EVENT: RSA – Prison Reform at a Crossroads

Posted February 22nd, 2017 in Forthcoming events by sally

‘The prison reform agenda in the UK has reached a critical stage of development with new legislation expected in the coming months and the expansion of the ‘Reform Prisons’ model which gives governors greater freedoms.

Nils Öberg will join Rachel O’Brien, who has led the RSA’s work on prisons, to share his experience in prisons and probation – the results, challenges and what the reform agenda in the UK can learn from this.’

Date: 8th March 2017, 6.00-7.00pm

Location: Great Room Auditorium, RSA House

Charge: Free, booking required

More information can be found here.

EVENT: University of Westminister – Righting Wrongs: Enforcing Human Rights, Administering International Criminal Justice Conference

Posted February 22nd, 2017 in Forthcoming events by sally

‘Westminster Law School are pleased to host a conference exploring the connections between human rights and international criminal justice from the perspective of the institutions of international criminal justice, canvassing academic, practitioner and advocacy vantage points. In particular, this conference seeks to untangle the relationship between international human rights law and international criminal law in the investigation, prosecution and judgment of international crimes.

We are delighted to welcome academics, practitioners and civil society participants to Westminster for the conference, including:

Professor Rob Cryer, University of Birmingham,
Rogier Bartels, Legal Officer in Chambers of the International Criminal Court and
Edward Jeremy, Trial Lawyer in the Office of the Prosecutor of the International Criminal Court’

Date: 10th March 2017, 10.00am-5.00pm

Location: Portland Hall, University of Westminster, 4-12 Little Titchfield Street (Westminster Law School, Regent Library)

Charge: Free, registration required

More information can be found here.

EVENT: IALS – The Bubble Reputation: Protecting, Inflating, Deflating and Preserving It

Posted February 22nd, 2017 in Forthcoming events by sally

‘Speaker: James Michael, Senior Associate Research Fellow, IALS; Chair, IALS Information Law and Policy Centre

Chair: Sir Geoffrey Bindman QC

Does, or should, everyone have a right to a reputation, and if so, should that be the reputation that is desired, deserved, or created? If there is a right to a reputation, should it be malleable to the point of infinity, to be extended, amended, or deleted? And is a posthumous reputation the property of the dead, the next of kin, or a larger community? Cases and statutes from various jurisdictions give varying answers, sometimes reflecting national and regional cultural and historical differences, but the contrasts may point the way for international standards.’

Date: 8th March 2017, 6.00-8.00pm

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

Charge: Free, booking required

More information can be found here.

Why pass FOI laws? The politics of freedom of information – The Constitution Unit

Posted February 22nd, 2017 in foreign jurisdictions, freedom of information, legislation, news by sally

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

Full story

The Constitution Unit, 16th February 2017

Source: www.constitution-unit.com

Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

Full story

Local Government Law, 21st February 2017

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

Miller and the modern British Constitution – Counsel

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers

Posted February 22nd, 2017 in estoppel, leases, news, service charges, tribunals by sally

‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:

Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and

Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’

Full story

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

Full story

Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’ – Cloisters

Posted February 22nd, 2017 in care orders, children, family courts, gender, news, social services, transsexuals by sally

‘This is part two of a two-part series on trans rights from leading equality and human rights barrister Claire McCann at Cloisters. Part one explores toilets and gender identity.’

Full story

Cloisters, 14th February 2017

Source: www.cloisters.com

Family Court proceedings: gender reassignment and ultra-orthodox Judaism – Cloisters

Posted February 22nd, 2017 in contact orders, equality, family courts, human rights, Judaism, news, transsexuals by sally

‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’

Full story

Cloisters, 1st February 2017

Source: www.cloisters.com

Maximising mini-pupillage – Counsel

Posted February 22nd, 2017 in barristers, diversity, legal profession, news, pupillage by sally

‘No contacts, no mini-pupillage? Dr Elaine Freer examines the state of work experience at the Bar in light of recent guidance for chambers and her own research on socio-economically disadvantaged aspirant entrants.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

Formula Milk and Human Rights: Council That Removed Baby Pays Damages – RightsInfo

Posted February 22nd, 2017 in compensation, damages, families, human rights, local government, news by sally

‘A local council who took a newborn baby boy from his parents violated their human right to family life and a fair trial, a judge has ruled.’

Full story

RightsInfo, 17th February 2017

Source: www.rightsinfo.org

Top lawyers warn of human rights crisis after Brexit – The Guardian

Posted February 22nd, 2017 in EC law, human rights, international relations, news by sally

‘Leading lawyers and legal experts are warning that Brexit could trigger a human rights crisis in the UK that threatens to have a ‘domino effect’ across Europe.’

Full story

The Guardian, 21st February 2017

Source: www.guardian.co.uk

Adopting Scottish Children in England – Family Law Week

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

Full story

Family Law Week, 14th February 2017

Source: www.familylawweek.co.uk

Parental consent not required for section 20 accommodation – Community Care Blog

‘Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26.’

Full story

Community Care Blog, 9th February 2017

Source: www.communitycare11kbw.com

Legal records at risk – Counsel

Posted February 22nd, 2017 in archives, barristers, confidentiality, documents, legal history, legal profession, news by sally

‘The Bar is in danger of losing its distinct legal heritage, warns Clare Cowling – who outlines the considerable research value to be found in chambers records’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

Search engines and rights holders finalise new code to address online copyright infringement – OUT-LAW.com

Posted February 22nd, 2017 in codes of practice, computer programs, copyright, internet, news by sally

‘Google and Microsoft, together with representatives from the UK creative industries, have agreed on a new voluntary code to address online copyright infringement.’

Full story

OUT-LAW.com, 22nd February 2017

Source: www.out-law.com

How is the PLO working? What is its impact on court process and outcome? – Family Law Week

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

Full story

Family Law Week, 17th February 2017

Source: www.familylawweek.co.uk

Accident victims “forced into rehab by greedy lawyers” – Litigation Futures

‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Cure for all ills? – Counsel

Posted February 22nd, 2017 in advocacy, barristers, consultations, criminal justice, fees, legal aid, news by sally

‘Fees are still too low, but the Bar has developed a better settlement for criminal practitioners to reward advocacy in a fairer and more transparent way. Now it’s up to the profession to make their voices heard and respond to the consultation, as Daniel Oscroft explains.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk