14/08/2015 – Current Awareness

When keeping a child from their mother is in their best interests – The Guardian

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘Taking a child away from a parent is one of the most profound and far-reaching powers a court can exercise. Can it ever be in the best interests of a child to lose not only a parent but also a nationality and family heritage? These questions are prompted by the decision of the court of appeal last week that a Latvian girl, known only as CB, should be brought up by adoptive parents in the UK.’

The Guardian, 14th August 2015

Source: www.guardian.co.uk

Lord Janner not at court to face child sex abuse charges – BBC News

Posted August 14th, 2015 in child abuse, elderly, mental health, news, sexual offences, trials by tracey

‘Lord Janner has failed to appear at court to face child sex abuse charges, despite the High Court ruling he must attend a hearing.’

BBC News, 14th August 2015

Source: www.bbc.co.uk

‘It did seem to be expensive’ – Nearly Legal

Posted August 14th, 2015 in landlord & tenant, leases, news, rent, service charges by tracey

‘Gateway (Leeds) Management Ltd v (1) Naghash (2) Shamsizadeh [2015] UKUT 333 (LC). If a head leaseholder, or managing company passes on as a service charge, rent charged by a freeholder for property in order to provide services, does this amount to a variable service charge for the purposes of s.18 Landlord and Tenant Act 1985, and so only payable if the rent costs were reasonably incurred and if the services or works to which they relate were of a reasonable standard?’

Nearly Legal, 8th August 2015

Source: www.nearlylegal.co.uk

Petter v EMC: Employment Share Schemes, Choice of Forum and Anti –Suit Injunctions – did the CA take a step too far? – Employment Law Blog

Posted August 14th, 2015 in contract of employment, domicile, EC law, injunctions, news, remuneration, restrictive covenants, subsidiary companies by tracey

‘In granting the anti-suit injunction against EMC Corporation in Petter v (1) EMC Europe Limited (2) EMC Corporation [2015] EWCA Civ 828, the CA considered that it was upholding the policy in section 5 of Regulation (EU) 1215/2012 for the protection of employees from being sued other than in the courts of their domicile. But was it exceeding the limits of its jurisdiction to regulate the lawful conduct of foreigners, and interfering in the process of justice in the court of a friendly foreign state?’

Employment Law Blog, 13th August 2015

Source: www.employment11kbw.com

Leaving the EU—impact on case law and legislation – Halsbury’s Law Exchange

Posted August 14th, 2015 in bills, EC law, news, referendums, treaties by tracey

‘If the UK votes to leave the EU what will be the impact on case law and legislation? Tim Eicke QC, a leading public and EU law advocate, looks at some of the issues that might arise domestically and internationally with a decision to leave the Union.’

Halsbury’s Law Exchange, 13th August 2015

Source: www.halsburyslawexchange.co.uk

Inspector misinterpreted policy allowing “reasonable expansion” of business in midlands green belt, High Court rules – OUT-LAW.com

Posted August 14th, 2015 in environmental protection, interpretation, local government, news, planning by tracey

‘A planning inspector was wrong to stop a UK company from expanding its premises into the green belt, the High Court in the UK has said.’

OUT-LAW.com, 11th August 2015

Source: www.out-law.com

UK sets up international anti-corruption agency – OUT-LAW.com

Posted August 14th, 2015 in corruption, international relations, national crime agency, news by tracey

‘A new anti-corruption unit is being set up in the UK, under the direction of the National Crime Agency.’

OUT-LAW.com., 13th August 2015

Source: www.out-law.com

The Round-up: Controversy over the Courts Charge and Serdar Mohammed – UK Human Rights Blog

Posted August 14th, 2015 in armed forces, criminal courts charge, criminal justice, detention, news, penalties, time limits by tracey

‘The Howard League for Penal Reform has called for a review of the “unfair and unrealistic” Criminal Courts Charge, which “ penalises the poor and encourages the innocent to plead guilty”. The mandatory charge of up to £1,200 is imposed on those who admit committing minor misdemeanours, regardless of their circumstances.’

UK Human Rights Blog, 10th August 2015

Sorce: www.ukhumanrightsblog.com

Domestic violence victim wins legal action over borough residency requirement – Local Government Lawyer

Posted August 14th, 2015 in domestic violence, families, housing, judicial review, local government, news by tracey

‘A London borough’s revised housing allocations policy was unlawful, a High Court judge has ruled following a judicial review challenge by a victim of domestic violence to the application of a five-year residency requirement.’

Local Govenment Lawyer, 10th August 2015

Source: www.localgovernmentlawyer.co.uk

Prosecutors continue to tackle revenge porn across the country – Crown Prosecution Service

Posted August 14th, 2015 in Crown Prosecution Service, malicious communications, pornography, press releases, prosecutions by tracey

‘A 25-year-old man from Kidderminster has today, 13th August, been sentenced to a 12 month community order, handed a fine and ordered to pay costs, as prosecutors continue to tackle revenge porn across England and Wales using the new legislation.’

Full press release

Crown Prosecution Service, 13th August 2015

Source: www.cps.gov.uk

Pupillage Gateway opening date change on hold: Gateway must be robust not rushed – The Bar Council

Posted August 14th, 2015 in legal education, press releases, pupillage by tracey

‘The Bar Council is to delve deeper into the impact of moving the Pupillage Gateway annual opening from April to January.’

Full press release

The Bar Council, 12th August 2015

Source: www.barcouncil.org.uk

How Voluntary is Voluntary Accommodation? – Family Law Week

Posted August 14th, 2015 in children, housing, local government, news, parental responsibility by tracey

‘Leah Pitt, pupil barrister, 2 King’s Bench Walk, considers the latest developments in the use of agreements under section 20 of the Children Act 1989.’

Family Law Week, 13th August 2015

Source: www.familylawweek.co.uk

Eric Pickles to lead electoral fraud investigation into ‘rotten boroughs’ after Tower Hamlets scandal – The Independent

Posted August 14th, 2015 in corruption, elections, fraud, inquiries, news by tracey

‘An investigation into electoral fraud in “rotten boroughs” across the country is being launched in response to the Tower Hamlets corruption scandal. It will be led by the former Cabinet minister, Sir Eric Pickles, who was appointed the government’s anti-corruption tsar by David Cameron after the election.’

The Independent, 13th August 2015

Source: www.independent.co.uk

Latvian child must be adopted in the UK, judge rules – BBC News

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘A Latvian girl should be adopted in the UK, despite objections from her mother and the Latvian authorities, the Court of Appeal has ruled.’

BBC News, 13th August 2015

Source: www.bbc.co.uk

Fake lawyer Mohammed Kabba jailed for ‘tricking judges’ – BBC News

Posted August 14th, 2015 in impersonation, news, perverting the course of justice, sentencing by tracey

‘A man who tricked high-ranking judges into thinking he was a solicitor has been sentenced to 16 months in prison.’

BBC News, 14th August 2015

Source: www.bbc.co.uk

Paedophiles and sex offenders receiving record sentences as number of convictions soars – The Independent

Posted August 14th, 2015 in child abuse, news, sentencing, sexual offences, statistics by tracey

‘Soaring numbers of paedophiles and other sex offenders are being convicted and are receiving record prison sentences, new figures have disclosed.’

The Independent, 13th August 2015

Source: www.independent.co.uk

Devon care worker who filmed sex assaults jailed for 10 years – BBC News

Posted August 14th, 2015 in abuse of position of trust, care homes, elderly, news, sentencing, sexual offences, video recordings by tracey

‘A “depraved” care worker who sexually assaulted elderly patients and sent footage of the attacks to her boyfriend has been jailed for 10 years.’

BBC News, 13th August 2015

Source: www.bbc.co.uk

Lord Janner child sex abuse charges: Former Labour MP expected to appear in court – The Independent

Posted August 14th, 2015 in child abuse, elderly, fitness to plead, human rights, mental health, news, public interest, sexual offences, trials by tracey

‘Lord Janner is expected to appear in court to face child abuse charges after his lawyers lost a High Court bid to prevent him having to attend.’

The Independent, 14th August 2015

Source: www.independent.co.uk

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