The Court of Protection and deprivation of liberty of those under 18 – Mental Capacity Law and Policy

Posted January 16th, 2025 in children, Court of Protection, deprivation of liberty safeguards, family courts, mental health, news, practice directions, young persons by sally

‘The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National DOL List (“NDL”) to the Court of Protection. The Practice Guidance is based on the internal guidance used by judiciary and court staff with respect to such cases, which was referred to in the October 2023 NDL national listing protocol guidance.’

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Mental Capacity Law and Policy, 13th January 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Gabriel Tan and Lewis Graham: One Year On From Imam v Croydon: Mandatory orders, judicial psychology and judicial review – UK Constitutional Law Association

Posted January 16th, 2025 in homelessness, housing, judicial review, local government, news, Supreme Court by sally

‘It is a well-understood principle that a judicial review court traditionally forbears from granting coercive orders against public authorities on grounds of mutual institutional trust, and constitutional reasons relating to the separation of powers. This is particularly so in the case of mandatory orders: whilst section 31(1) of the Senior Courts Act 1981 allows judges to grant such orders, when doing so they take the underlying decision out of the hands out of the public authority which has the democratic imprimatur to take such a decision. There has therefore, traditionally, been a particular reticence to grant mandatory orders in judicial review cases.’

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UK Constitutional Law Association, 16th January 2025

Source: ukconstitutionallaw.org

Manchester 21-year-old’s conviction quashed after rap video evidence refuted – The Guardian

Posted January 16th, 2025 in appeals, conspiracy, evidence, grievous bodily harm, identification, news, video recordings by sally

‘An aspiring law student who addressed MPs in parliament has had his conviction for being part of a violent conspiracy quashed after new evidence showing he was wrongfully identified in a drill music video.’

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The Guardian, 15th January 2025

Source: www.theguardian.com

Cardiff NHS worker wins tribunal claim over space for expressing breast milk – The Guardian

Posted January 15th, 2025 in breastfeeding, employment, employment tribunals, equality, harassment, hospitals, news, pregnancy by Lily

‘A healthcare worker has won a claim of harassment against an NHS health board after she was not provided with a suitable private space to express breast milk.’

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The Guardian, 15th January 2025

Source: www.theguardian.com

Abandoning a Procurement – Is it time to jump ship? – Local Government Lawyer

Posted January 15th, 2025 in local government, news, public procurement by tracey

‘Sally Stock, Beth Edwards and Shyann Sheehy discuss the process of abandoning a procurement process, as well as highlighting restrictions on when it can be done.’

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Local Government Lawyer, 14th January 2025

Source: www.localgovernmentlawyer.co.uk

The importance of Jervis v Harris [1996] – a contractual self-help tool for landlords – Local Government Lawyer

Posted January 15th, 2025 in enforcement, housing, landlord & tenant, leases, news, repairs by tracey

‘James Mallery-Nelson analyses a 1996 High Court decision that established a key precedent, providing commercial landlords with a common law mechanism to enforce tenants’ repairing obligations under their leases.’

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Local Government Lawyer, 14th January 2025

Source: www.localgovernmentlawyer.co.uk

Scammer jailed over fake Champions League tickets – BBC News

Posted January 15th, 2025 in conspiracy, fraud, news, sport by tracey

‘A scammer who sold fake tickets for Liverpool’s 2022 Champions League final in Paris against Real Madrid conned football fans out of £40,000, police have said. Lee Waldron, 41, was convicted at Liverpool Crown Court of acquiring, using and possessing criminal property.’

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BBC News, 14th January 2025

Source: www.bbc.co.uk

November and December 2024 Roundup – Football Law

Posted January 15th, 2025 in appeals, disciplinary procedures, fines, insolvency, news, remuneration, sport by tracey

‘A roundup of football law news and decisions from November and December 2024.’

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Football Law, 13th January 2025

Source: www.footballlaw.co.uk

Rescission of a Bankruptcy Order (Collatory Case) – 33 Bedford Row

Posted January 15th, 2025 in bankruptcy, chambers articles, insolvency, jurisdiction, news by tracey

‘Section 375(1) of the Insolvency Act 1980 provides: “Every court having jurisdiction for the purposes of the Parts in this Group may review, rescind or vary any order made by it in the exercise of that jurisdiction.” Parliament’s decision to enact s.375(1), and the jurisdiction it creates, is inconsistent with the normal approach to the finality of litigation.’

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33 Bedford Row, 14th January 2025

Source: www.33bedfordrow.co.uk

How Are Health And Safety Offences Prosecuted In England And Wales? – 4-5 Gray’s Inn Square

Posted January 15th, 2025 in chambers articles, health & safety, local government, news, prosecutions by tracey

‘Tanveer Qureshi has written an informative article on health and safety offences prosecuted in England and Wales.’

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4-5 Gray’s Inn Square, 9th January 2025

Source: www.4-5.co.uk

BAILII: Recent Decisions

Posted January 15th, 2025 in law reports by tracey

Court of Appeal (Criminal Division)

Butler v The King [2025] EWCA Crim 1 (13 January 2025)

High Court (Administrative Court)

Ward v The Secretary of State for Communities And Local Government & Anor [2025] EWHC 34 (Admin) (13 January 2025)

Wheatley v General Medical Council [2025] EWHC 31 (Admin) (13 January 2025)

Charnwood Borough Council, R (on application) v Secretary of State for the Home Department [2025] EWHC 33 (Admin) (13 January 2025)

Lewis v Francis & Anor [2025] EWHC 17 (Admin) (09 January 2025)

High Court (Chancery Division)

Getty Images (US) Inc & Ors v Stability AI Ltd [2025] EWHC 38 (Ch) (14 January 2025)

Mahmood v KPMG LLP & Anor [2025] EWHC 15 (Ch) (14 January 2025)

Packer v Packer [2025] EWHC 27 (Ch) (14 January 2025)

Ultimate Bridging Finance Ltd v 4 Fairweather Close Ltd[2025] EWHC 19 (Ch) (13 January 2025)

Enfield Highway Development Ltd v Park Estate Holidings Ltd [2025] EWHC 29 (Ch) (13 January 2025)

Aslam v Seeley & Anor [2025] EWHC 24 (Ch) (10 January 2025)

McCarthy v Proctor & Anor [2025] EWHC 25 (Ch) (10 January 2025)

Howells v Newport City Council [2025] EWHC 22 (Ch) (09 January 2025)

SGL 1 Ltd v FSV Freeholders Ltd & Ors [2025] EWHC 3 (Ch) (08 January 2025)

Together Commercial Finance Ltd v Fay of London Ltd [2025] EWHC 12 (Ch) (08 January 2025)

SBP 2 SARL v 2 Southbank Tenant Ltd [2025] EWHC 16 (Ch) (07 January 2025)

High Court (Commercial Court)

Collins & Ors v Wind Energy Holding Company Ltd [2025] EWHC 40 (Comm) (14 January 2025)

Manchester Property Development Holdings & Anor v Kuit Steinart Levy LLP [2025] EWHC 35 (Comm) (10 January 2025)

High Court (King’s Bench Division)

Meagher v The Chancellor, Masters And Scholars of the University of Cambridge & Ors [2025] EWHC 30 (KB) (13 January 2025)

Marinakis v Karipidis & Ors [2025] EWHC 13 (KB) (10 January 2025)

Director of Public Prosecutions v Adams & Anor [2025] EWHC 26 (KB) (09 January 2025)

Source: www.bailii.org

Commonwealth war burials – Law Commission

Posted January 15th, 2025 in armed forces, burials and cremation, colonies, Law Commission, news, war by tracey

‘There has been some media coverage which suggests that, as part of our burials consultation, the Law Commission is proposing that Commonwealth war graves (graves of servicemen and women who died in the first and second world wars) should be reused. This is not the case.’

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Law Commission, 14th January 2025

Source: lawcom.gov.uk

Former Mishcon director wins ET claim over commission – Law Society’s Gazette

Posted January 15th, 2025 in employment, employment tribunals, law firms, news, remuneration, unfair dismissal by tracey

‘A former commercial director with London firm Mishcon de Reya was unfairly dismissed after he was not paid commission owed to him for three years, a tribunal has ruled.’

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Law Society's Gazette, 14th January 2025

Source: www.lawgazette.co.uk

Court of Appeal hears challenge to High Court ban on naming judges in Sara Sharif family case – Law Society’s Gazette

Posted January 15th, 2025 in anonymity, appeals, children, families, family courts, judges, media, murder, news, privacy, reporting restrictions by tracey

‘An order made by a High Court judge to restrain the naming of judges who sat in proceedings concerning the late Sara Sharif, who was murdered by her father and stepmother, infringed upon the principle of open justice ‘in a manner that is without any known precedent’, the Court of Appeal heard today.’

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Law Society's Gazette, 14th January 2025

Source: www.lawgazette.co.uk

‘Sexual safety’ concerns at ‘inadequate’ care home – BBC News

Posted January 15th, 2025 in care homes, news, quality assurance by tracey

‘A home caring for people with dementia where concerns about “sexual safety” and falls were raised has been placed in special measures.’

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BBC news, 15th January 2025

Source: www.bbc.co.uk

Blind man wins £18,500 after bakery sacking – BBC News

Posted January 15th, 2025 in damages, disability discrimination, disabled persons, employment, employment tribunals, equality, health & safety, news, unfair dismissal by tracey

‘A blind man sacked during his probation at a bakery amid claims he made mistakes has won £18,500, including £12,000 for injury to feelings.’

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BBC News, 14th January 2025

Source: www.bbc.co.uk

Government to implement university free speech law – BBC News

Posted January 15th, 2025 in compensation, complaints, freedom of expression, government departments, news, universities by tracey

‘The government is expected to reactivate a piece of legislation aimed at protecting free speech on university campuses. The Higher Education Freedom of Speech Act, which could have seen universities fined for failing to uphold freedom of speech, was passed under the previous, Conservative government in 2023. But its implementation was stopped shortly after Labour’s election win last summer over concerns the law was potentially damaging to student welfare. A government source has said the legislation is now being recommenced to make it workable.’

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BBC news, 15th January 2025

Source: www.bbc.co.uk

Andrew Malkinson calls miscarriage of justice watchdog’s ex-head ‘shameless’ – The Guardian

Posted January 15th, 2025 in Criminal Cases Review Commission, criminal justice, miscarriage of justice, news by tracey

‘Andrew Malkinson has called the former head of the miscarriage of justice watchdog “shameless” as she resigned from the job saying she had been “scapegoated for entirely legitimate decisions” taken over his case.’

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The Guardian, 14th January 2025

Source: www.theguardian.com

NHS trust admits liability for doctor who sexually abused patients – The Guardian

Posted January 15th, 2025 in abuse of position of trust, disciplinary procedures, doctors, hospitals, negligence, news, professional conduct, sexual offences by tracey

‘A hospital trust has admitted liability for the actions of a doctor found to have used invasive and intimate procedures on patients for sexual gratification.’

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The Guardian, 15th January 2025

Source: www.theguardian.com

Unfair dismissal and clerical employment: Reverend S Bozos – Law & Religion UK

Posted January 14th, 2025 in clergy, compensation, coronavirus, employment tribunals, flexible working, news, unfair dismissal by tracey

‘Fr Stavros Bozos was the priest of the Greek Orthodox parish of the Three Hierarchs in Leeds, seconded from the Church of Greece and under the authority of the Archbishop of Great Britain and Thyateira. His contract of employment included celebrating the Divine Liturgy on Sundays and Great Feast Days and monthly at the Greek School, preaching at the Liturgy, catechism classes for children and adults, helping and supporting the community and church and taking care of the “cleanness and seemly appearance of the Church interior”. He had refused to work from the church after the COVID-19 lockdowns were lifted, insisting on working from home and arguing that he should not be obliged to commute to the church because the community’s computer was located at his home, making the commute a waste of time.’

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Law & Religion UK, 10th January 2025

Source: lawandreligionuk.com