Woman who used conveyancers to litigate probate dispute told to repay money lost to estate – Legal Futures

Posted August 26th, 2016 in news by sally

‘A woman who obtained a grant of letters of administration and then used a firm of licensed conveyancers to defend herself against a claim from other potential beneficiaries, has been told by the High Court that she has to pay back to the estate nearly £87,000 given to the firm that has been lost.’

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Legal Futures, 26th August 2016

Source: www.legalfutures.co.uk

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Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

Posted August 26th, 2016 in news by sally

‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’

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UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

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Legal, contractual and ethical issues arise from increased robotics in manufacturing, says expert – OUT-LAW.com

Posted August 26th, 2016 in news by sally

‘The anticipated rise in the use of robots will force manufacturers to rethink contracts with technology suppliers to ensure risks stemming from their use can be passed on.’

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OUT-LAW.com, 25th August 2016

Source: www.out-law.com

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Insurance fraudster who tried to blame his solicitor jailed for eight months – Litigation Futures

Posted August 26th, 2016 in news by sally

‘A man who brought a fraudulent personal injury claim, and then tried to blame his solicitor for bringing the action without his knowledge, has been jailed for eight months for contempt of court.’

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Litigation Futures, 25th August 2016

Source: www.litigationfutures.com

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EVENT: LSE – Human Rights after Brexit: still on fantasy island?

Posted August 26th, 2016 in Forthcoming events by sally

‘As Home Secretary, Theresa May was more hostile to human rights than was any other cabinet minister in David Cameron’s government. Now as Prime Minister she must not only make a definitive decision about where human rights fit in her vision of Britain but also whether they can have any place at all in light of the need to reconstruct Brexit Britain. Is this another piece of European clutter than needs now to be thrown out? Does the Human Rights Act get in the way of negotiating Brexit with the EU? Might it even prevent radical change on for eg immigration after Brexit is achieved? Or as many Tories have long argued, is the answer a new bill of rights for Britain? Or perhaps the answer is no change at all – might a defiantly unrepealable Human Rights Act be our lifeline to a civilised Continent, preserved until the country comes to its senses and returns to the European family?’

Date: 8th December 2016, 6.30-8.00pm

Location: Sheikh Zayed Theatre, New Academic Building

Charge: Free

More information can be found here.

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10 interesting facts about criminal justice – OUP Blog

Posted August 26th, 2016 in news by sally

‘Why are young offenders treated differently? Why can’t prisons be the answer to each and every single crime? And what is the best way to ensure an easy transition for offenders that are about to be released? Julian Roberts, author of Criminal Justice: A Very Short Introduction, tells us the top 10 things everyone should know about criminal justice, and what the chances and limitations of the Western system are.’

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OUP Blog, 26th August 2016

Source: www.blog.oup.com

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Strip club to go to court to challenge licence renewal refusal – Local Government Lawyer

Posted August 26th, 2016 in news by sally

‘A Leicester strip club is to go to a magistrates’ court to challenge the city council’s refusal to renew its licence.’

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Local Government Lawyer, 26th August 2016

Source: www.localgovernmentlawyer.co.uk

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The wheels of justice turn slowly, but grind small – Nearly Legal

Posted August 26th, 2016 in news by sally

‘Or how to end up with a personal liability for £100,000 within 5 years of qualification as a solicitor.’

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Nearly Legal, 26th August 2016

Source: www.nearlylegal.co.uk

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Why a Tribunal has mis-applied human rights law in closing an independent religious school – Education Blog

Posted August 26th, 2016 in news by sally

‘In a very recent appeal against a decision to deregister a school whose curriculum centred around the Muslim faith, the First Tier Tribunal has attempted to apply Article 9. It appears, however, to have got it wrong.’

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Education Blog, 25th August 2016

Source: www.education11kbw.com

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Over 330 physical retailers stop selling formerly legal highs – The Guardian

Posted August 26th, 2016 in news by sally

‘More than 330 shops, takeaways, tattoo parlours, petrol stations and newsagents have stopped selling formerly legal highs three months after the blanket ban on novel psychoactive substances, according to newly released Home Office figures.’

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The Guardian, 26th August 2016

Source: www.guardian.co.uk

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Primary school head teacher Ashley Yates jailed for using spy pen to film pupils in toilet – The Independent

Posted August 26th, 2016 in news by sally

‘A primary school head teacher who filmed children and adults using the toilet has been jailed for two years and eight months.’

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The Independent, 25th August 2016

Source: www.independent.co.uk

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Third-party JR funders must be allowed anonymity – Law Society’s Gazette

Posted August 26th, 2016 in news by sally

‘Third-party funders in judicial review proceedings should be identified to defendants only in exceptional circumstances, the Law Society has said in response to government plans to require anyone contributing more than £3,000 to declare their identities.’

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Law Society’s Gazette, 25th August 2016

Source: www.lawgazette.co.uk

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Under-18 terror detainments triple in two years – BBC News

Posted August 26th, 2016 in news by sally

‘The number of under-18s detained under the Terrorism Act when entering or leaving the UK has more than tripled over two years, new figures suggest.’

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BBC News, 28th August 2016

Source: www.bbc.co.uk

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Prevent Duty Part 3: British Values, Human Rights and handling “due regard” duty in practice – Cloisters

‘In this third article Declan O’Dempsey looks at the concept of “British Values” in the context of the Prevent Duty. It appears in the definition of “extremism” in the Guidance. British values are mentioned in the Guidance. However only examples are given of what constitute British values. In a post Brexit discussion these values have taken on a more important aspect. To what extent is tolerance a British Value?’

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Cloisters, 16th August 2016

Source: www.cloisters.com

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QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action – Hardwicke Chambers

Posted August 25th, 2016 in civil procedure rules, costs, evidence, interpreters, news, striking out by sally

‘There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases.’

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Hardwicke Chamebrs, 17th August 2016

Source: www.hardwicke.co.uk

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Clearer on costs – Hardwicke Chambers

Posted August 25th, 2016 in costs, landlord & tenant, news, regulations, tribunals by sally

‘Rule 13(1) of the Tribunal Procedure (First-tier Tribunal)(Property Chamber) Rules 2013 (SI 2013/1169) provides that the Property Chamber of the First Tier Tribunal (FTT) may order costs(other than fees) in several limited circumstances. Of most interest to landlords, managing agents and others involved in FTT cases is r 13(1)(b), which provides for costs orders (in agricultural land and drainage, residential property or leasehold cases) “if a person has acted unreasonably in bringing, defending, or conducting proceedings”.’

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Hardwicke Chambers, 5th August 2016

Source: www.hardwicke.co.uk

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Kratzer v RAV AG: Access to Employment versus access to compensation – Cloisters

Posted August 25th, 2016 in age discrimination, compensation, EC law, employment, news by sally

‘Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school leavers” or “recent graduates.” Estimates suggest that Mr Berry presented over 60 such claims, several of which led to financial settlement. A number of these claims ultimately made their way to Underhill P in Berry v Recruitment Revolution and ors UKEAT/0419/10/LA etc. On that occasion the EAT determined that an individual who has not applied for a role advertised in discriminatory terms and was not deterred from so applying had no right to compensation.’

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Cloisters, 18th August 2016

Source: www.cloisters.com

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Prevent Duty Part 4: Practical operation of a “due regard” duty: lessons from the Equality Act 2010 for the application of the Prevent Duty by universities – Cloisters

‘In his fourth article on Prevent Duty Declan O’Dempsey looks at the similarities between the Prevent Duty to have due regard and consider what the practical application of that duty to have due regard will look like in the light of the existing body of case law on the analogous s 149 of the Equality Act 2010.’

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Cloisters, 22nd August 2016

Source: www.cloisters.com

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Government sets out new measures to tackle extremism in prisons – Ministry of Justice

Posted August 25th, 2016 in freedom of expression, Islam, news, prison officers, prisons by sally

‘Extremists to be held in ‘specialist units’, a crackdown on extremist literature and tightened vetting of prison chaplains.’

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Ministry of Justice, 22nd August 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

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Administrative Court Judicial Review Guide 2016: Help for persons representing themselves (“litigants in person”)? – Cloisters

Posted August 25th, 2016 in Administrative Court, courts, judicial review, litigants in person, news by sally

‘In this blog I consider the Administrative Court’s Judicial Review Guide 2016 (“the Guide”). It is undoubtedly a massive help for solicitors, barristers and other legal advisers who are dealing with judicial review claims even on an infrequent basis. How much help can it be for a litigant in person?’

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Cloisters, 1st August 2016

Source: www.cloisters.com

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