Habitual Residence – Habitual Problems – Family Law Week

Posted March 26th, 2014 in appeals, divorce, domicile, EC law, families, interpretation, news by sally

‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’

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Family Law Week, 26th March 2014

Source: www.familylawweek.co.uk

The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

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Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

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No. 5 Chambers, 10th March 2014

Source: www.no5.com

“With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage – Family Law Week

Posted March 26th, 2014 in age of consent, consent, divorce, equality, gender, marriage, news by sally

‘Janet Bettle, Barrister, Trinity Chambers, Chelmsford and Jonathan Herring, Professor of Law, Exeter College, University of Oxford examine the nature of marriage and how it may evolve.’

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Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

Court of Appeal clarifies law on expert evidence – Henderson Chambers

Posted March 26th, 2014 in appeals, civil procedure rules, expert witnesses, news by sally

‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’

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Henderson Chambers, 13th March 2014

Source: www.hendersonchambers.co.uk

Is a limited recourse agreement no longer an effective weapon against winding-up? – 11 Stone Buildings

Posted March 26th, 2014 in consumer credit, EC law, insolvency, news, winding up by sally

‘This article questions the decision in ARM Asset-Backed Securities S.A. [2013] EWHC 3351 CH which found that a company was insolvent despite a contractual limited recourse provision which provided that the company was not liable to pay its bondholders more than its available funds.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

The Savile Estate Saga – Sovereign Chambers

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

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Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

‘You can’t wear that here’ – OUP Blog

‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’

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OUP Blog, 26th March 2014

Source: www.blog.oup.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 26th, 2014 in legislation by sally

The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) (Amendment) Order 2014

The HGV Road User Levy Act 2013 (Commencement No.2) Order 2014

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2014

Source: www.legislation.gov.uk

Care Proceedings: The European Dimension – Family Law Week

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

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Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

Contempt of Court: reducing the publisher’s risk of breaching court reporting restrictions – Law Commission

‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’

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Law Commission, 26th March 2014

Source: www.lawcommission.justice.gov.uk

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] EWHC 168 (QB); [2014] WLR (D) 141

‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’

WLR Daily, 5th February 2014

Source: www.iclr.co.uk

Supreme Court set to hear latest in series of village green cases – Local Government Lawyer

Posted March 26th, 2014 in appeals, commons, housing, local government, news, Supreme Court by sally

‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’

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Local Government Lawyer, 25th March 2014

Source: www.localgovernmentlawyer.co.uk

Lawrence family lawyer Imran Khan: ‘We see what the state is capable of’ – The Guardian

‘Imran Khan has been routinely portrayed as an anti‑establishment troublemaker. Now, in the wake of the Ellison report on police corruption, he explains how it feels to be vindicated.’

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The Guardian, 25th March 2014

Source: www.guardian.co.uk

Released short term prisoner face another two weeks behind bars if they ignore new supervision – Daily Telegraph

Posted March 26th, 2014 in bills, diversity, magistrates, news, rehabilitation, supervision orders by sally

‘Damian Green, Justice minister, announces new powers for magistrates to ensure new supervision orders are met.’

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Daily Telegraph, 25th March 2014

Source: www.telegraph.co.uk

Cyber-bullies could be given tougher sentences – The Independent

‘The Government today backed tougher laws that could see cyber stalkers imprisoned for up for two years.’

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The Independent, 25th March 2014

Source: www.independent.co.uk