Former student fails in legal challenge over Oxford’s handling of rape claims – The Guardian

Posted May 12th, 2015 in inquiries, judicial review, news, rape, sexual offences, universities by tracey

‘A former Oxford student has failed in her attempt to overturn the university’s policy on investigating complaints of rape and sexual assault.’

Full story

The Guardian, 8th May 2015

Source: www.guardian.co.uk

Widnes hit-and-run driver jailed for seven years – BBC News

Posted May 12th, 2015 in dangerous driving, news, road traffic offences, sentencing by tracey

‘A driver who killed a cyclist in Cheshire, then tried to cover up the crime, has been jailed for seven years.’

Full story

BBC News, 12th May 2015

Source: www.bbc.co.uk

Regina (Agyarko) v Secretary of State for the Home Department; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department – WLR Daily

Posted May 12th, 2015 in appeals, families, human rights, immigration, law reports, regulations by tracey

Regina (Agyarko) v Secretary of State for the Home Departmen; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department: [2015] EWCA Civ 440; [2015] WLR (D) 205

‘Where a party who had overstayed unlawfully and married or formed a relationship with a British citizen sought leave to remain, the “insurmountable obstacles” test as to return under the Immigration Rules was a stringent test and more demanding than a mere test of whether it would be reasonable to expect a couple to continue their family life outside the United Kingdom, although the test was also to be interpreted in a sensible and practical rather than a purely literal way.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Visit visa refusals: appeal or judicial review? – Free Movement

Posted May 12th, 2015 in appeals, families, freedom of movement, judicial review, news, visas by tracey

‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’

Full story

Free Movement, 12th May 2015

Source: www.freemovement.org.uk

CCMS: a ‘flawed’ system that ‘actually deteriorates business processes’ – Legal Voice

Posted May 12th, 2015 in computer programs, legal aid, news, pilot schemes, reports by tracey

‘Specialist cost lawyers involved in pilots for the controversial new online legal aid processing system have called on the Ministry of Justice to make an “honest appraisal” before pushing ahead with implementation.’

Full story

Legal Voice, 11th May 2015

Source: www.legalvoice.org.uk

Mother paraded as “intimidated martyr” to cheat gay couple of surrogacy arrangement – Family Court – UK Human Rights Blog

Posted May 12th, 2015 in agreements, homosexuality, news, surrogacy by tracey

‘H & S (Surrogacy Arrangement) EWFC 36, 30 April 2015. M, a fifteen month old girl, was born as the result of artificial or assisted conception and of a highly contested agreement between S (the mother, a Romanian national) and H (the father, of Hungarian extraction) and B (the second applicant and H’s partner who had moved to the UK in 2004).’

Full story

UK Human Rights Blog, 11th May 2015

Source: www.ukhumanrightsblog.com

“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

Full story

Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

Judge asks: Where are all the applications to vary budgets? – Litigation Futures

Posted May 12th, 2015 in budgets, case management, judges, news by tracey

‘A leading judge has expressed his “deep unease about the desert of applications” to vary costs budgets – with practitioners responding that they are positively avoiding doing so.’

Full story

Litigation Futures, 12th May 2015

Source: www.litigationfutures.com

High Court overrules Senior Costs Judge on part 36 uplift in detailed assessments – Litigation Futures

Posted May 12th, 2015 in appeals, civil procedure rules, costs, news, part 36 offers by tracey

‘The Senior Costs Judge, Master Gordon-Saker, has been overruled by the High Court after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift to which he was entitled.’

Full story

Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

Regulator seeks new powers – Bar Standards Board

Posted May 12th, 2015 in barristers, consultations, press releases by tracey

‘The Bar Standards Board (BSB) has said that it needs new statutory powers to step into barristers’ failing chambers, companies and partnerships properly to protect the interests of clients where something has gone seriously wrong.’

Full press release

Bar Standards Board, 12th May 2015

Source: www.barstandardsboard.org.uk

Wellbeing at the Bar report – The Bar Council

Posted May 12th, 2015 in barristers, mental health, reports by tracey

‘The Wellbeing at the Bar Programme was developed to look in greater detail at the unique aspects of a barristers’ working environment and how this impacts on psychological health and wellbeing.’

Full report

The Bar Council, 11th May 2015

Source: www.barcouncil.org.uk

Stress taking its toll on barristers, survey shows – Law Society’s Gazette

Posted May 12th, 2015 in barristers, mental health, news by tracey

‘One in eight barristers are “emotionally exhausted” and more than half do not sleep properly. These are among the shocking findings of the most comprehensive survey of barristers’ wellbeing yet conducted, published by the Bar Council today.’

Full story

Law Society Gazette, 11th May 2015

Source: www.lawgazette.co.uk

“Reattribution” after MAP v MFP or “For better, for worse” – Family Law Week

Posted May 12th, 2015 in divorce, financial provision, news by tracey

‘Ella Calnan, barrister of Fourteen, considers the future prospects of claims for reattribution of expenditure in financial remedies cases.’

Full story

Family Law week, 8th May 2015

Source: www.familylawweek.co.uk

Chorister awarded £30,000 for damage to her voice – Daily Telegraph

Posted May 12th, 2015 in damages, health, hospitals, medical treatment, negligence, news by tracey

‘A pensioner left with a “weak, husky and painful” voice which rendered her unable to sing in a church choir after a botched NHS operation has been awarded £35,000 damages.’

Full story

Daily Telegraph, 11th May 2015

Source: www.telegraph.co.uk

Father jailed for rape of wife and sex assault on daughter, 2 – BBC News

Posted May 12th, 2015 in news, rape, sentencing, sexual offences by tracey

‘A father has been jailed for 20 years for sexually assaulting his two-year-old daughter and raping his wife.’

Full story

BBC News, 11th May 2015

Source: www.bbc.co.uk

Brain damaged boy awarded £13m payout from Walsall Manor Hospital – BBC News

Posted May 12th, 2015 in birth, compensation, duty of care, hospitals, news by tracey

‘A boy who suffered brain damage at birth has been awarded a £13m-compensation package. The 11-year-old will always have the mind of a six-year-old after his abnormally low sugar levels were not treated, following his birth at Walsall Manor Hospital, West Midlands, in 2003.’

Full story

BBC News, 12th May 2015

Source: www.bbc.co.uk

Home secretary hardens refusal to accept EU resettlement programme – The Guardian

Posted May 12th, 2015 in EC law, immigration, news, quotas, refugees by tracey

‘The home secretary, Theresa May, has hardened Britain’s refusal to accept a mandatory European Union refugee quota system being put forward in Brussels this week in response to the Mediterranean migrant boat crisis.’

Full story

The Guardian, 11th May 2015

Source: www.guardian.co.uk