EVENT: The Law Society – Encouraging more diversity among the Law Society’s Council, committees and Divisions

Posted February 21st, 2017 in Forthcoming events by sally

‘The Law Society is keen to encourage greater diversity in the composition of its Council policy committees and Divisions. For example, we believe that women, BAME, LGBT and younger solicitors and solicitors with disabilities are under represented on the Council, which is the elected governing body of the Law Society and sets policy on behalf of the profession. A similar pattern holds true for recruitment to the specialist committees that advise on specific areas of the law. Opportunities also exist for members to play a pro active role on our Divisions committees.’

Date: 21st March 2017, 5.30-8.30pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free, booking required

More information can be found here.

EVENT: UCL – Taking Flight – Domestic Violence and Child Abduction

Posted February 21st, 2017 in Forthcoming events by sally

‘Increasing concerns that victims of domestic violence, who flee the country with their children, are effectively being forced, under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to return to face their abusers, led to calls for a Protocol to the Convention which would make special provision for such cases. Instead, however, the Hague Conference on Private International Law has established a Working Group with the aim of developing a Guide to Good Practice in relation to article 13(1)(b) of the Convention. This provides an exception to the automatic return of children to their country of habitual residence required by article 12, where there is a grave risk that their return would expose them to physical or psychological harm or otherwise place them in an intolerable situation.’

Date: 16th March 2017, 6.00-7.00pm

Location: Gustave Tuck Lecture Theatre, Wilkins Building, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

EVENT: Birkbeck School Of Law – Criminology Series: Hillsborough: Resisting Injustice, Uncovering Truth

Posted February 21st, 2017 in Forthcoming events by sally

’15 April 1989: an inescapable crush on the terraces at Hillsborough Stadium at an FA Cup Semi-Final led to the deaths of 96 men, women and children. Hundreds of Liverpool fans were injured, thousands traumatised. Throughout the investigations and inquiries, those who died and survived were vilified amid police allegations of drunkenness, violence, criminal and abusive behaviour. The families’ unrelenting campaign for truth recovery led to disclosure of all existing documents to an Independent Panel. Its definitive report revealed institutional mendacity, corrupted evidence and partial investigation. This brought an unreserved Government apology, an ongoing criminal investigation into all agencies involved and an unprecedented IPCC investigation into 2,000 police officers. It also led to new inquests, commencing March 2014 through to 2016. Author of the highly acclaimed Hillsborough: The Truth, Phil Scraton, Professor of Criminology, Queen’s University, headed the Panel’s research and was primary author of its report. He has also been advisor to the families’ legal teams throughout the inquests. In this talk he reflects on the long-term campaign for truth, details the Panel’s extensive findings and analyses the new inquests and their outcome. Finally, he examines the impact of his critical research and truth recovery for challenging institutional injustice and holding State institutions to account.’

Date: 9th March 2017, 6.00-7.30pm

Location: 26 Bedford Way, WC1H 0AP

Charge: Free, registration required

More information can be found here.

EVENT: IALS – Governing Shadow Banking

Posted February 21st, 2017 in Forthcoming events by sally

‘This conference brings together a number of experts in the UK, US and Europe to discuss what shadow banking means and the implications for financial sector governance and regulation of both mainstream and alternative institutions and activities, which by 2014 had grown to an estimated USD$75 trillion in assets held by non-bank financial intermediary institutions.’

Date: 24th March 2017, 9.00am-4.00pm

Location: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR

Charge: See website for details

More information can be found here.

EVENT: Refugee Law Initiative – EU Law and the Politics of ‘Mass Influx’

Posted February 21st, 2017 in Forthcoming events by sally

‘The Common European Asylum System is strongly focused on the individual asylum-seeker, and the coercive regulation of her predicament and processing. In contrast, international refugee policy has long been engaged with the concept of ‘mass influx’, reflecting the realities of flight, in particular from conflict. Several EXCOM Conclusions recommend practices to be adopted in such instances. Aside from the EU’s Temporary Protection Directive, the concept of ‘mass influx’ and the practices surrounding it have little traction in EU law and policy. This talk will contextualise and problematize the concept of ‘mass influx’, and suggest that notwithstanding its many shortcomings, global refugee policy sets out important standards that are lacking in EU law.’

Date: 2nd March 2017, 6.00-8.00pm

Location: Institute of Advanced Legal Studies (Council Chamber), 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

Court rules against heterosexual couple who wanted civil partnership – The Guardian

‘A legal challenge aimed at overturning the ban on heterosexual couples entering into civil partnerships has gained ground despite defeat at the court of appeal, according to equal rights campaigners.’

Full story

The Guardian, 21st February 2017

Source: www.guardian.co.uk

Proving Propensity via Allegations of Bad Character – 2 Hare Court

Posted February 21st, 2017 in appeals, bad character, evidence, jury directions, murder, news, Supreme Court by sally

‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Miller, BrEXIT and BreUK-up – Counsel

‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

Defending Private Prosecutions – 2 Hare Court

Posted February 21st, 2017 in defences, news, private prosecutions by sally

‘Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting. Whilst much has been written of late about how to bring a private prosecution, relatively little has made its way into print about defending such cases. Whilst doing so will of course involve many of the same considerations as defending a prosecution brought by the CPS, there is an additional array of options that should be borne in mind.’

Full story

2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Finance and Divorce Update, February 2017 – Family Law Week

Posted February 21st, 2017 in appeals, divorce, financial provision, news by sally

‘Sue Brookes, and Rose-Marie Drury, both Senior Associates with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during January 2017.’

Full story

Family Law Week, 10th February 2017

Source: www.familylawweek.co.uk

Rolls-Royce – What price co-operation – Fulcrum Chambers

Posted February 21st, 2017 in bribery, deferred prosecution agreements, news, whistleblowers by sally

‘Self referral, co-operation and a balance of mitigating factors were thought to be essential ingredients before a DPA could be considered by a prosecutor. It seems only one existed in this case yet the UK’s largest DPA to date followed.’

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Fulcrum Chambers, 20th January 2017

Source: www.fulcrumchambers.com

New government guidelines will end the practice of boomerang bosses – Home Office

Posted February 21st, 2017 in consultations, emergency services, employment, fire services, news, pensions, retirement by sally

‘New government guidelines will stop senior fire officers from being re-employed in the same or similar roles after they have retired.’

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Home Office, 21st February 2017

Source: www.gov.uk/home-office

What will the Lords do with the Article 50 bill? – UCL Constitution Unit

Posted February 21st, 2017 in bills, EC law, news, parliament, treaties by sally

‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’

Full story

UCL Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

Waiving goodbye to the breach: repairing obligations and waiver of breach – The 36 Group

Posted February 21st, 2017 in appeals, landlord & tenant, leases, news, repairs by sally

‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘

Full story (PDF)

The 36 Group, 6th February 2017

Source: www.36group.co.uk

Reasons – Local Government Law

Posted February 21st, 2017 in appeals, local government, news, planning, sport by sally

‘The appeal in Oakley v South Cambridgeshire District Council (2017) EWCA Civ 71 raised the issue whether, in the particular circumstances of the case, the Planning Committee of the South Cambridgeshire District Council ought to have given reasons for granting planning permission for the development by Cambridge City Football Club, a semi-professional club, of a football stadium capable of seating three thousand people. The proposed construction is in the outskirts of Sawston in Cambridgeshire, on land which is part of the Green Belt. The application for planning permission was not only for the erection of the ground, together with associated training and parking facilities, but also for the creation of a partially floodlit recreational ground which would be gifted to the Sawston Parish Council for community use.’

Full story

Local Government Law, 17th February 2017

Source: www.11kbw.com/blogs/local-government-law

Waaler v Hounslow LBC – Arden Chambers

Posted February 21st, 2017 in appeals, leases, local government, news, service charges, tribunals by sally

‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’

Full story

Arden Chambers, 2nd February 2017

Source: www.ardenchambers.com

Secession from the European Union and Private International Law: The Cloud with a Silver Lining – Blackstone Chambers

Posted February 21st, 2017 in EC law, international law, legislation, news, regulations, speeches, treaties by sally

‘In the last six months there have been lectures, seminars, evidence-givingsand-takings, reports issued, all over town, in which the future of commercial litigation in England has been discussed. It may not be completely true that these have as their object the utter immiseration of everyone within earshot, but that does appear to be the principal effect. Those who, like me, do not seem to be invited to such gatherings are at liberty to see things rather differently. We have a once-in-a generation opportunity to compare the rules of private international law which we currently have with what we might instead have, and to take stock. When that is done, the path ahead will be seen to be rather clearer and brighter than some others would tell you it is. One certainly hears people suggesting that secession from the European Union is going to have a damaging effect, but for our private international law the truth may well be otherwise. And while the need to deal with these tasks may be an un-looked-for interruption to normal work, for some of us the chance to ask questions challenges us to think about what we would like our rules of private international law to say. My conclusion will be that less will change than most seem to suppose (or, in some cases, seem to hope for). There will be minor changes, certainly, but need be nothing major; and if anything major does change, it will not be a change for the worse. In short, though I am very fearful of sounding like the Daily Mail in human form, private international law has no cause for alarm. I should perhaps say that a fuller and footnoted version of this paper will be available from the Combar website if anyone is interested.’

Full story (PDF)

Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

Plumbing the depths of employment status as the gig economy gathers steam – Cloisters

‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’

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Cloisters, 10th February 2017

Source: www.cloisters.com

A Change is Coming – The Criminal Finance Bill and the Changes it will Bring to the Asset Recovery Landscape – Drystone Chambers

Posted February 21st, 2017 in bills, news, proceeds of crime, tax evasion by sally

‘Radical change to the Proceeds of Crime Act is coming. Below I summarise four of the areas of key changes to POCA 2002.’

Full story (PDF)

Dystone Chambers, 26th January 2017

Source: www.drystone.com

Vital Times for Human Rights Lawyers as we Face Attacks on Fundamental Rights at Home and Abroad – Garden Court Chambers

Posted February 21st, 2017 in barristers, civil justice, criminal justice, human rights, legal aid, news by sally

‘Leslie Thomas QC on the vital role of human rights lawyers in these turbulent times.’

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Garden Court Chambers, 6th February 2017

Source: www.gardencourtchambers.co.uk