Are anonymity orders involving protected parties in peril? – 7BR

Posted December 5th, 2024 in anonymity, children, elderly, mental health, news, reporting restrictions by tracey

‘The very detailed judgment citing the extensive caselaw in this area in the case of PMC (a child by his mother and litigation friend FLR) v A Local Health Board on 22nd November 2024 [2024] EWHC 2969 (KB) could have very important implications for what solicitors should do when issuing proceedings and particularly those proceedings involving protected parties.’

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7BR, 29th November 2024

Source: www.7br.co.uk

No wasted costs after fundamental dishonesty: Williams-Henry v Associated British Ports [2024] EWHC 2415 (KB) – 12 King’s Bench Walk

Posted December 4th, 2024 in chambers articles, fundamental dishonesty, news, wasted costs orders by tracey

‘In this blog Megan Griffiths reviews the Defendant’s failed application for wasted costs after securing a finding of fundamental dishonesty in Williams-Henry [2024] EWHC 2415.’

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12 King’s Bench Walk , 26th November 2024

Source: 12kbw.co.uk

Changes to Procedures and Time Limits in Crown Court Asset Forfeiture Appeals – 5SAH

‘The Crown Court (Amendment No. 2) Rules 2024/1131 came into effect on 2 December 2024. They amend the Crown Court Rules 1982 (“the Rules”) which provide procedures for appeals against magistrates’ court orders for the seizure and forfeiture property under the Proceeds of Crime Act 2002 (“POCA”). These amendments concern appeals against orders for all asset forfeiture proceedings in the magistrates’ court, including those made under the Anti-Terrorism Crime and Security Act 2001 (“ATCSA”), and POCA.’

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5SAH, 3rd December 2024

Source: www.5sah.co.uk

Sergeant who punched detainee in head keeps his job – BBC News

Posted December 4th, 2024 in assault, disciplinary procedures, news, police, standards by tracey

‘A former sergeant who used “excessive force” and punched a man in the head multiple times in a cell has been allowed to continue policing.’

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BBC News, 4th December 2024

Source: www.bbc.co.uk

UK Supreme Court to hear another important AI patent case – OUT-LAW.com

Posted December 4th, 2024 in artificial intelligence, news, patents, Supreme Court by tracey

‘Commercially important questions concerning the degree to which software, including artificial intelligence (AI) systems, can be patented, are to be considered by the UK’s highest court in what will be the second important AI patent case to come before it.’

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OUTLAW.com, 3rd December 2024

Source: www.pinsentmasons.com

“Blurred distinctions” as legal aid solicitors do their own advocacy – Legal Futures

Posted December 3rd, 2024 in advocacy, barristers, civil justice, legal aid, news, reports, solicitors by tracey

‘The distinction between solicitors and barristers is becoming increasingly “blurred” in civil legal aid cases as solicitors do their own advocacy, research for the government’s review of civil legal aid has found.’

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Legal Futures, 3rd December 2024

Source: www.legalfutures.co.uk

Victims to be given more protection in stalking crackdown – Home Office

Posted December 3rd, 2024 in crime prevention, government departments, news, stalking, standards by tracey

‘Stalking victims will be better protected under a raft of new measures unveiled by the Home Office.’

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Home Office, 3rd December 2024

Source: www.gov.uk

Magistrate’s letter on ‘the acceptability of absent fathers’ leads to formal advice – Law Society’s Gazette

‘A magistrate who remarked on the “relentless rise in the acceptability of” absent fathers has been issued with formal advice.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

‘Most wanted man’ jailed for role in £4.5m drug gang – BBC News

Posted December 3rd, 2024 in conspiracy, drug trafficking, guilty pleas, news, sentencing by tracey

‘A man named on the UK’s most wanted list after supplying £4.5m worth of cocaine across the West and South West has been jailed for 18 years.’

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BBC News, 2nd December 2024

Source: www.bbc.co.uk

Covid corruption commissioner starts fraud probe – BBC News

Posted December 3rd, 2024 in coronavirus, corruption, fraud, news, protective equipment by tracey

‘The new Covid corruption commissioner has started an investigation into personal protective equipment (PPE) fraud. Tom Hayhoe’s first task will be reviewing the £8.7bn of PPE bought during the pandemic that then had to be written off the government’s books.’

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BBC News, 3rd December 2024

Source: www.bbc.co.uk

Stalking victims will be able to learn who the perpetrator is under new crackdown – The Independent

Posted December 3rd, 2024 in identification, news, restraining orders, stalking, victims by tracey

‘Stalking victims will be able to learn their perpetrator’s identity more quickly under new measures unveiled by the government. Perpetrators will be subject to a tougher restraining order system as new policies make it easier for victims to obtain Stalking Protection Orders to stop offenders from pursuing and harassing them.’

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The Independent, 3rd December 2024

Source: www.independent.co.uk

‘Dangerous’ 17-year-old handed life sentence for killing woman – The Guardian

Posted December 3rd, 2024 in firearms, murder, news, sentencing, young offenders by tracey

‘A “dangerous” teenager who shot a woman in the head through the front door of her home in east London has been handed a life sentence.’

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The Guardian, 2nd December 2024

Source: www.theguardian.com

Trees in Churchyards – Law & Religion UK

Posted December 2nd, 2024 in ecclesiastical law, faculties, news, trees by tracey

‘Trees seldom feature in the deliberations of the consistory courts, and since 2014 L&RUK has only reviewed 23 judgments in this area – just 1.9% of the total[*]. In June 2024, the Ecclesiastical Law Association (ELA) re-circulated Re St. Kenelm Upper Snodsbury [2001] Worcester Const. Ct., Mynors Ch on the basis that it was the first consistory court judgment since changes were made under the Faculty Jurisdiction Rules 2000 (SI 2047); this recognized that petitions concerning works to trees were quite different from those relating to building works and provides a special procedure accordingly.

This post includes summaries of Re St. Kenelm Upper Snodsbury and these twenty two subsequently reported cases which have been posted on L&RUK over the period 2015 to present; in descending chronological order.’

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Law & Religion UK, 2nd December 2024

Source: lawandreligionuk.com

Fees before the Tenant Fees Act, after the Tenant Fees Act. – Nearly Legal

Posted December 2nd, 2024 in fees, landlord & tenant, news, statutory interpretation by tracey

‘Martyna Switaj v Adrian McClenaghan (2024) EWCA Civ 1457. The Court of Appeal on the status of a fee related to a tenancy taken before the Tenant Fees Act 2019 came into force on 1 June 2019 and the impact on the validity of a section 21 notice.’

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Posthumous Right to Buy – Nearly Legal

Posted December 2nd, 2024 in housing, news, right to buy, succession by tracey

‘Howe v Brent London Borough Council (2024) EWCA Civ 1444. Just a quick note on this Court of Appeal judgment on whether “a family member (B) of a secure tenant with a right to buy their home (A) is able to exercise a shared right to buy if A, whose right is established, dies after B’s entitlement to share A’s right to buy has been claimed by A, but before the landlord has accepted B’s right or it has been established by the County Court.” ‘

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Nearly Legal, 1st December 2024

Source: nearlylegal.co.uk

Changes to payment practices and performance reporting for large businesses – OUT-LAW.com

‘Large businesses in the UK preparing for the 2024-25 reporting season will need to be aware of the latest changes to the payment practices and performance reporting requirements.’

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OUT-LAW.com, 29th November 2024

Source: www.pinsentmasons.com

Francesca Jackson: Should the Monarch Pay Inheritance Tax? – UK Constitutional Law Association

Posted December 2nd, 2024 in constitutional law, Crown, inheritance tax, news, royal family by tracey

‘The recent protests by farmers over changes to the rules on inheritance tax have raised questions over who, if anyone, should be exempt from paying it – including King Charles, as an episode of Newsnight has recently highlighted.’

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UK Constitutional Law Association, 2nd December 2024

Source: ukconstitutionallaw.org

Perception of harm as a material planning consideration – Local Government Lawyer

Posted December 2nd, 2024 in environmental protection, local government, news, planning by tracey

‘The perception of harm has an important role to play as part of the consideration of a planning application, writes Anne Gerzon.’

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Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

Defending cycling pothole claims – Local Government Lawyer

Posted December 2nd, 2024 in bicycles, local government, news, personal injuries, roads by tracey

‘A recent High Court ruling could help with the defence of cycling pothole claims, writes John Goodman.’

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Local Government Lawyer, 29th November 2024

Source: www.localgovernmentlawyer.co.uk

New measures to protect victims of domestic abuse – Ministry of Justice

Posted December 2nd, 2024 in domestic violence, government departments, news, victims by tracey

‘Domestic abusers will be ordered to stay away from their victims and face tougher restrictions with the launch of new protective orders today.’

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Ministry of Justice, 28th November 2024

Source: www.gov.uk