Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

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Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

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English courts taking ‘increasingly pragmatic’ approach to correcting pension scheme deeds, says expert – OUT-LAW.com

Posted February 11th, 2016 in courts, documents, employment, news, pensions, rectification by sally

‘A run of recent decisions shows the “increasingly pragmatic approach” that the courts in England are adopting when faced with applications to fix mistakes in pension scheme deeds, an expert has said.’

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OUT-LAW.com, 9th February 2016

Source: www.out-law.com

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Justice demands court records are kept – The Independent

Posted January 26th, 2016 in appeals, archives, courts, documents, news by sally

‘Open and accountable justice requires records to be kept. Those who believe they are the victim of a miscarriage of justice need to know what was said at their trial if they are to show that they have been wrongly convicted. It seems extraordinary, therefore, that official guidelines require the destruction of the recordings of court cases after seven years. ‘

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The Independent, 24th January 2016

Source: www.independent.co.uk

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Doubts raised over UK government’s refusal to permit return to Chagos – The Guardian

Posted January 25th, 2016 in armed forces, Chagos Islands, documents, human rights, indigenous peoples, news by sally

‘For more than half a century the displaced people of the Chagos Islands have sought to return to their home, a collection of coral reefs in the Indian Ocean that constitutes one of the more far-flung outposts of the British empire.’

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The Guardian, 23rd January 2016

Source: www.guardian.co.uk

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Regina v R and others – WLR Daily

Posted January 14th, 2016 in appeals, criminal procedure, disclosure, documents, evidence, law reports by sally

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

‘The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

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Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

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UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

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Regina (AZ) v Secretary of State for the Home Department – WLR Daily

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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Lawyers face prospect of being struck off over Iraq abuse claims – Daily Telegraph

‘Leigh Day, Britain’s leading human rights law firm, is facing a disciplinary inquiry over the shredding of a document which could have halted a £31m inquiry into false allegations of murder and torture by British troops.’

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Daily Telegraph, 5th January 2016

Source: www.telegraph.co.uk

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Attorney General’s guidelines on information security and government work – Attorney General’s Office

‘Guidelines for civil panel counsel, revised to include the new government security classifications.’

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Attorney General’s Office, 18th November 2015

Source: www.gov.uk/ago

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Activist Abdurraouf Eshati admits £18.6m arms plot role – BBC News

Posted October 27th, 2015 in asylum, documents, firearms, guilty pleas, news, terrorism by sally

‘A Libyan activist has admitted his part in an international network plotting an £18.6m deal to bring arms to the war-torn country.’

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BBC News, 26th October 2015

Source: www.bbc.co.uk

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Right to rent checks introduced for landlords in England – Home Office

Posted October 21st, 2015 in bills, documents, human rights, immigration, landlord & tenant, news, passports, penalties, rent by sally

‘The government has announced today that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.’

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Home Office, 20th October 2015

Source: www.gov.uk/home-office

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In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) [2015] EWHC 2602 (Fam); [2015] WLR (D) 387

‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

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‘Vilified’ doctor cannot publish patient’s private information – Panopticon

‘In the Matter of C (A Child) (Application by Dr X and Y) [2015] EWFC 79 involved, in the words of Munby J, an unusual and indeed unprecedented application. It pitted the right to defend one’s reputation against the privacy and confidentiality rights of others. In this case, the latter won.
Dr X had treated C and C’s mother; he had also been an expert witness in the family court care proceedings concerning C. C’s mother was unhappy about the treatment given by Dr X. She complained about him to the GMC, whose Fitness to Practise panel in due course found the allegations against Dr X to be unproven. C’s mother also criticised Dr X publicly in the media.’

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Panopticon, 1st October 2015

Source: www.panopticonblog.com

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Part 3 of the 2015 Immigration Bill – enforcement – Free Movement

Posted October 1st, 2015 in bills, crime, documents, enforcement, evidence, immigration, news, stop and search by sally

‘Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers.

A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to curtail leave, rather to simply determine whether leave has been given and act accordingly. So someone arriving in the UK even with the appropriate leave will now have a lingering uncertainty as to whether they will be allowed in. This is likely to affect few migrants, but is indicative of the greater powers given to immigration officers throughout the Bill.’

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Free Movement, 1st October 2015

Source: www.freemovement.org.uk

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CPS considering Knowl View child sex abuse allegations – BBC News

‘Evidence gathered as part of a major police inquiry into abuse at a school in Rochdale is now being considered by the Crown Prosecution Service.’

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BBC News, 16th September 2015

Source: www.bbc.co.uk

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Impact of FOIA on legal professional privilege – OUT-LAW.com

Posted September 15th, 2015 in documents, freedom of information, news, privilege by tracey

‘An intriguing summary has emerged on Lawtel (subscription required) of a decision of the Chancery Division (John Jarvis QC) in a case called Hallows v Wilson Barca LLP, which suggests that the duties imposed on public bodies by the Freedom of Information Act 2000 (FOIA) can be relevant to the common law doctrine of legal professional privilege.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

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Children Public Law Update (September 2015) – Family Law Week

Posted September 10th, 2015 in adoption, care orders, children, costs, documents, families, legal aid, news by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of significance to child care lawyers.’

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Family Law Week, 2nd September 2015

Source: www.familylawweek.co.uk

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Shipman reforms ‘could have saved Furness General Hospital babies’ – BBC News

‘Baby deaths at an NHS hospital could have been prevented if reforms recommended after the Harold Shipman case were made, it has been claimed.’

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BBC News, 5th September 2015

Source: www.bbc.co.uk

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Sir Brian Leveson admonishes immigration solicitors – Free Movements

‘The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin). The cases are often referred to as Hamid cases, after the first such case, Hamid [2012] EWCA 3070 (Admin).’
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Free Movement, 2nd September 2015

Source: www.freemovement.org.uk

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Chilcot report delays blamed on ‘vested interests’ – The Guardian

Posted September 1st, 2015 in delay, disclosure, documents, evidence, inquiries, Iraq, judges, news, reports, war by sally

‘Anger over continued delays in the publication of the report into the Iraq war has swung back against the government with allegations that “vested interests” have tried to suppress evidence.’

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The Guardian, 29th September 2015

Source: www.guardian.co.uk

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