Law experts demand inquiry into Met policing of pro-Palestine protest – The Guardian

Posted January 22nd, 2025 in demonstrations, freedom of expression, Israel, London, news, police, proportionality by sally

‘More than 40 legal scholars have signed a letter calling for an independent inquiry into the Met’s policing of a pro-Palestine protest in London on Saturday, describing it as “a disproportionate, unwarranted and dangerous assault on the right to assembly and protest”.’

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The Guardian, 21st January 2025

Source: www.theguardian.com

Woman awarded thousands after routine tooth extraction leaves her in intensive care – The Independent

Posted January 22nd, 2025 in compensation, damages, dentists, news by sally

‘A London mother-of-three has received an £8,500 settlement after a routine tooth extraction resulted in a fractured jaw, haemorrhage and a stay in intensive care.’

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The Independent, 22nd January 2025

Source: www.independent.co.uk

PM statement on the Southport public inquiry: 21 January 2025 – Prime Minister’s Office, 10 Downing Street

‘Prime Minister Keir Starmer delivered a statement on the Southport public inquiry today.’

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Prime Minister's Office, 10 Downing Street, 21st January 2025

Source: www.gov.uk

How the personal injury discount rate change affects you and your clients – St John’s Chambers

Posted January 22nd, 2025 in chambers articles, compensation, damages, news, personal injuries by sally

‘Following the 2024 Personal Injury Discount Rate (DR) review, the current DR of -0.25% will change to +0.5%, effective from 11 January 2025.’

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St John's Chambers, 12th December 2024

Source: www.stjohnschambers.co.uk

Commerce over care: exploring legal advice given in potential economic abuse cases – Legal Ethics

Posted January 22nd, 2025 in debts, families, legal advice, news, solicitors, surety, women by sally

‘This paper argues that solicitors are required to lawyer relationally when delivering independent legal advice (ILA) to (predominantly) women set to provide suretyship for their intimate partner’s debts. Case law tells us that women providing suretyship may be entering the transaction under the coercion of their partner. Coerced debt is a form of economic abuse, which in turn is a form of domestic abuse. ILA in this context therefore provides an important intervention to potentially assist victims of abuse before entering (potentially more) debt at the hands of their abuser. To make ILA purposeful, solicitors must prioritise relational values/dynamics such as consultation, care, judgement, and empowerment; the anti-thesis of market-exchange lawyering which is characterised by the values such as objectivity and detachment. Market-exchange lawyering is also associated with ethical apathy as lawyers prioritise their client’s means-ends above all else, therefore failing to consider the broader implications of those ends (in terms of their client’s best interests and/or the public interest). Drawing on interview data with 22 solicitors, it is demonstrated that most interviewees provide tick-box ILA prioritising completion. That is, most interviewees prioritised values of commerce over values of care when acting for women who may be experiencing economic abuse.’

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Legal Ethics, 15th January 2025

Source: www.tandfonline.com

New Acts – legislation.gov.uk

Posted January 22nd, 2025 in legislation, parliament, Russia, Ukraine, war, women by sally

Financial Assistance to Ukraine Act 2025 c. 3

Commonwealth Parliamentary Association and International Committee of the Red Cross (Status) Act 2025 c.2

Lords Spiritual (Women) Act 2015 (Extension) Act 2025 c.1

Source: www.legislation.gov.uk

Why employers must review their employment contracts after 31.12.2024: Legality of clawback clause – EIN Blog

Posted January 20th, 2025 in employment, government departments, immigration, news by sally

‘As of 31 December 2024, the Home Office introduced significant updates to its guidance for sponsors of Skilled Workers and Temporary Workers. These changes explicitly prohibit employers from passing specific sponsorship costs onto workers, reinforcing compliance requirements for sponsors. This article explores the key updates, legal implications, and best practices for employers to protect their business and sponsor licence.’

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EIN Blog, 20th January 2025

Source: www.ein.org.uk

Service of documents – post and deemed service – Nearly Legal

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

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Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

New UK Procurement Act procedures offer greater flexibility – OUT-LAW.com

Posted January 20th, 2025 in local government, news, public procurement by sally

‘The Procurement Act 2023 provides greater flexibility, replacing existing procurement procedures with a new competitive flexible procedure (CFP).’

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OUT-LAW.com, 17th January 2025

Source: www.pinsentmasons.com

Cassandra Somers-Joce and Joe Tomlinson: When Are Public Bodies Legally Required to Proactively Collect Data? – UK Constitutional Law Association

‘In a recent Administrative Court decision, the Secretary of State for the Home Department was found to be in breach of the Public Sector Equality Duty (the “PSED”), contained in s.149 of the Equality Act 2010, due to failing to collect and monitor statistical equality data relating to the provision of asylum accommodation to vulnerable individuals. The judgment in R (DXK) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (“DXK”) builds upon a developing line of cases which have found that the duty to have ‘due regard’ under the PSED may require a decision maker to proactively obtain information, rather than simply to consider existing information. It also provides an interesting exploration of the relationship between the circumstances in which the PSED will require the collection of information by a public body decision maker, and the common law duty of inquiry.’

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UK Constitutional Law Association, 20th January 2025

Source: ukconstitutionallaw.org

Post Office scandal “shows that privilege needs urgent reform” – Legal Futures

‘The Post Office inquiry shows that legal professional privilege (LPP) presents “significant problems of principle and practice” and needs urgent reform, leading academics have argued.’

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Legal Futures, 20th January 2025

Source: www.legalfutures.co.uk

Next steps to tackle child sexual exploitation – Home Office

‘Home Secretary Yvette Cooper gave an update on the actions the government will take to protect young people from sexual abuse and grooming gangs.’

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Home Office, 16th January 2025

Source: www.gov.uk

In depth: Class action bandwagon checked – Law Society’s Gazette

Posted January 20th, 2025 in class actions, competition, consumer protection, news, tribunals by sally

‘This autumn, it will be exactly 10 years since the Consumer Rights Act ushered in a new class action regime by allowing opt-out collective proceedings over infringements of competition law. The landscape has certainly changed: according to the Class Representatives Network, set up in 2023 by former financial ombudsman and high-profile class representative Walter Merricks CBE, 44 claims under the new regime have so far been filed to the Competition Appeal Tribunal (CAT).’

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Law Society's Gazette, 19th January 2025

Source: www.lawgazette.co.uk

Jailed solicitor’s ex-wife is subject of SFO’s first unexplained wealth order – Law Society’s Gazette

‘The Serious Fraud Office has been granted its first unexplained wealth order to recover a £1.5m Lake District property owned by the ex-wife of convicted solicitor Timothy Schools.’

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Law Society's Gazette , 20th January 2025

Source: www.lawgazette.co.uk

Prince Harry versus newspapers: This is the one that matters – BBC News

Posted January 20th, 2025 in damages, interception, media, news, privacy, royal family by sally

‘Unless there is a sudden and staggering plot twist, Prince Harry’s legal battle against British tabloids for allegedly unlawfully intruding into his life reaches its most important moment on Tuesday when his claims against The Sun and the long-closed News of the World, come to trial.’

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BBC News, 19th January 2025

Source: www.bbc.co.uk

Abuse report care pupils felt like ‘troublemakers’ – BBC News

‘Former pupils at a residential school caring for vulnerable young people have said they were ignored when reporting claims of abuse.’

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BBC News, 20th January 2025

Source: www.bbc.co.uk

Drill rapper who killed schoolboy Jimmy Mizen recalled to prison – The Independent

Posted January 20th, 2025 in artistic works, BBC, bereavement, murder, news, prisons, probation by sally

‘A drill rapper who killed the schoolboy Jimmy Mizen has been recalled to prison after “shamelessly boasting about his violent crime”, the Probation Office said.’

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The Independent, 17th January 2025

Source: www.independent.co.uk

Prosecutors to press on with manslaughter cases despite Kiena Dawes verdict – The Guardian

‘The not guilty verdict in the trial of a man accused of driving a young mother to suicide will not deter future manslaughter charges, with more such prosecutions already in the pipeline, a senior prosecutor has said.’

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The Guardian, 19th January 2025

Source: www.theguardian.com

Barristers call for radical rethink on ‘tough’ sentencing – The Bar Council

Posted January 20th, 2025 in barristers, criminal justice, news, sentencing by sally

‘Successive governments’ “tough on crime” pledges will not be met through longer prison sentences, the Bar Council argues in a new submission to the sentencing review.
In response to the Gauke review’s call for evidence, the Bar Council’s submission – written by a working group of criminal barristers – points to the fact that while sentences have been getting longer, the latest data from the ONS shows an increase in almost every area of crime.’

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The Bar Council, 19th January 2025

Source: www.barcouncil.org.uk

Private conversations and standards of propriety: DPP v Cobban – Journal of Media Law

‘This comment considers the decision of the Divisional Court in DPP v Cobban, looking at the application of s 127 of the Communications Act 2003 and the compatibility with Articles 8 and 10 of the ECHR. The comment argues that the decision is significant in imposing a criminal restriction to uphold standards of propriety in relation to a closed conversation between consenting adults. The comment also questions whether the reach of the decision can be limited to a context that involves police officers. The decision points to the limited protection of expression rights and highlights the ongoing problems of s 127 in applying a standard of gross offence in a speech crime.’

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Journal of Media Law, 10th January 2025

Source: www.tandfonline.com