No child transfer to the EU under Article 15 BIIR without a best interests analysis of its effects on the child – Family Law Week

‘Roger McCarthy QC and Mark Twomey, barrister, of Coram Chambers address the central point of the Supreme Court’s judgment in Re N (Children) [2016] UKSC 15.’

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Family Law Week, 13th April 2016

Source: www.familylawweek.co.uk

The Family Justice Council Guide to Sorting Out Finances on Divorce – Family Law Week

‘Stuart Clark, Associate Solicitor at The International Family Law Group LLP, reviews the newly published guide for LiPs dealing with their financial matters after divorce or civil partnership dissolution.’

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Family Law Week, 14th April 2016

Source: www.familylawweek.co.uk

Kent police officer wins racial discrimination case against force – The Guardian

Posted April 15th, 2016 in news, police, race discrimination, victimisation by tracey

‘A British Asian police officer stationed at Kent police’s outpost near the Channel tunnel entrance at Calais has won a case alleging that the force victimised and racially discriminated against him.’

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The Guardian, 14th April 2016

Source: www.guardian.co.uk

EU referendum: Leave.EU abandons legal challenge – BBC News

Posted April 15th, 2016 in elections, news, political parties, referendums by tracey

‘A proposed legal challenge to the Electoral Commission’s decision to make Vote Leave the official Out campaign in the EU referendum has been abandoned.’

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BBC News, 14th April 2016

Source: www.bbc.co.uk

Chilcot report expected to single out senior British military figures – The Guardian

Posted April 15th, 2016 in armed forces, inquiries, news, reports, war by tracey

‘Senior military figures will be singled out for criticism alongside Tony Blair and other establishment figures in the long-awaited Chilcot report into the 2003 invasion of Iraq, which is due to be handed to Downing Street next week.’

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The Guardian, 14th April 2016

Source: www.guardian.co.uk

HMRC investigates just 35 wealthy tax evaders per year, report reveals – Daily Telegraph

‘HMRC investigated just 35 wealthy people for tax evasion last year, prompting a committee of MPs to warn the level of action is “woefully inadequate” in the wake of the Panama Papers tax avoidance scandal.’

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Daily Telegraph, 15th April 2016

Source: www.telegraph.co.uk

Police watchdog to take over inquiry into officers’ alleged £1m fraud – The Guardian

Posted April 15th, 2016 in complaints, fraud, inquiries, news, police by tracey

‘The Independent Police Complaints Commission (IPCC) will take over an investigation into allegations of a £1m fraud at the Police Federation of England and Wales.’

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The Guardian, 15th April 2016

Source: www.guardian.co.uk

The Landlord’s intention under the 1954 Act – Falcon Chambers

Posted April 14th, 2016 in appeals, landlord & tenant, news by sally

‘Part II of the Landlord and Tenant Act 1954, which confers security of tenure on business tenants, is perhaps one of the most widely used and best understood pieces of legislation in the field of property litigation. It is therefore relatively rare for those provisions to be considered at the level of the Court of Appeal.’

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Falcon Chambers, 3rd March 2016

Source: www.falcon-chambers.com

Raising funds to modernise the Probate Service – Hardwicke Chambers

Posted April 14th, 2016 in consultations, fees, internet, news, probate by sally

‘A banded approach to probate fees has been proposed by the Ministry of Justice (MoJ). Views are sought on proposals to impose fees of between £300 and £20,000, depending on the value of the estate. The value of an estate below which no fee is payable would rise from £5,000 to £50,000. The consultation is open until 1 April 2016.’

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Hardwicke Chambers, 29th March 2016

Source: www.hardwicke.co.uk

Adding Insult to Injury – Byrom Street Chambers

Posted April 14th, 2016 in damages, disabled persons, news, personal injuries by sally

‘This paper seeks to explore how causation and quantum should be determined where a pre-existing injury is worsened, or an additional injury is super imposed upon a pre-existing injury, by a Defendant’s negligence.’

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Byrom Street Chambers, 30th March 2016

Source: www.byromstreet.com

Judges’ reforms threaten the role of lay legal advisers – The Guardian

Posted April 14th, 2016 in fees, legal representation, litigants in person, McKenzie friends, news by sally

‘Following legal aid cuts, plans to bar McKenzie Friends from charging fees will put help beyond financial reach for many.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

The Bar and shared parental leave – Cloisters

‘Since Shared Parental Leave (SPL) came into force a year ago on 5 April 2015, I have written, lectured and advised widely about this new legal entitlement. The people I have not engaged with much about SPL are barristers – for the key reason that as self-employed professionals rather than employees, they are excluded from this legal entitlement.’

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Cloisters, 7th April 2016

Source: www.cloisters.com

Adverse possession and control – Falcon Chambers

Posted April 14th, 2016 in adverse possession, land registration, news by sally

‘We like being in control. As lawyers, we want to be in control. What is more, sometimes the law requires our clients to be in control. And the law determines if a person is truly in control. In the legal context instances where control may be an issue include the control of companies and the control of vehicles. In the field of property, the concept of control rears its head in connection with adverse possession.’

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Falcon Chambers, March 2016

Source: www.falcon-chambers.com

Control of Documents – New Square Chamber

Posted April 14th, 2016 in civil procedure rules, disclosure, documents, news, subsidiary companies by sally

‘What happens when a party to proceedings refuses to give disclosure of documents held by its subsidiary? Can the parent company simply refuse to give disclosure on the basis that the subsidiary is a separate legal entity? CPR 31.8 provides that a party is obliged to give disclosure of documents in its “control.” In Ardila v ENRC [2015] EWHC 3761 (Comm) Males J sought to reconcile the competing first instance and appellate decisions on whether a parent company can be said to control the documents of its subsidiary.’

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New Square Chambers, 11th April 2016

Source: www.newsquarechambers.co.uk

UK has ‘legal duty’ to challenge Saudi Arabia over Yemen airstrikes – The Guardian

Posted April 14th, 2016 in international law, news, war, weapons by sally

‘The British government must challenge Saudi Arabia over whether it is using UK weapons to breach international humanitarian law by launching indiscriminate airstrikes in Yemen, a leading lawyer has told the UK arms export control select committee.’

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The Guardian, 13th April 2016

Source: www.guardian.co.uk

The Equality Act and Regulators – Which Forum? – Littleton Chambers

Posted April 14th, 2016 in appeals, courts, doctors, employment tribunals, equality, news, tribunals by sally

‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’

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Littleton Chambers, 24th March 2016

Source: www.littletonchambers.com

Leave.EU to launch legal challenge against Electoral Commission decision to promote rival Out campaign – The Independent

Posted April 14th, 2016 in elections, news, political parties, referendums by sally

‘One of the groups campaigning to leave the European Union has said it will launch a legal challenge against a decision to designate its rival as the official Out campaign.’

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The Independent, 13th April 2016

Source: www.independent.co.uk

English courts still among most generous on divorce – Law Society’s Gazette

Posted April 14th, 2016 in choice of forum, divorce, financial provision, news by sally

‘England and Wales still remains one of the most generous jurisdictions for financially dependent spouses, despite greater judicial appetite for making ex-spouses provide for themselves, research by an international firm reveals.’

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Law Society’s Gazette, 13th April 2016

Source: www.lawgazette.co.uk

London borough gets enforcement agencies procurement challenge struck out – Local Government Lawyer

Posted April 14th, 2016 in bailiffs, contracting out, local government, London, news, public procurement by sally

‘The London Borough of Waltham Forest has successfully applied to the High Court for a procurement challenge to be struck out.’

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Local Government Lawyer, 13th April 2016

Source: www.localgovernmentlawyer.co.uk

What are you referring to…?” The increased latitude required when considering adjudicators’ jurisdiction – Hardwicke Chambers

Posted April 14th, 2016 in arbitration, construction industry, contracts, jurisdiction, news by sally

‘With both the US and London mayoral elections gaining momentum, and leading commentators poised to offer independent research, enlivened views and sage analysis, you really would be forgiven for not having had your eyes trained on recent enforcement action in the TCC.’

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Hardwicke Chambers, 1st April 2016

Source: www.hardwicke.co.uk