousands of people trapped in prison indefinitely under Imprisonment for Public Protection (IPP) sentences.’

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The Independent, 21st August 2024

Source: www.independent.co.uk

Factory worker jailed for role in riot at Rotherham asylum seeker hotel – The Guardian

Posted August 22nd, 2024 in asylum, news, sentencing, violent disorder by sally

‘A man who shouted abuse at police guarding a hotel housing asylum seekers and celebrated as missiles were thrown at officers has been jailed for three years and four months, as more people were sentenced for their part in the riots on Tuesday.’

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The Guardian, 20th August 2024

Source: www.theguardian.com

HMP Wandsworth living conditions are ‘inhumane’, finds report – The Guardian

Posted August 22nd, 2024 in health & safety, news, prisons, reports, self-harm by sally

‘Wandsworth prison is crumbling, overcrowded and vermin-infested, with inmates living in half the cell space available when it was first opened in 1851, according to a report published on Thursday.’

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The Guardian, 22nd August 2024

Source: www.theguardian.com

Just Eat advert that depicted McDonald’s broke junk food code – The Guardian

Posted August 22nd, 2024 in advertising, children, codes of practice, food, health, news, standards by sally

‘An advert for the takeaway delivery service Just Eat that featured a McDonald’s burger has been banned for not taking sufficient care to ensure that it was not aimed at children under 16.’

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The Guardian, 21st August 2024

Source: www.theguardian.com

Inmate with indefinite prison term took his own life after government rejected resentencing plans – The Independent

Posted August 22nd, 2024 in coroners, imprisonment, news, reports, sentencing by sally

‘A coroner has revealed a prisoner serving an abolished indefinite sentence took his own life after learning the government had rejected proposals to resentence IPP prisoners.’

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The Independent, 21st August 2024

Source: www.independent.co.uk

Holy ground or Hollywood? – the canons & filming in church: Re St Mary the Virgin Morpeth – Law & Religion UK

Posted August 22nd, 2024 in ecclesiastical law, faculties, film industry, news by sally

‘In Re St Mary the Virgin Morpeth [2024] ECC New 2, the petitioners – the Revd Simon White, Rector of Morpeth, Dr Andrew Mowat, a churchwarden, and Camilla Stephenson, the Supervising Location Manager for DNA Films – sought a faculty to permit the filming within the church during June and July 2024 of a sequel to two “horror” films: 28 Days and 28 Weeks After. The sequel was to portray “a post-apocalyptic world in which people are largely infected by a ‘rage’ virus which leads them to violence”. Oscar-winning director Danny Boyle was to direct the film, which would star Aaron Taylor-Johnson, Jodie Comer, Jack O’Connell and Ralph Fiennes.’

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Law & Religion UK, 22nd August 2024

Source: lawandreligionuk.com

Ex-soldier among several jailed over riots in Rotherham and Southport – The Guardian

Posted August 22nd, 2024 in asylum, criminal damage, news, sentencing, violent disorder by sally

‘A former soldier who served in Kosovo, Bosnia and Northern Ireland has been jailed for two and a half years after admitting confronting police as they tried to protect a hotel housing asylum seekers in Rotherham.’

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The Guardian, 21st August 2024

Source: www.theguardian.com

Half of rape investigation team members not fully qualified, police watchdog warns – The Independent

Posted August 22nd, 2024 in delay, news, police, prosecutions, rape, reports by sally

‘Half of staff on rape investigation teams are not fully qualified and are still training, police inspectors have warned.’

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The Independent, 22nd August 2024

Source: www.independent.co.uk

EDI initiatives not “shifting the law’s systemic inequalities” – Legal Futures

Posted August 22nd, 2024 in diversity, equality, legal profession, news, reports by sally

‘There are multiple factors behind the failure of equality, diversity and inclusion (EDI) initiatives to “shift the systemic inequalities that are entrenched” across the legal profession, a report for the Legal Services Board (LSB) has found.’

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Legal Futures, 22nd August 2024

Source: www.legalfutures.co.uk

Three men guilty of raping girls in Plymouth – BBC News

Posted August 22nd, 2024 in child abuse, news, rape by sally

‘Three men have been found guilty of raping girls in Plymouth.’

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BBC News, 20th August 2024

Source: www.bbc.co.uk

MoJ refused to repay living costs to wrongly convicted partly to save money – The Guardian

‘A controversial decision to refuse refunds to wrongly convicted prisoners who were charged for bed and board while in jail was made in part to save money, the Guardian has learned.’

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The Guardian, 21st August 2024

Source: www.theguardian.com

Crime clerking in a time of backlog – Counsel

Posted August 21st, 2024 in barristers' clerks, courts, criminal justice, news by sally

‘A crucial part of the justice system jigsaw, what is it like being a criminal clerk in today’s acutely pressured environment? Dave Scothern offers insight, drawing out a framework of best practice points.’

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Counsel, 13th August 2024

Source: www.counselmagazine.co.uk

Bringing decolonisation to law teaching: fulfilling the promise of legal pedagogy – OUP Blog

Posted August 21st, 2024 in colonies, education, equality, legal education, news, universities by sally

‘Decolonisation can be described as a collection of repudiatory and resistant responses to the multifaceted inauguration of colonial ways of thinking, being, and doing in the world—this inauguration is often dated to the fifteenth century.’

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OUP Blog, 16th August 2024

Source: blog.oup.com

Outside Appointments – London Review of Books

Posted August 21st, 2024 in constitutional law, government departments, news by sally

‘Keir Starmer​ has made several eye-catching appointments to his new government from outside Parliament, continuing the practice of his predecessor, Rishi Sunak, who appointed David Cameron as foreign secretary last November, making him a peer in order to do so. Many find the practice of making outside appointments constitutionally suspect. However, the constitutional issue that requires rectification isn’t so much the way in which prime ministers appoint ministers but the way in which prime ministers themselves are appointed.’

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London Review of Books, 15th August 2024

Source: www.lrb.co.uk

Regulators “must warn lawyers against taking advantage of LiPs” – Legal Futures

‘Legal regulators must warn lawyers that they will face action to stop them unethically taking advantage of vulnerable litigants, a charity has urged.’

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Legal Futures, 21st August 2024

Source: www.legalfutures.co.uk

Hotel fire risks: Duties and the law – Kingsley Napley Regulatory Blog

Posted August 21st, 2024 in chambers articles, fire, hotels, news by sally

‘According to Home Office data, in 2023-2024 in England alone, 587 hotels, boarding houses or hostels had primary fires, of these 458 were accidental, two involved accidental fatalities and there were 92 non fatal casualties.’

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Kingsley Napley Regulatory Blog, 19th August 2024

Source: www.kingsleynapley.co.uk

Stop and search study in England and Wales ‘casts doubt’ on effectiveness – The Guardian

‘Stop and search is one of the less effective tactics to tackle rising violence such as knife crime, according to the results of a study.’

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The Guardian, 21st August 2024

Source: www.theguardian.com