Transgender father loses court battle over children’s birth certificates – Daily Telegraph

‘She claimed it was discrimination and a breach of her human right to respect for her private and family life not to take the description ‘father’ off the children’s birth certificates.’

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Daily Telegraph, 21st April 2015

Source: www.telegraph.co.uk

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Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

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Cloisters, 24th April 2015

Source: www.cloisters.com

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Consent to treatment – Hailsham Chambers

Posted April 20th, 2015 in codes of practice, consent, disclosure, doctors, medical treatment, negligence, news by sally

‘Medicine is a changing field, and the way it is practised is in many ways unrecognisable today from 30 years ago. Diagnostic techniques have improved. The technology is better. New drugs come onto the market. Patients are better informed. Less and less are patients inclined to take the stance that “doctor knows best”. There is a plethora of information available through the internet enabling patients to obtain information about symptoms, investigations, treatment options, risks and side-effects; there are patient support groups; healthcare institutions issue leaflets; pharmaceutical products are labelled and contain data sheets intended to give the public information, including in relation to risks; there is a constant raising of awareness of medical accidents and perceived inadequacies of healthcare provision through the media including social media. Whistle-blowing legislation protects those within the health service who wish to remove the veil from poor standards in hospital. And there have been some high-profile inquiries and reports which have revealed severely substandard practice in some places, two obvious examples being North Staffordshire and Morecambe Bay. The result is that the person who walks through the door of a consulting room today is likely to be very different to the person who walked in 30 years ago: better informed, cannier, more suspicious perhaps, more demanding, less resigned.’

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Hailsham Chambers, 26th March 2015

Source: www.hailshamchambers.com

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Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

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Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

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Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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Trust deeds versus trustees – 11 Stone Buildings

Posted April 20th, 2015 in bankruptcy, debts, EC law, news, pensions, trustees in bankruptcy by sally

‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’

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11 Stone Buildings, 15th April 2015

Source: www.11sb.com

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CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

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Al-Saadoon and others v Secretary of State for Defence – WLR Daily

Al-Saadoon and others v Secretary of State for Defence [2015] EWHC 715 (Admin); [2015] WLR (D) 168

‘Individuals in certain test cases who had been shot by British forces in Iraq were within the United Kingdom’s jurisdiction, for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms, because they had been shot in the course of security operations in which British forces were exercising public powers normally exercised by the Iraqi government and because shooting someone involved the exercise of physical power over that person.

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

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Christofi v National Bank of Greece (Cyprus) Ltd – WLR Daily

Christofi v National Bank of Greece (Cyprus) Ltd [2015] EWHC 986 (QB); [2015] WLR (D) 170

‘There was no general power to extend the mandatory two-month time limit for an appeal against the registration of a settlement order by a party not domiciled within the jurisdiction under article 43(5) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 14th April 2015

Source: www.iclr.co.uk

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Birdseye and another v Roythorne & Co and others – WLR Daily

Birdseye and another v Roythorne & Co and others [2015] EWHC 1003 (Ch); [2015] WLR (D) 169

‘It remained the case that a person had to establish as a prima facie case that he was a beneficiary before there could be any question of the court requiring a trustee or executor to disclose documents which would be protected by privilege if the applicant were not a beneficiary.’

WLR Daily, 15th April 2015

Source: www.iclr.co.uk

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“Professional Statement” could be the key to unlocking flexible routes to the Bar, says regulator – Bar Standards Board

‘Using a Professional Statement to define what a newly authorised barrister should be able to do from “day one” – the point of being issued a Full Practising Certificate – could be the key to making qualification routes to the Bar more flexible and innovative, the Bar Standards Board (BSB) has said.’

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Bar Standards Board, 15th April 2015

Source: www.barstandardsboard.org.uk

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Changes to the Divorce Process in England and Wales: Q&A – Family Law Week

‘HM Courts & Tribunals Service explain how the forthcoming changes will affect the divorce process in England and Wales.’

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Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

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Fairness in the courts: the best we can do – Speech by Lord Neuberger

Fairness in the courts: the best we can do (PDF)

Speech by Lord Neuberger

Supreme Court, 10th April 2015

Source: www.supremecourt.uk

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News focus: law and justice pledges – Law Society’s Gazette

‘The general election manifestos are in – here’s our quick-fire summary of their headline pledges on law and justice.’

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Law Society’s Gazette, 20th April 2015

Source: www.lawgazette.co.uk

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Operation Elveden: Journalists cleared in payment trial – BBC News

‘Three journalists have been found not guilty of illegally paying public officials by a jury at the Old Bailey.’

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BBC News, 17th April 2015

Source: www.bbc.co.uk

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Man died in prison after police wrongly took him from psychiatric unit, inquest finds – The Guardian

‘Mark Groombridge killed himself in Dovegate prison two weeks after he was removed from secure ward by probation officers and recalled to prison – a move that probably contributed to his death, jury finds.’

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The Guardian, 17th April 2015

Source: www.guardian.co.uk

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“Cold Calling” company fined £75K for breach of privacy – UK Human Rights Blog

Posted April 20th, 2015 in advertising, complaints, consumer protection, EC law, fines, news, privacy, tribunals by sally

‘Although an individual’s right to privacy is usually thought of in the context of state intrusion in one form or another, in reality the real threat of intrusion in a society such as ours comes from unsolicited marketing calls.’

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UK Human Rights Blog, 17th April 2015

Source: www.ukhumanrightsblog.com

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Boy of 13 given life sentence for killing woman by stamping on her face – The Guardian

Posted April 20th, 2015 in closed circuit television, murder, news, robbery, sentencing, young offenders by sally

‘A 13-year-old boy, who killed a woman by stamping on her face, has been given a life sentence.’

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The Guardian, 17th April 2015

Source: www.guardian.co.uk

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Searching questions in the CJEU: the East Sussex County Council case – Panopticon

Posted April 20th, 2015 in EC law, fees, freedom of information, housing, local government, news by sally

‘When local authorities provide property search information, can they charge for doing so? On what legal basis? How should such charges be calculated?’

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Panopticon, 17th April 2015

Source: www.panopticonblog.com

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Glen Parva criticised over Greg Revell death – BBC News

Posted April 20th, 2015 in coroners, death in custody, inquests, news, ombudsmen, prisons, suicide, young offenders by sally

‘A coroner has criticised a young offenders’ institution for failing to identify the risk to an 18-year-old remand prisoner who hanged himself.’

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BBC News, 18th April 2015

Source: www.bbc.co.uk

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