Lucy Letby: Courtroom drama, a failed appeal, and battles over the truth – BBC News

Posted July 4th, 2024 in appeals, children, hospitals, murder, news, nurses by sally

‘When former nurse Lucy Letby was convicted of murdering babies last year, news channels rolled on the story, and her mugshot was splashed across front pages and websites around the world.’

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BBC News, 4th July 2024

Source: www.bbc.co.uk

Trials and tribulation – Law Society’s Gazette

Posted July 4th, 2024 in criminal justice, Crown Court, delay, legal profession, news, prisons by sally

‘Crown courts are in crisis, reports Catherine Baksi. The backlog continues to climb, the estate is crumbling and there aren’t enough lawyers. So what’s the plan?’

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Law Society's Gazette, 2nd July 2024

Source: www.lawgazette.co.uk

Planning authorities must take account of global emissions in approvals for oil and gas fields – Supreme Court – UK Human Rights Blog

Posted July 2nd, 2024 in climate change, local government, news, oil wells, Supreme Court by tracey

‘R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents). A detailed summary of the issues and the facts in this case can be found in the Supreme Court’s Press Release. The report below gives a very short account of these followed by a focus on the majority and dissenting judgments. I quote Lord Sales in some detail as the concerns expressed in his dissent will only prevail if Parliament were to legislate for them to do so.’

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UK Human Rights Blog, 1st July 2024

Source: ukhumanrightsblog.com

Climate Change must be counted – 4-5 Gray’s Inn Square

‘Vivienne Sedgley and Simon Randle have put together a detailed analysis of a significant development from the Supreme Court in R (Finch) v Surrey County Council [2024] UKSC 20. This landmark decision mandates that Environmental Impact Assessments (EIAs) must consider not just emissions during oil extraction but also those from the eventual use of the oil as fuel.’

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4-5 Gray’s Inn Square, 25th June 2024

Source: www.4-5.co.uk

Ex-solicitor struck off 24 years ago fails in bid to return to roll – Legal Futures

‘A woman struck off as a solicitor 24 years ago has failed in her second attempt to be restored to the roll, with a tribunal saying the passage of time did not of itself justify it.’

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Legal Futures, 2nd July 2024

Source: www.legalfutures.co.uk

Court of Appeal criticises judge who ‘entered the arena to an impermissible extent’ – Law Society’s Gazette

Posted July 2nd, 2024 in cross-examination, judges, news, witnesses by tracey

‘A judge accused of cross-examining an appellant during a hearing about a rejected residence card did not act fairly in his conduct and determination of the case, the Court of Appeal has found.’

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Law Society's Gazette, 1st July 2024

Source: www.lawgazette.co.uk

Man in 100mph police chase jailed – BBC News

Posted July 2nd, 2024 in dangerous driving, drug offences, news, sentencing by tracey

‘A man from Devon has been jailed for dangerous driving after speeding with his lights off to evade capture.’

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BBC News, 1st July 2024

Source: www.bbc.co.uk

Sex abuse head teacher ‘could have been stopped’ – BBC News

Posted July 2nd, 2024 in child abuse, inquiries, news, sexual grooming, sexual offences, teachers by tracey

‘A head teacher convicted of grooming and sexually abusing four teenage girls could have been stopped, according to a parent whose daughter had unsupervised one-to-one sessions with him.’

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BBC News, 1st July 2024

Source: www.bbc.co.uk

Migrant nurse wins legal boost in unfair dismissal claim against UK firm – The Guardian

Posted July 2nd, 2024 in care workers, immigration, news, nurses, unfair dismissal by tracey

‘A migrant nurse could be eligible for a significant payout from a British healthcare company after an employment judge ruled he was likely to win his case for unfair dismissal, in a judgment that could pave the way for dozens of other such cases.’

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The Guardian, 1st July 2024

Source: www.theguardian.com

Met apologises for spying on police justice campaigners in 1980s and 1990s – The Guardian

Posted July 2nd, 2024 in demonstrations, London, news, police, spying by tracey

‘The Metropolitan police have issued a series of wide-ranging apologies to campaigners for the “indefensible” use of undercover officers to spy on them, a public inquiry has heard.’

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The Guardian, 1st July 2024

Source: www.theguardian.com

Windrush pensioner facing homelessness at 89 as Home Office ‘unable to verify her identity’ – The Independent

Posted July 2nd, 2024 in homelessness, housing, identification, local government, London, news, passports by tracey

‘An 89-year-old woman from the Windrush generation is facing homelessness because the Home Office says it cannot verify her identity.’

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The Independent, 1st July 2024

Source: www.independent.co.uk

Council refunded £1.5m to ‘gagged’ leaseholders – BBC News

‘A London council has been forcing residents into silence as a condition of them receiving money owed to them for building work and services they had been overcharged for – in some cases by tens of thousands of pounds.’

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BBC News, 30th June 2024

Source: www.bbc.co.uk

What is a ‘New Matter’ in an Immigration Appeal? – EIN Blog

Posted July 1st, 2024 in appeals, immigration, jurisdiction, news, tribunals by tracey

‘Since many immigration appeals may take months to be heard by the Immigration Tribunal, circumstances will understandably evolve, which could constitute a new matter for the purposes of the appeal. When appealing an immigration decision, it is important to consider whether a new matter is raised because the Immigration Tribunal does not have jurisdiction to consider the matter without the consent of the Secretary of State. In this post, we examine new matters in immigration appeals, asking what is a new matter in an immigration appeal and what is the process of raising a new matter in an immigration appeal? Further information on the process of appealing an immigration refusal can be found in these Part 1 and Part 2 guides on how to appeal a UK visa or immigration refusal decision.’

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EIN Blog, 1st July 2024

Source: www.ein.org.uk

Leasehold miscellaneous – Nearly Legal

Posted July 1st, 2024 in fees, forfeiture, landlord & tenant, leases, news, service charges by tracey

‘A few quick notes on various leasehold related cases. Howe Properties (NE) Ltd v Accent Housing Ltd (2024) EWCA Civ 297. Accent Housing levied a management fee on leaseholders which was at flat rate and a) differed by tenure (freehold and assured tenancies were at different rates) and b) was charged as against Accent’s management costs across its whole estate, some 3058 leasehold properties, not just this specific development.’

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Nearly Legal, 30th June 2024

Source: nearlylegal.co.uk

Pensions Ombudsman decisions offer reassurance around risks of providing online systems – OUT-LAW.com

Posted July 1st, 2024 in complaints, electronic filing, news, ombudsmen, pensions by tracey

‘Two recent decisions of the UK Pensions Ombudsman (PO) place the onus on the scheme member to use providers’ online systems correctly and to switch to alternative means of communication when those systems are unavailable.’

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OUT-LAW.com, 28th June 2024

Source: www.pinsentmasons.com

Robert Colvin and Elizabeth Forster: Rolling Judicial Reviews: A New Era of Court Monitoring in Complex Cases? – UK Constitutional Law Association

Posted July 1st, 2024 in asylum, children, judicial review, local government, news, statutory duty by tracey

‘On 5 June 2024, the Administrative Court gave its final word on relief in the (relatively) long running ECPAT UK judicial review (see R (ECPAT UK) v Kent County Council [2024] EWHC 1353 (Admin)). The case centred on Kent County Council’s (“KCC”) failure to meet its statutory duty to look after unaccompanied asylum-seeking children (“UAS children”) arriving at its coast and the Home Secretary’s systematic, routine and (ultimately) unlawful use of hotels to accommodate them outside of the care system. While the Court’s findings of illegality on the part of both defendants were uncontroversial – indeed KCC conceded it was acting (owing to a purported lack of resource) illegally (see R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 1953 (Admin), para 161) – it was the Court’s willingness to extend its usual role and monitor the defendants’ compliance with its ruling which makes this case unique.’

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UK Constitutional Law Association, 1st July 2024

Source: ukconstitutionallaw.org

New statutory guidance on the Best Value Duty – Local Government Lawyer

‘The Department for Levelling Up, Housing and Communities (DLUHC) has recently issued welcomed guidance on best value standards and interventions, following a consultation last summer, writes Olivia Carter.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Vatican taken to trial for first time in an English court – The Guardian

Posted June 27th, 2024 in foreign jurisdictions, money laundering, news, sale of land, tribunals by sally

‘The Vatican has gone on trial in an English court for the first time, accused of subjecting a British businessman to “incoherent and confused” allegations over a London property deal.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Decision to exclude mother as future carer was marred by procedural irregularity, Court of Appeal finds – Local Government Lawyer

Posted June 27th, 2024 in care orders, carers, case management, domestic violence, news by sally

‘A case management hearing during which a mother was excluded as a future carer for her child was unjust because of a procedural irregularity and must be heard by a different judge or recorder, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

The tricky task of making a Child Arrangements Order: directive or undefined? (and how to seek clarification from the judge?) – Transparency Project

Posted June 27th, 2024 in child arrangements orders, families, holidays, news by sally

‘This appeal case sheds light on the “bread and butter” work of private children law proceedings. The court and the lawyers are tasked with trying to negotiate, determine and then capture in writing the child arrangements between two parents who cannot, or will not, work together. Emotions are high and every detail feels high stakes.’

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Transparency Project, 26th June 2024

Source: transparencyproject.org.uk