Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

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Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

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Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

Young terrorism suspects could avoid prosecution in plan for diversion scheme – The Guardian

Posted December 19th, 2024 in criminal justice, government departments, news, terrorism, young offenders by sally

‘Young terrorism suspects could avoid prosecution if they agree to a diversion scheme, in a new government plan to cope with the post-lockdown surge in youngsters drawn to violent extremism.’

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The Guardian, 17th December 2024

Source: www.theguardian.com

Watchdog says police unprepared for scale of riots – BBC News

Posted December 19th, 2024 in immigration, murder, news, ombudsmen, police, public order, violent disorder by sally

‘Police were unprepared for the scale of disorder that broke out in part of the UK following the Southport knife attacks, a police watchdog has found.’

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BBC News, 19th December

Source: www.bbc.co.uk

Grenfell families complain to architect regulator – BBC News

Posted December 17th, 2024 in accidents, building law, construction industry, fire, housing, insolvency, negligence, news by tracey

‘The families of three people who died in the Grenfell Tower fire are supporting a letter of complaint to a regulator about the architects involved in the block’s refurbishment.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

UK illegal content codes ‘fire starting gun’ for Online Safety Act compliance – OUT-LAW.com

Posted December 17th, 2024 in children, codes of practice, internet, news by tracey

‘The outlining of new measures to address “illegal harms” “fires the starting gun” for service providers’ compliance with the UK’s Online Safety Act (OSA), experts have said.’

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OUT-LAW.com, 17th December 2024

Source: www.pinsentmasons.com

Care proceedings and recusal – Local Government Lawyer

Posted December 17th, 2024 in adoption, appeals, bias, care orders, families, family courts, judges, local government, news, recusal by tracey

‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’

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Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Adherence to the Public Law Outline in London – issues for family lawyers – Local Government Lawyer

Posted December 17th, 2024 in delay, families, family courts, local government, London, news by tracey

‘Rebecca Davies discusses the Family Presiding Judge for London, Mr Justice MacDonald’s new practice note and strategy aimed at reducing the huge backlog and delay in the London family courts and how family lawyers may be affected.’

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Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Little sign of slowdown in solicitor-client costs disputes – Legal Futures

Posted December 17th, 2024 in appeals, costs, dispute resolution, news, solicitors, statistics by tracey

‘Few costs lawyers have seen a reduction in disputes between solicitors and their clients despite 2022’s Court of Appeal ruling in Belsner, their representative body has reported.’

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Legal Futures, 17th December 2024

Source: www.legalfutures.co.uk

Anurag Deb: The language of laws: Situating legislative drafting in its proper context – UK Constitutional Law Association

Posted December 16th, 2024 in bills, constitutional law, drafting, news by tracey

‘One aspect of the recent debates surrounding the Terminally Ill Adults (End of Life) Bill moved by Kim Leadbeater MP was the criticism expressed of the Bill’s drafting – that is, the actual text of the Bill’s provisions as distinct from their underlying policy objectives or purposes. The concerns with this language were largely put to bed when it emerged that the Bill had been drafted by Dame Elizabeth Gardiner, the former First Parliamentary Counsel (FPC, the head of the Office of the Parliamentary Counsel – the legal drafters who draft Bills moved in the UK Parliament).

In this post, I want to challenge two ideas about how the language of a Bill emerges, not least because legislative drafting is a seldom discussed, and (with respect to those who have engaged with this issue in the context of the Leadbeater Bill) considerably underappreciated, aspect of how primary legislation is made at Westminster and its devolved counterparts.’

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UK Constitutional Law Association, 16th December 2024

Source: ukconstitutionallaw.org

Misuse of private information: Google and DeepMind Technologies – UK Human Rights Blog

‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private information against the respondents Google UK Limited (Google) and DeepMind Technologies Limited (DeepMind). The action was on behalf of Mr Prismall and a class of persons said to number approximately 1.6 million.’

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UK Human Rights Blog, 13th December 2024

Source: ukhumanrightsblog.com

Court of Protection Update – December 2024 – Local Government Lawyer

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Making FGM protection orders – Local Government Lawyer

Posted December 16th, 2024 in children, families, female genital mutilation, local government, news by tracey

‘A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Providing support for children with complex needs – Local Government Lawyer

‘Alex Ruck Keene KC (Hon) examines a recent High Court case concerning the Mental Health Act, “detainability,” and judicial scrutiny (and the real underlying problems of children with complex needs).’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Courts reform to see quicker justice for victims and keeps streets safe – Ministry of Justice

‘Victims of crimes will see the perpetrators face justice more quickly under a once-in-a-generation review of criminal courts, the Lord Chancellor announced today (12 December).’

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Ministry of Justice, 12th December 2024

Source: www.gov.uk

Solicitors over-reliant on their COLPs, says SRA – Legal Futures

‘Too many solicitors only check their professional obligations when things go wrong and are over-reliant on their firm’s compliance officer for legal practice (COLP) to keep on top of regulatory issues, according to Solicitors Regulation Authority (SRA) research.’

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Legal Futures, 16th December 2024

Source: www.legalfutures.co.uk

UK and Germany set out joint action for people smuggling law reform – Home Office

‘UK and Germany agree landmark plan to break the business model of people smuggling gangs, with Germany confirming intention for law change.’

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Home Office, 10th December 2024

Source: www.gov.uk

Aspiring barristers from underrepresented groups supported by Bridging the Bar 2024 Outreach Programme – Courts and Tribunals Judiciary

Posted December 16th, 2024 in barristers, courts, diversity, equality, news by tracey

‘In November 2024, 17 aspiring barristers from underrepresented groups participated in a five-day paid internship at the High Court and Court of Appeal.’

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Courts and Tribunals Judiciary, 12th December 2024

Source: www.judiciary.uk

Serving claim form on ‘persons unknown’ out of jurisdiction now requires hearing – Law Society’s Gazette

Posted December 16th, 2024 in disclosure, media, news, service out of jurisdiction by tracey

‘Future applications for permission to serve a claim form on ‘persons unknown’ out of the jurisdiction in claims in the media & communications list should not be dealt with without a hearing, a High Court judge has ruled.’

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Law Society's Gazette, 16th December 2024

Source: www.lawgazette.co.uk

‘My sister was electrocuted in St James’s Park’ – BBC News

Posted December 16th, 2024 in accidents, health & safety, London, news, personal injuries by tracey

‘A woman is taking legal action after she was electrocuted in a central London park, putting her in intensive care and leaving her with memory problems.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk