Social worker and police officer win challenge over criticisms made by judge – Local Government Lawyer

Posted November 25th, 2016 in judgments, news, police, setting aside, social services, witnesses by tracey

‘A social worker and a police officer have successfully crossed what McFarlane LJ called “legal landmines” to secure deletion of criticisms made of them by a judge.’

Full story

Local Government Lawyer, 23rd November 2016

Source: www.localgovernmentlawyer.co.uk

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Responding to human rights judgments: 2014 to 2016 – official-documents.gov.uk

Posted November 23rd, 2016 in courts, declarations of incompatibility, human rights, judgments, reports, treaties by tracey

‘This report sets out the government’s position on the implementation of human rights judgments from the European Court of Human Rights and our domestic courts.’

Full text

official-documents.gov.uk, 18th November 2016

Source: www.official-documents.gov.uk

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Jeff King and Nick Barber: In Defence of Miller – UK Constitutional Law Association

‘Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.’

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UK Constitutional Law Association, 22nd November 2016

Source: www.ukconstitutionallaw.org

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Courts reform gives stronger protection for victims and witnesses – Ministry of Justice

‘Vulnerable victims and witnesses will no longer have to appear in court under new plans to roll out pre-trial evidence sessions.’

Full press release

Ministry of Justice, 15th September 2016

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

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Smile: High Court judge uses emoji in official ruling – Daily Telegraph

Posted September 15th, 2016 in children, custody, family courts, judges, judgments, news, terrorism by tracey

‘It is the kind of document in which one might expect to find daunting legal terminology, interspersed with Latin phrases or even a smattering of Norman French.But one High Court judge has gone to previously unheard-of lengths to make a judgment in a family court case comprehensible even for the children it affects – by replacing dry terminology with a battery of down-to-earth phrases and even a smiley face symbol.’

Full story

Daily Telegraph, 14th September 2016

Source: www.telegraph.co.uk

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CA orders release of court judgment on Ellie Butler’s death – UK Human Rights Blog

‘C (a child) [2016] EWCA Civ 798. This is the most recent in the long series of legal steps touching on the violent career of Ben Butler, recently convicted of the murder of his daughter, Ellie.’

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UK Human Rights Blog, 9th August 2016

Source: www.ukhumanrightsblog.com

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In re X (A Child) (Reporting Restrictions: Guidance) – WLR Daily

In re X (A Child) (Reporting Restrictions: Guidance) [2016] EWHC 1668 (Fam)

‘Those applying for reporting restriction orders in family proceedings need to comply meticulously with the obligation to adequately notify the media in accordance with the FPR Practice Direction 12I—Applications for Reporting Restriction Orders and associate Cafcass practice note (paras 10, 25–28).’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

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Expanding the Frontiers of Indirect Discrimination: Disadvantage and Associative Discrimination – Littleton Chambers

Posted July 12th, 2016 in appeals, EC law, employment, employment tribunals, equality, judgments, news by sally

‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’

Full story

Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

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High court refuses to publish Ben Butler judgment from 2014 – The Guardian

‘A high court judge has refused to publish a 2014 judgment on the death of Ellie Butler on the grounds that her father, who has been jailed for life for her murder, might in the future face a retrial.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

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Richard Kirkham: JR55: Five Activist Strategies a Judge Should Avoid – UK Constitutional Law Association

‘The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of the case is that its impact is largely isolated to the Northern Ireland Commissioner for Complaints scheme involved, an ombudsman scheme which closed on 1st April as a result of the Public Services Ombudsman Act (Northern Ireland) 2016.’

Full story

UK Constitutional Law Association, 30th May 2016

Source: www.ukconstitutionallaw.org

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Free Speech Explained In 5 Human Rights Cases – RightsInfo

Posted June 2nd, 2016 in freedom of expression, human rights, judgments, news by sally

‘Freedom of speech, often called freedom of expression, is thought of by many as the cornerstone of a liberal democracy.’

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RightsInfo, 26th May 2016

Source: www.rightsinfo.org

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Sinclair Gardens Investments (Kensington) Ltd v Ray [2015] EWCA Civ 1247 – Tanfield Chambers

Posted April 26th, 2016 in appeals, evidence, judgments, leases, news, valuation by sally

‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’

Full story

Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

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Joint enterprise law wrongly interpreted for 30 years, court rules – The Guardian

Posted February 18th, 2016 in appeals, evidence, interpretation, joint enterprise, judgments, news, Supreme Court by sally

‘A key test imposed by judges in assessing guilt in so-called joint enterprise killings has been wrongly interpreted for the past 30 years, the supreme court has ruled.’

Full story

The Guardian, 18th February 2016

Source: www.guardian.co.uk

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Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

Posted January 29th, 2016 in divorce, EC law, financial provision, judgments, jurisdiction, news by tracey

‘Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.’

Full story

Family Law Week, 24th January 2016

Source: www.familylawweek.co.uk

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Section 20 Children Act 1989: Consent, Not Coercion – Issue or be Damned – Family Law Week

‘Jacqui Gilliatt, barrister, and Amy Slingo, pupil, both of Four Brick Court, set out lessons to be learned from the recent judgments concerning section 20.’

Full story

Family Law Week, 24th November 2015

Source: www.familylawweek.co.uk

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Even a Single Page Missing … – Zenith PI Blog

Posted November 16th, 2015 in case management, copyright, evidence, judgments, news by sally

‘A ruthless and salient reminder in procedure – make sure every page is in the bundle before the trial!’

Full story

Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

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Radicalisation: a proportionate response – Family Law Week

‘Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.’

Full story

Family Law Week, 28th October 2015

Source: www.familylawweek.co.uk

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Some Guidance on Interpretation of the Effect of the Enterprise Act – Zenith PI Blog

Posted October 6th, 2015 in employment, health & safety, judgments, news, personal injuries, regulations by sally

‘Personal injury specialists have long awaited clear guidance on how the changes effected by Section 69 of the Enterprise and Regulatory Reform Act 2013 will be interpreted by the courts.’

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Zenith PI Blog, 2nd October 2015

Source: www.zenithpi.wordpress.com

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Bridge court case: No date given for ruling – BBC News

Posted September 24th, 2015 in judgments, news, sport by tracey

‘Judgement has been reserved in a challenge against funding body Sport England’s refusal to recognise the card game bridge as a sport. Mr Justice Dove gave no indication when he would give his ruling at the end of the High Court hearing.’

Full story

BBC News, 23rd September 2015

Source: www.bbc.co.uk

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Court refuses bid to reconsider ruling because of missing page in bundle – Litigation Futures

Posted September 18th, 2015 in civil procedure rules, copyright, damages, evidence, judgments, news by tracey

‘A party that accidentally omitted an important page from its trial bundle has failed in its attempt to persuade the judge to reconsider his ruling. The claimant in Absolute Lofts as West London Ltd v Artisan Home Improvements Ltd & Anor (No2) [2015] EWHC 2632 (IPEC) made the application the day after His Honour Judge Hacon handed down his decision.’

Full story

Litigation Futures, 18th September 2015

Source: www.litigationfutures.com

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