F v L (Child Arrangements Order: Relocation) – WLR Daily

Posted June 15th, 2017 in appeals, children, custody, domestic violence, law reports by sally

F v L (Child Arrangements Order: Relocation)[2017] EWHC 1377 (Fam)

‘The mother, an Italian national, sought a child arrangements order (“CAO”) under section 8 of the Children Act 1989, as amended, in respect of the child, aged five, and permission to relocate with him to Italy, alleging serious domestic abuse by the father. The Italian father opposed the application for relocation and cross-applied for a shared care CAO. Despite the recommendation in the report prepared by the CAFCASS officer that the child’s main carer be his mother and that she should be given permission to relocate to Italy, the trial judge decided not to consider or make any finding in respect of the abuse allegations, refused the mother’s application to relocate and ordered the continuance of the shared care regime. The mother appealed on the grounds, inter alia, that the trial judge had made a fundamental procedural error in failing to resolve the issue of the future care of the child prior to considering the application for relocation and had failed to make findings on the abuse allegations.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

Chugai Pharmaceutical Co Ltd v UCB Pharma SA and another; Chugai Pharmaceutical Co Ltd v UCB Biopharma SPRL – WLR Daily

Posted June 15th, 2017 in conflict of laws, jurisdiction, law reports, licensing, patents by sally

Chugai Pharmaceutical Co Ltd v UCB Pharma SA and another; Chugai Pharmaceutical Co Ltd v UCB Biopharma SPRL [2017] EWHC 1216 (Pat)

‘The first defendant in the first of two claims entered into a licence with the claimant in respect of a portfolio of patents, including a US patent, concerning tocilizumab, an immunosuppressive drug. The claimant sought, inter alia, a declaration that it was not obliged to continue to pay royalties under the licence in respect of its tocilizumab products. The defendants alleged that, although framed as a claim for a declaration relating to a contract, a part of the proceedings, in substance, concerned not only the scope but also the validity of the US patent. Accordingly, consideration of the claim would infringe the territorial limits of the courts jurisdictional powers and constitute an affront to comity (“the Moçambique rule”) and/or the foreign act of state doctrine, which militated against the English court determining issues relating to sovereign acts of a foreign state.’

WLR Daily, 26th May 2017

Source: www.iclr.co.uk

In re Gard (A Child) (Child on Life Support: Withdrawal of Treatment) – WLR Daily

Posted June 15th, 2017 in appeals, children, law reports, medical treatment by sally

In re Gard (A Child) (Child on Life Support: Withdrawal of Treatment)[2017] EWCA Civ 410

‘C, a child aged nine months, suffered from a rare inherited mitochondrial disease which led to dysfunction of several of his organ systems. His condition had progressed since his birth resulting in irreversible brain damage and an inability to move his arms or legs or to breathe unaided. His life expectancy was measured in months. His parents sought to obtain an alternative treatment, known as nucleoside therapy, that was available in the United States of America. The NHS trust which ran the hospital where C was treated applied pursuant to the inherent jurisdiction of the court for declarations that it was lawful and in C’s best interests for his artificial ventilation to be withdrawn, for his treating clinicians to provide him with palliative care only, and for him not to undergo nucleoside therapy. The judge granted the application and made the declarations sought, finding that the body of experienced medical opinion available to him, save for the doctor offering the nucleoside therapy, was unanimous to the effect that the prospect of nucleoside therapy having any benefit was effectively zero and would be futile. C’s parents sought permission to appeal on the grounds that (i) where parents put forward a viable treatment option for their child, that option could only be overriden by the court if it was established that the pursuit of that option was likely to cause the child to suffer “significant harm”, and the usual “best interests” test did not apply; and (ii) the judge had no jurisdiction to grant an order on the application of one clinical team preventing a second clinical team from carrying out a treatment that the latter had offered in the reasonable exercise of its professional judgment.’

WLR Daily, 24th May 2017

Source: www.iclr.co.uk

Children’s Investment Fund Foundation (UK) v Attorney General and others – WLR Daily

Posted June 15th, 2017 in charities, company law, law reports by sally

Children’s Investment Fund Foundation (UK) v Attorney General and others [2017] EWHC 1379 (Ch)

‘The claimant was a substantial English registered charity and a company limited by guarantee without a share capital. It was founded by the second and third defendants, who were two of its trustees and, along with L, its only members. As a result of the breakdown in the relationship between the second and third defendants it was agreed that the third defendant would resign as a member and trustee of the claimant and that she would found another registered charity, also a company limited by guarantee without a share capital. If the payment of the grant was a “payment for loss of office to a director” of the claimant for the purposes section 215 of the Companies Act 2006, it would, by section 217, prima facie require to be sanctioned by a resolution of the claimant’s members before it could be paid.’

WLR Daily, 9th June 2017

Source: www.iclr.co.uk

The Lord Slynn Memorial Lecture by Sir Terence Etherton, Master of the Rolls: The Civil Court of the Future – Judiciary of England and Wales

Posted June 15th, 2017 in civil justice, courts, internet, judges, speeches by sally

The Lord Slynn Memorial Lecture by Sir Terence Etherton, Master of the Rolls: The Civil Court of the Future

Judiciary of England and Wales, 15th June 2017

Source: www.judiciary.gov.uk

Sentencing: ‘Developmental harm’ should be considered in child cruelty cases – Law Society’s Gazette

‘Judges would assess the developmental harm caused to a child when sentencing those convicted of child cruelty under proposals published by the Sentencing Council today.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Data protection fine shows security risks from using open source software cannot be ignored, says expert – OUT-LAW.com

Posted June 15th, 2017 in computer programs, data protection, fines, local government, news by sally

‘A six-figure fine issued to a local authority in England for a breach of UK data protection laws should serve as a reminder to all organisations of their need to manage the security risks inherent in using ‘open source’ software, an expert has said.’

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OUT-LAW.com, 15th June 2017

Source: www.out-law.com

Nick Barber: The Legal Academic In the Internet Age – UK Constitutional Law Association

Posted June 15th, 2017 in internet, legal education, news, publishing, universities by sally

‘I was contemplating my lectures for the coming academic year and I started to feel annoyed – I think the two were connected. Lecturing has started to seem a rather odd and inefficient way of communicating information about constitutional law to students. Though lectures can be fun to deliver, they are also a pain. For the lecturer, they consume a significant amount of time and energy, raising a sense of déjà vu, as last year’s insights and jokes are dusted off for a new audience. But things are worse for those who have to listen to the thing: dragged into a lecture that can last for an hour or more, a moment’s lack of concentration can mean important points are missed – and few in the audience will only suffer a moment’s inattention. It is becoming obvious that the opportunities presented by the Internet will change this over the coming few years; I would bet that the old-style lecture will only last little while longer (though there are strong forces of creaking institutional inertia protecting it). Putting to one side next year’s teaching, I began to speculate on the ways in which the Internet might change the ways in which we, as legal scholars, communicate our subject to students and to people more generally in the medium term. In this post, I will reflect on how I see legal academia developing over the next five or so years – I think we are on the cusp of a very exciting and largely positive shift in the way in which we operate.’

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UK Constitutional Law Association, 14th June 2017

Source: ukconstitutionallaw.org

Poor behaviour on the part of McKenzie Friends ‘a minority concern’ – Legal Voice

‘Most litigants in person were happy with their experience of paid McKenzie Friends, according to research published this week. The study commissioned by the Bar Council found that unrepresented litigants reported ‘relatively low’ costs for such services.’

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Legal Voice, 13th June 2017

Source: www.legalvoice.org.uk

Court of Appeal to hear case over whether planning challenge was out of time – Local Government Lawyer

Posted June 15th, 2017 in appeals, news, planning, time limits by sally

‘An applicant has secured permission from the Court of Appeal to argue that his challenge in a planning case was not brought out of time.’

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Local Government Lawyer, 13th June 2017

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted June 15th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court) Decisions

High Court (Chancery Division)

Source: www.bailii.org

Supreme court narrowly rejects Northern Ireland free abortions appeal – The Guardian

Posted June 15th, 2017 in abortion, appeals, costs, health, news, Northern Ireland, Supreme Court, women by sally

‘The supreme court has ruled that women from Northern Ireland are not entitled to free access to abortions on the NHS, a decision that was condemned by campaigners as a “further blow to women” from the region.’

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The Guardian, 14th June 2017

Source: www.theguardian.com

Harlow traveller ban extended for three years – BBC News

Posted June 15th, 2017 in injunctions, news, planning, travellers by sally

‘An injunction banning travellers from setting up unauthorised camps in Harlow has been extended for three years.’

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BBC News, 14th June 2017

Source: www.bbc.co.uk

Legal challenge against remote gambling tax in the UK falters before EU court – OUT-LAW.com

Posted June 15th, 2017 in corporation tax, EC law, gambling, Gibraltar, news by sally

‘A legal challenge brought against changes to the way remote gambling operations are taxed in the UK has faltered before the EU’s highest court.’

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OUT-LAW.com, 13th June 2017

Source: www.out-law.com

Ombudsman criticises council for “systemic fault” in care home charging policy – Local Government Lawyer

Posted June 15th, 2017 in care homes, complaints, local government, news, social services by sally

‘The Local Government and Social Care Ombudsman has criticised a council for a “systemic fault” in its charging policy for care homes that could have affected a number of people in its area.’

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Local Government Lawyer, 14th June 2017

Source: www.localgovernmentlawyer.co.uk

Judge punishes firm that placed ‘scant importance’ on court orders – Law Society’s Gazette

Posted June 15th, 2017 in civil procedure rules, delay, law firms, news, striking out by sally

‘The High Court has refused a personal injury firm relief from sanctions after an excoriating analysis of its non-compliance with court orders.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Sharp v Sharp: ruling ‘gives couples more to bicker about’ – Law Society’s Gazette

Posted June 15th, 2017 in appeals, costs, divorce, financial provision, news by sally

‘A City trader has successfully challenged a divorce judgment awarding her ex-husband of four years £2.7m – in a decision that family lawyers warn raises more questions than it answers.’

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Law Society's Gazette, 13th June 2017

Source: www.lawgazette.co.uk

Breverse: Politically Problematic but Legally Possible, by Rosie Slowe – UK Human Rights Blog

Posted June 15th, 2017 in constitutional law, EC law, elections, news, parliament, treaties by sally

‘On 29 March 2017, Theresa May’s Article 50 letter of notice was delivered to Donald Tusk, thereby formally triggering the Treaty-based process for the UK’s withdrawal from the EU. The question remains: is this trajectory irreversible, or can the UK rescind its notification?’

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UK Human Rights Blog, 14th June 2017

Source: ukhumanrightsblog.com

Kenneth Armstrong: Has Article 50 Really Been Triggered? – UK Constitutional Law Association

Posted June 15th, 2017 in constitutional law, EC law, news, parliament, treaties by sally

‘With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been forgiven for thinking that the issues around the legality of the triggering of Article 50 had been settled. As we all now know, the Supreme Court decided that Parliament had to give legislative authority for UK ministers lawfully to notify the UK of its intention to withdraw from the EU. The European Union (Notification of Withdrawal) Act 2017 was enacted and the Prime Minister duly wrote President Tusk her Article 50 letter.’

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UK Constitutional Law Association, 14th June 2017

Source: ukconstitutionallaw.org

“Weak competition” and legal culture behind lack of external investment through ABS, says LSB report – Legal Futures

‘The low level of external investment in law firms since alternative business structures (ABSs) were allowed more than five years ago “may be a symptom of weak competition in the market overall”, a Legal Services Board (LSB) report has suggested.’

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Legal Futures, 15th June 2017

Source: www.legalfutures.co.uk