Court underlines importance of full disclosure in freezing injunction cases – OUT-LAW.com

Posted November 28th, 2017 in disclosure, fraud, freezing injunctions, news, setting aside by sally

‘The English High Court has thrown out an application to set aside a without notice freezing injunction made against two defendants to a fraud action, saying the claimants had disclosed sufficient evidence for the case to proceed.’

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OUT-LAW.com, 27th November 2017

Source: www.out-law.com

Draft Drone Bill to hand police powers to tackle unsafe and criminal use – Local Government Lawyer

Posted November 28th, 2017 in aircraft, bills, health & safety, news, police, privacy by sally

‘A draft Drone Bill, to be published in spring 2018, will hand the police new powers to prevent the unsafe or criminal use of drones, the Government has announced.’

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Local Government Lawyer, 27th November 2017

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: voidable ATE insurance is not adequate security for costs – OUT-LAW.com

Posted November 28th, 2017 in costs, insurance, news by sally

‘After the event (ATE) litigation costs insurance which can be voided is not adequate security for costs, the Court of Appeal has ruled.’

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OUT-LAW.com, 27th November 2017

Source: www.out-law.com

Law Pod UK Ep.17: Prospects for the Tainted Blood Inquiry – 1 COR

Posted November 28th, 2017 in blood products, HIV, inquiries, news by sally

‘Theresa May has announced a statutory inquiry into how contaminated blood transfusions infected thousands of people with hepatitis C and HIV. Rosalind English talks to Jim Duffy about how it will differ from earlier investigations.’

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Law Pod UK, 27th November 2017

Source: audioboom.com

Thomas Horsley: In (Domestic) Courts We Trust: The European Union (Withdrawal) Bill and The Interpretation of Retained EU Law – UK Constitutional Law Association

Posted November 28th, 2017 in bills, EC law, interpretation, news, treaties by sally

‘Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European Communities Act 1972 (ECA) and offer clear guidance on judicial interpretation post-Brexit (see here). The European Union (Withdrawal) Bill provides domestic courts with that instruction as part of its effort to prepare the UK legal order for the challenges of leaving the European Union. This second post reviews the terms of that instruction and reflects on the scope that it would afford national courts to shape the development of domestic law post-Brexit.’

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UK Constitutional Law Association, 27th November 2017

Source: ukconstitutionallaw.org

Man jailed for breaching injunctions over unauthorised use of land – Local Government Lawyer

Posted November 28th, 2017 in contempt of court, injunctions, news, sentencing by sally

‘A Dorset man has been imprisoned for four months for contempt of court after he failed to comply with a number of injunction orders over his unauthorised use of land.’

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Local Government Lawyer, 27th November 2017

Source: www.localgovernmentlawyer.co.uk

Costs and Compensation in Closure Orders – UK Police Law Blog

Posted November 28th, 2017 in compensation, costs, news, police by sally

‘Where the police are unsuccessful in a closure order application there is no presumption that there be no order compensating the Respondent for financial loss. Unlike when considering the position on costs, the court’s focus on an application for compensation should be on the respondent’s behaviour, not that of the police, so held the Administrative Court in R (Qin) v Commissioner of Police of the Metropolis [2017] EWHC 2750 (Admin).’

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UK Police Law Blog, 27th November 2017

Source: ukpolicelawblog.com

Strike-off for legal aid fraud solicitor who also let untraceable junior staff member into firm – Legal Futures

Posted November 28th, 2017 in conspiracy, disciplinary procedures, fraud, legal aid, news, solicitors, striking out by sally

‘The head of a Bradford law firm has been struck off after being convicted of conspiracy to defraud the Legal Aid Agency (LAA) and also failing to supervise an unpaid junior member of staff who is suspected of producing fraudulent decree absolutes – and whose surname nobody at the firm can remember.’

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Legal Futures, 28th November 2017

Source: www.legalfutures.co.uk

EVENT: IALS – 70 Years Ago – How Universal Rights Were Being Made

Posted November 28th, 2017 in Forthcoming events by sally

‘In 1947 the United Nations was in the process of drafting what became the Universal Declaration of Human Rights in 1948, and the Institute of Advanced Legal Studies was founded. Getting agreement on what those rights would be was not easy. For example, on 6 December 1947, 70 years before this lecture, the Working Group on the Declaration considered whether the right to life began at conception. On 11 June 1948, when IALS opened in its first building at 25 Russell Square, the Commission on Human Rights rejected a French proposal that human rights should include intellectual property (which re-emerged later) and postponed discussion on a right to social security. There was nothing at all about discrimination and sexual orientation.’

Date: 6th December 2017, 5.30-7.30pm

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

Charge: Free, booking required

More information can be found here.

When divorce bites back: reputational damage and the professional adviser – Family Law

Posted November 28th, 2017 in dispute resolution, divorce, financial provision, news by sally

‘Professional advisers need to tread very carefully when a client wants to pursue an aggressive strategy to frustrate a spouse’s financial claims during divorce proceedings. Aggressive asset protection might well achieve a client’s financial objectives – at least in the short term. But the consequential reputational damage caused to the client, his or her advisers and their firms can be severe – and lasting.’

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Family Law, 28th November 2017

Source: www.familylaw.co.uk

Armin Cuyvers: Two Legal Tools to Avoid Hard Brexit: Delayed Exit and Decreasing Membership under Article 50 TEU – UK Constitutional Law Association

Posted November 28th, 2017 in constitutional reform, delay, EC law, news, treaties by sally

‘Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and EU will not be able to finalize the necessary Brexit agreements in time. Effectively, there is less than a year left, and we have not even moved beyond the Brexit bill. As an extension of the two-year term seems politically impossible in the UK, we seem left with one unlikely and one disastrous possible outcome.’

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UK Constitutional Law Association, 24th November 2017

Source: ukconstitutionallaw.org

Law Pod UK Ep 18: Do Judge Led Inquiries work? – 1 COR

Posted November 28th, 2017 in inquiries, judges, judiciary, news by sally

‘With ongoing public inquiries into tainted blood and historic child sexual abuse, Matt Hill and Gideon Barth discuss the effectiveness of judge led inquiries with Rosalind English.’

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Law Pod UK, 27th November 2017

Source: audioboom.com

Deepcut: Family of Pte Geoff Gray win case for fresh inquest – BBC News

Posted November 28th, 2017 in armed forces, inquests, news by sally

‘The family of a young soldier who died at the Deepcut army barracks 16 years ago have won a High Court action for a fresh inquest.’

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BBC News, 28th November 2017

Source: www.bbc.co.uk

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

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Employment Blog, 27th November 2017

Source: employment11kbw.com

Bereavement damages: Unmarried Chorley woman wins legal fight – BBC News

Posted November 28th, 2017 in bereavement, cohabitation, damages, human rights, news by sally

‘A woman has won her legal battle for better rights for unmarried people who lose their long-term partners.’

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BBC Mews, 28th November 2017

Source: www.bbc.co.uk

Cafcass launches ‘ground-breaking’ pilot scheme to crack down on parental alienation – Family Law

‘The Children and Family Court Advisory and Support Service (Cafcass) is running a pilot scheme to bring an end to separated parents poisoning their child against the other parent. Parents who are guilty of manipulating their child in this way may have their child taken away from them and, in the most extreme cases, they may be denied contact.’

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Family Law, 27th November 2017

Source: www.familylaw.co.uk

Keir Starmer: make funding for women’s refuges mandatory – The Guardian

Posted November 28th, 2017 in benefits, domestic violence, housing, news, social security, social services, victims, women by sally

‘Keir Starmer, the shadow cabinet member and former chief prosecutor, has called for mandatory funding for refuges amid criticism over a shake-up of funding for women’s services.’

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The Guardian, 27th November 2017

Source: www.theguardian.com

SDT warns that revised dishonesty test could cause delays in trying solicitors – Legal Futures

Posted November 28th, 2017 in delay, disciplinary procedures, news, solicitors by sally

‘The recent Supreme Court ruling that changed the test of dishonesty could cause delays and more hearings at the Solicitors Disciplinary Tribunal (SDT), its chief executive has warned.’

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Legal Futures, 27th November 2017

Source: www.legalfutures.co.uk

Re-consultation for planning applications: how to do it – Charlotte Gilmartin – UK Human Rights Blog

Posted November 28th, 2017 in consultations, local government, news, planning by sally

‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

UK justice system failing defendants with mental health issues – charity – The Guardian

‘Specialist prosecutors should review all decisions to charge suspects with mental health vulnerabilities and the defence of insanity should be amended, a law reform charity has said.’

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The Guardian, 27th November 2017

Source: www.theguardian.com