Article 50 is actually reversible, author of the Brexit treaty clause says – The Independent

Posted February 22nd, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘The author of Article 50 has ridiculed the Government’s claim that the treaty clause cannot be stopped after it is triggered.’

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The Independent, 22nd February 2017

Source: www.independent.co.uk

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden – Cloisters

Posted February 22nd, 2017 in carers, employment, minimum wage, news by sally

‘In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achieved by extending basic workers’ rights to all but the truly self-employed.’

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Cloisters, 9th February 2017

Source: www.cloisters.com

Should heterosexual couples be allowed to enter civil partnerships? – The Guardian

‘A heterosexual couple who labelled traditional marriage as a “sexist” and “patriarchal” institution, have lost their appeal to enter into a civil partnership.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

UK prisons ‘holding child inmates in solitary confinement against UN torture rules’ – The Independent

‘British prisons are holding child inmates in solitary confinement in an alleged breach of UN torture rules and British law, The Independent has found. Lawyers in one case have launched legal action against the Government in the High Court.’

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The Independent, 21st February 2017

Source: www.independent.co.uk

Don’t use dyslexia as an excuse, judge tells ‘bully’ businessman in divorce case as he says ‘even Albert Einstein had dyslexia’ – Daily Telegraph

Posted February 22nd, 2017 in autism, divorce, dyslexia, family courts, judges, news, private hearings by sally

‘A businessman embroiled in a bitter divorce case with his estranged wife has been criticised by a judge for using his dyslexia as an excuse, telling him “even Einstein had dyslexia”.’

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Daily Telegraph, 21st February 2017

Source: www.telegraph.co.uk

Get Carter gangland murder appeal rejected – BBC News

Posted February 22nd, 2017 in appeals, Criminal Cases Review Commission, gangs, murder, news by sally

‘A bid to challenge a murder conviction that inspired the classic crime thriller Get Carter has been rejected by the High Court.’

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BBC News, 21st February 2017

Source: www.bbc.co.uk

Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

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Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

Tax barrister plans to take Uber to court over alleged £20m black hole – The Guardian

‘A leading tax lawyer is planning to challenge Uber in the courts over what he alleges could be a £20m-a-year black hole in its tax payments in the UK.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

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.’

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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.’

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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.’

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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.’

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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