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

Civil Justice Council report calls for pre-action protocol on judicial review to require parties to make positions on ADR clear – Local Government Lawyer

‘The pre-action protocol (PAP) for judicial review should be amended to make sure the parties make clear their position on alternative dispute resolution (ADR) at an early stage, a report produced for the Civil Justice Council (CJC) has recommended.’

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Local Government Lawyer, 27th November 2024

Source: www.localgovernmentlawyer.co.uk

Prisoners denied dignity while receiving NHS care, watchdog finds – The Guardian

Posted November 28th, 2024 in health, hospitals, news, prisons, reports, women by sally

‘A female inmate remained handcuffed to a male prison officer while she had a mammogram, in an example of prisoners being denied their dignity while receiving NHS care, a watchdog has revealed.’

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The Guardian, 28th November 2024

Source: www.theguardian.com

Online Safety Act duties cover gen-AI and chatbots, Ofcom confirms – OUT-LAW.com

Posted November 28th, 2024 in artificial intelligence, internet, news by sally

‘Online service providers have been given a “valuable reminder” that content generated by AI will fall in scope of the UK’s Online Safety Act’s requirements in the same way content created by human users does, an expert in technology regulation has said.’

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OUT-LAW.com, 27th November 2024

Source: www.pinsentmasons.com

High Court overturns SRA’s decision to intervene in law firm – Legal Futures

Posted November 28th, 2024 in fraud, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘The High Court has taken the almost unprecedented step of withdrawing a notice of intervention into a law firm issued by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 28th November 2024

Source: www.legalfutures.co.uk

Domestic abuse cases rarely convicted, data shows – BBC News

Posted November 28th, 2024 in domestic violence, news, police, prosecutions, statistics by sally

‘Fewer than half of domestic abuse cases in England and Wales end up as police-recorded crimes, and most of these do not lead to a prosecution, government figures suggest.’

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BBC News, 27th November 2024

Source: www.bbc.co.uk

Ex-supreme court president backs assisted dying law change – The Guardian

Posted November 28th, 2024 in assisted suicide, bills, judges, news, Supreme Court by sally

‘The former president of the supreme court who ruled on the most high-profile assisted dying cases has declared his support for the law change, as MPs backing the bill say they believe they have the numbers for Friday’s historic vote to pass.’

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The Guardian, 27th November 2024

Source: www.theguardian.com

Alex Whatley has written an analysis of Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors [2024] EWHC 1725 (Ch) – 3PB

Posted November 26th, 2024 in agency, contracts, coronavirus, misrepresentation, news, protective equipment by tracey

‘Alex Whatley has written an analysis of Advanced Multi-Technology for Medical Industry & Ors v Uniserve Limited & Ors [2024] EWHC 1725 (Ch).’

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3PB, 21st November 2024

Source: www.3pb.co.uk

Balancing consent, religious beliefs, and human rights in posthumous embryo use: EF – Law & Religion UK

Posted November 26th, 2024 in bereavement, consent, embryology, human rights, human tissue, married persons, news, surrogacy by tracey

‘In EF v Human Fertilisation and Embryology Authority [2024] EWHC 3004 (Fam), EF and his wife AB had undergone fertility treatment in 2017 at a clinic licensed by the Human Fertilisation and Embryology Authority (HFEA), during which an embryo had been created which remains stored by the clinic. Tragically, AB died unexpectedly in childbirth, and she had not signed the necessary consent form for the use of the embryo.’

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Law & Religion UK, 26th November 2024

Source: lawandreligionuk.com

Protected Conversations under section 111A of the Employment Rights Act – Kingsley Napley Employment Law Blog

Posted November 26th, 2024 in agreements, employment tribunals, evidence, news, redundancy, unfair dismissal by tracey

‘The recent EAT Judgment in Gallagher v McKinnon’s Auto and Tyres Limited is a useful decision for employers, having upheld the employer’s position regarding the inadmissibility of evidence relating to what was said in some pre-termination negotiations.’

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Kingsley Napley Employment Law Blog, 20th November 2024

Source: www.kingsleynapley.co.uk

FCA to crack down on non-financial misconduct remuneration adjustments – OUT-LAW.com

Posted November 26th, 2024 in disciplinary procedures, financial regulation, news, remuneration by tracey

‘The UK Financial Conduct Authority (FCA) is likely to take a tougher approach to policing non-financial misconduct and ensure that firms reduce employee remuneration, or even apply clawback, where non-financial misconduct is identified, an expert has said.’

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OUT-LAW.com, 25th November 2024

Source: www.pinsentmasons.com