Tag: indexed by MF

High Court judge stresses importance of resolving immigration status early in care proceedings – Local Government Lawyer

Posted July 23rd, 2024 in care orders, children, citizenship, guardianship, immigration, local government, news by tracey

‘A High Court judge has highlighted the need to ensure that the immigration status of a child in public law proceedings before the Family Court is clarified at the “earliest opportunity”, and that any issues with respect to that child’s immigration status are dealt with before final orders are made.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Local authority loses judicial review over refusal by minister to revoke academy order for school council considered should close – Local Government Lawyer

Posted July 23rd, 2024 in judicial review, local government, ministers' powers and duties, news by tracey

‘The London Borough of Islington has lost a judicial review claim against a decision by the Secretary of State for Education to refuse to revoke an Academy Order for a school the council considered should close.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Family Court judge criticises “manifest delay” in case where new-born child remained in foster care for over two years – Local Government Lawyer

Posted July 23rd, 2024 in children, delay, fostering, guardianship, local government, news by tracey

‘A Family Court Judge has criticised the “manifest and wholly unconscionable” delay in a case where a new-born child remained in foster care for over two years.’

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Local Government Lawyer, 22nd July 2024

Source: www.localgovernmentlawyer.co.uk

Accusations fly amid “hostility” between LSB and Bar regulator – Legal Futures

Posted July 23rd, 2024 in barristers, legal services, Legal Services Board, news, standards by tracey

‘Relations between the Legal Services Board (LSB) and the Bar Standards Board (BSB) are close to breaking point over the speed of reform at the barrister regulator.’

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Legal Futures, 23rd July 2024

Source: www.legalfutures.co.uk

Arbitration Bill re-introduced to Parliament – Law Commission

Posted July 23rd, 2024 in arbitration, bills, Law Commission, news by tracey

‘The Arbitration Bill was introduced into Parliament today. The Bill enacts the recommendations of the Law Commission to reform arbitration law.’

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Law Commission, 18th July 2024

Source: lawcom.gov.uk

What Is a ‘Predicament of Real Need’? – Financial Remedies Journal

Posted July 23rd, 2024 in divorce, financial provision, news, prenuptial agreements by tracey

‘In Radmacher (Formerly Granatino) v Granatino [2010] 2 FLR 1900 at [81] Lord Phillips of Worth Matravers said that of the three strands identified in White v White [2000] 2 FLR 981 and Miller/McFarlane [2006] 1 FLR 1186 it was needs and compensation which could most readily render it unfair to hold the parties to an ante-nuptial agreement. In relation to the former this was because:
“[t]he parties are unlikely to have intended that their ante-nuptial agreement should result, in the event of the marriage breaking up, in one partner being left in a predicament of real need, while the other enjoys a sufficiency or more, and such a result is likely to render it unfair to hold the parties to their agreement.” But what is the meaning of “predicament of real need”?’

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Financial Remedies Journal, 16th July 2024

Source: financialremediesjournal.com

Insurers hail ruling that credit hire company was the ‘real instigator’ of claim – Law Society’s Gazette

Posted July 23rd, 2024 in accidents, claims management, costs, insurance, news, road traffic by tracey

‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’

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Law Society's Gazette, 22nd July 2024

Source: www.lawgazette.co.uk

‘Justice system complicit in stalking escalation’ – BBC News

Posted July 23rd, 2024 in criminal justice, London, news, police, reports, stalking by tracey

‘The criminal justice system is failing women on stalking, a review by London’s victims’ commissioner has found.’

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BBC News, 23rd July 2024

Source: www.bbc.co.uk

Disabled man was left without care after council failures – BBC News

Posted July 23rd, 2024 in community care, compensation, delay, disabled persons, local government, news by tracey

‘A disabled man suffered “significant distress” after a council’s failings left him without care, according to a report.’

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BBC News, 23rd July 2024

Source: www.bbc.co.uk

Head teacher suing parents over ‘harassment’ – BBC News

Posted July 23rd, 2024 in bullying, families, harassment, news, school children, teachers by tracey

‘A head teacher is suing the parents of two pupils over harassment claims.’

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BBC News, 22nd July 2024

Source: www.bbc.co.uk

Babies died after hospital neglect – inquest jury – BBC News

Posted July 23rd, 2024 in birth, child neglect, hospitals, inquests, news by tracey

‘Two premature babies died within weeks of each other after neglect by a hospital, an inquest jury has found.’

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BBC News, 22nd July 2024

Source: www.bbc.co.uk

Trafficking victims being turned down for compensation in ‘horrendous failing’ – The Independent

Posted July 23rd, 2024 in compensation, criminal injuries compensation, news, psychiatric damage, trafficking in human beings, victims by tracey

‘Trafficking victims are being turned down for compensation in a “horrendous and clear failing”, the anti-slavery commissioner has said, after new figures showed how few people can access support.’

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The Independent, 23rd July 2024

Source: www.independent.co.uk

Violence against women soars by 40% as police chief brands crime rate a ‘national emergency’ – The Independent

Posted July 23rd, 2024 in child abuse, domestic violence, news, police, reports, sexual offences, statistics, women by tracey

‘Crimes involving violence against women and girls have surged by almost 40 per cent in England and Wales in recent years, according to a new report.’

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The Independent, 23rd July 2024

Source: www.independent.co.uk

‘Not acceptable in a democracy’: UN expert condemns lengthy Just Stop Oil sentences – The Guardian

Posted July 23rd, 2024 in demonstrations, environmental protection, news, public order, sentencing, United Nations by tracey

‘The lengthy multi-year sentences handed to Just Stop Oil activists are “not acceptable in a democracy”, a UN special rapporteur has said, as the government faced growing pressure to reverse the previous administration’s “hardline anti-protest” approach.’

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The Guardian, 19th July 2024

Source: www.theguardian.com

BT fined more than £17m over ‘catastrophic’ 999 call failure – The Guardian

Posted July 23rd, 2024 in emergency services, fines, news, telecommunications by tracey

‘BT has been fined more than £17m for missing 14,000 emergency calls after technical faults caused the emergency call handling service to be disrupted for nearly 11 hours last summer.’

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The Guardian, 22nd July 2024

Source: www.theguardian.com

‘Catalogue of failures’: watchdog missed chances to help Andrew Malkinson, report finds – The Guardian

Posted July 18th, 2024 in Criminal Cases Review Commission, miscarriage of justice, news, rape, reports by michael

‘A report on the Criminal Cases Review Commission’s handling of the Andrew Malkinson case has laid bare “a catalogue of failures”, finding that he could have been exonerated almost a decade earlier.’

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The Guardian, 18th July 2024

Source: www.theguardian.com

Bereaved families force law changes – why did it take so long? – BBC News

Posted July 18th, 2024 in bereavement, bills, families, health & safety, housing, inquests, news, sport, terrorism by michael

‘The inclusion of both the Hillsborough Law and Martyn’s Law in the King’s Speech is a big moment for people power.’

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BBC News, 18th July 2024

Source: www.bbc.co.uk

Appropriate assessment and multi-stage consents – Local Government Lawyer

Posted July 18th, 2024 in EC law, environmental protection, news, planning by michael

‘The Court of Appeal has clarified the requirement for appropriate assessment in multi-stage consents. Barristers at Landmark Chambers explain the ruling.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk

Inquiry into Greater Manchester police calls for end to inappropriate strip-searches – The Guardian

Posted July 18th, 2024 in detention, inquiries, news, police, stop and search by michael

‘The Baird report, which was commissioned by Andy Burnham, the mayor of Greater Manchester, and released on Thursday morning [18 July], examined 14 cases of 11 women and three men who had been treated unfairly by Greater Manchester police (GMP). It found wrongful arrests, a lack of care for domestic and sexual abuse survivors, and strip-searches being conducted forcefully on vulnerable women.’

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The Guardian, 18th July 2024

Source: www.theguardian.com

The Supreme Court on whether collateral warranties are construction contracts – Local Government Lawyer

Posted July 18th, 2024 in construction industry, contracts, news, Supreme Court, warranties by michael

‘In Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 the Supreme Court decided unanimously that the collateral warranty in issue was not a construction contract for the purposes of the 1996 Act and that most collateral warranties will also be regarded as the same. This overrules the decision of the Technology and Construction Court (TCC) in Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd [2013] EWHC 2665 (TCC). The Supreme Court’s judgment provides much-needed clarity for the industry.’

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Local Government Lawyer, 17th July 2024

Source: www.localgovernmentlawyer.co.uk