NCA failure to investigate imports linked to forced Uyghur labour unlawful, court rules – The Guardian

Posted June 28th, 2024 in appeals, China, forced labour, national crime agency, news, proceeds of crime by sally

‘The UK National Crime Agency’s decision not to launch an investigation into the importation of cotton products manufactured by forced labour in China’s Xinjiang province was unlawful, the court of appeal has found.’

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The Guardian, 27th June 2024

Source: www.theguardian.com

Former PC not guilty of assault during arrest – BBC News

Posted June 28th, 2024 in assault, news, police, professional conduct by sally

‘A former police officer has been found not guilty of assault while arresting a man in Newport.’

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BBC News, 27th June 2024

Source: www.bbc.co.uk

High Court allows 15-year-old to change name despite opposition from local authority – Local Government Lawyer

Posted June 28th, 2024 in care orders, children, families, family courts, local government, names, news by sally

‘A High Court judge has allowed an application made by a 15 year old girl to change her forename and surname, despite the application being opposed by the girl’s mother and the local authority.’

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Local Government Lawyer, 27th June 2024

Source: www.localgovernmentlawyer.co.uk

How do we understand online harms? The impact of conceptual divides on regulatory divergence between the Online Safety Act and Digital Services Act – Journal of Media Law

Posted June 27th, 2024 in internet, news by sally

‘The Online Safety Act and Digital Services Act constitute two approaches to the co-regulation of platforms based on an approach based in mitigating harm. In both instances, policy makers have framed these new legislative initiatives as world-leading. However, how ‘harm’ is understood is significantly different in both regimes, with both conceptual and practical effects. This article explores how distinct understandings of harm can serve as a basis for increased regulatory divergence between the UK and EU. While the UK considers harm in a narrow sense of the physical and psychological harms to individuals resulting from specific illegal activities, the EU considers it broadly, conceived as both harm to individuals and harms to society, with a consideration of harm as the result of systems rather than individual behaviours. This difference in understandings results in significantly different approaches to co-regulation, impacting upon the potential for cooperation, sharing of expertise, and cross-border activity.’

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Journal of Media Law, 5th June 2024

Source: www.tandfonline.com

Constance Marten and Mark Gordon found guilty of two charges – The Guardian

‘Constance Marten and her partner, Mark Gordon, have been found guilty of concealing the birth of a child and perverting the course of justice after the body of their baby daughter was found following a high-profile search, it can now be reported.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Analysing class at the Bar – Counsel

Posted June 27th, 2024 in barristers, diversity, equality, news by sally

‘If we can understand class at the Bar more accurately, we will be more effective when analysing – and combatting – classism, says Alex Benn.’

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Counsel, June 2024

Source: www.counselmagazine.co.uk

The curious case of Brown v Ridley and Schedule 6, paragraph 5(4)(c) of the Land Registration Act 2002 – Tanfield Chambers

Posted June 27th, 2024 in adverse possession, chambers articles, land registration, news by sally

‘Daniel Dovar considers the decision in Brown v Ridley [2024] UKUT 14 (LC) and the crucial nature of the timing of an application for adverse possession under paragraph 5(4)(c) of Schedule 6 to the Land Registration Act 2002.’

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Tanfield Chambers, 30th May 2023

Source: www.tanfieldchambers.co.uk

Inequity and distrust: imagining the anti-racist law school – The Law Teacher

Posted June 27th, 2024 in diversity, equality, legal education, news, universities by sally

‘Research on the experience of Black law students is hampered by a lack of trust in the legal academy by people of colour. Staff and students of colour have put emotional energy into responding to universities’ requests for feedback only for their views to be misrepresented or ignored; leading to an intergenerational distrust and therefore disengagement. This makes it difficult for law teachers to gain insight into how to decolonise the experiences of their students, leading to clumsy attempts that fail to recognise the vulnerability we demand of students. We give our law students assessments that require them to open themselves up to being judged, often including reflective exercises that reward students who expose their authentic (White) selves. We expect students to trust our assessment practices, despite there still being a considerable Black awarding gap. Black students are the least likely group to submit work – the response of law schools is to encourage Black students to submit, without addressing the underlying lack of trust. This deficit approach is inappropriate. It is our responsibility as legal educators to build trust and maintain it. This paper concludes by imagining an anti-racist law school, that deserves the trust of its Black students.’

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The Law Teacher, 10th June 2024

Source: www.tandfonline.com

Four teenagers convicted over fatal stabbing of Kennie Carter in Manchester – The Guardian

‘Four teenagers have been found guilty of killing a 16-year-old boy who was stabbed in the chest in what prosecutors described as a “cowardly” revenge attack in Manchester.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Eternal life, or dead and buried – which claims survive death? – Wilberforce Chambers

‘Lois McMaster Bujold once wrote “the dead cannot cry out for justice. It is the duty of the living to do so for them”. This articles considers how far the living may be able to go – the death of a party to current or potential litigation is not a priority in the grieving process of the loved ones left behind, but it is an aspect of litigation with which lawyers should be familiar.’

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Wilberforce Chambers, 23rd May 2024

Source: www.wilberforce.co.uk

High Court allows McKenzie Friend to exercise rights of audience – Legal Futures

‘A High Court judge has allowed a McKenzie Friend to exercise rights of audience in supporting a defendant facing an order that could lead to a jail sentence for contempt being activated.’

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Legal Futures, 27th June 2024

Source: www.legalfutures.co.uk

Government hit with judicial review after excluding onshore wind from energy policy – Local Government Lawyer

‘The High Court has granted the Good Law Project permission to challenge the Department for Energy Security and Net Zero’s decision to exclude onshore wind from its policy on energy infrastructure.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk

Ads for menopause supplements banned by regulator – The Independent

Posted June 26th, 2024 in advertising, health, menopause, news, ombudsmen, women by sally

‘Ads for supplements claiming they could treat and cure menopause symptoms such as hot flushes and weight gain have been banned by the regulator.’

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The Independent, 26th June 2024

Source: www.independent.co.uk

The Care Quality Commission’s New Inspection and Regulation Regime – Kingsley Napley Regulatory Blog

‘The Care Quality Commission (CQC) has implemented a new inspection and regulation regime which is pegged to enhance the regulation of health and social care services. This blog will detail the key changes, their rationale, practical applications, and any early signs of difficulties.’

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Kingsley Napley Regulatory Blog, 25th June 2024

Source: www.kingsleynapley.co.uk

Lake District sewage campaigners launch nuisance complaint in legal first – The Guardian

‘Campaigners fighting to stop sewage discharges into Windermere, the Lake District’s largest lake, have made a statutory nuisance complaint against a water company in the first legal action of its kind.’

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The Guardian, 26th June 2024

Source: www.theguardian.com

Different treatment for other boroughs – discriminatory policy – Nearly Legal

‘AK, R (On the Application Of) v Westminster City Council (2024) EWHC 769 (Admin). This was a judicial review of Westminster’s Allocation policy as it applied to ‘reciprocal transfers’ between another borough and Westminster.’

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Nearly Legal, 23rd June 2024

Source: nearlylegal.co.uk

Supreme Court decision defines scope of EIA around fossil fuel ’indirect effects’ – OUT-LAW.com

‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’

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OUT-LAW.com, 20th June 2024

Source: www.pinsentmasons.com

CA rules police disablement gratuity not occupational pension scheme – Pensions Barrister

‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’

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Pensions Barrister, 20th June 2024

Source: www.pensionsbarrister.com

Dentons’ breach of AML rules was “inadvertent” – Legal Futures

‘A breach of the anti-money laundering (AML) rules by Dentons, the world’s largest law firm, was “inadvertent” and did not amount to professional misconduct, the Solicitors Disciplinary Tribunal (SDT) has ruled.’

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Legal Futures, 24th June 2024

Source: www.legalfutures.co.uk