Parachute trial judge warns jurors about bullying – The Guardian

Posted November 23rd, 2017 in bullying, juries, news by sally

‘The judge in the trial of an army sergeant accused of attempting to murder his wife by tampering with her parachute has told the jury to ensure there is no bullying between them, as he discharged two members on the grounds of ill health.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

Court of Appeal Overturns Birmingham CC v D: 16-17 Year Olds Who Lack Capacity Not Deprived of Their Liberty Within Art 5 Where Parents Consent to Their Confinement – Garden Court Chambers

‘This is the appeal from the decision of Keehan J in Birmingham CC v D [2016] EWCOP 8.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

‘I asked to go to jail, rather than stay homeless’ – BBC News

Posted November 23rd, 2017 in homelessness, imprisonment, news by sally

‘Banned from begging and sleeping in shop doorways in Middlesbrough, Bradley Grimes asked the judge in court to send him to prison rather than leave him homeless. What effect did it have?’

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BBC News, 23rd November 2017

Source: www.bbc.co.uk

“Places of Safety” Under the Mental Health Act 1983 – New Regulations – Garden Court Chambers

Posted November 23rd, 2017 in detention, mental health, news, police, regulations by sally

‘Changes to the powers under ss 135 and 136 of the Mental Health Act 1983 are being brought in by ss 80 – 83 of the Policing and Crime Act 2017 with effect from 11 December 2017. New regulations (Mental Health Act 1983 (Places of Safety) Regulations 2017/1036) were published on 31 October 2017, also due to come into effect on 11 December 2017.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

James Bulger’s killer returned to prison after probation officers ‘find child abuse images’ – Daily Telegraph

‘The killer of toddler James Bulger has reportedly been returned to prison after he was caught with child abuse images on his computer for the second time.’

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Daily Telegraph, 23rd November 2017

Source: www.telegraph.co.uk

British law must recognise Muslim marriage ceremonies – The Guardian

Posted November 23rd, 2017 in human rights, marriage, news, religious discrimination, women by sally

‘If the UK could do it for Quakers 250 years ago, is it too much to ask parliament to consider the needs of newer faith communities?’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

New Push to Make ‘Hillsborough Law’ a Reality – RightsInfo

‘The ‘Hillsborough Law‘ was first suggested after families of the 96 victims of the disaster were forced at recent inquests to defend themselves against allegations that fans had had too much to drink.’

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RightsInfo, 22md November 2017

Source: rightsinfo.org

Manchester attack: Pre-inquest hearings delayed to 2018 – BBC News

Posted November 23rd, 2017 in delay, inquests, news, terrorism by sally

‘A pre-inquest review hearing into the deaths of the Manchester Arena attack victims has been delayed until 2018.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

Security for costs: ATE policies – Hardwicke Chambers

Posted November 22nd, 2017 in civil procedure rules, costs, insolvency, insurance, judgments, news by sally

‘In a commendable judgment dated 24 October 2016 in Premier Motorauctions v Pricewaterhouse Coopers, Snowden J injected a much needed dose of realism into an issue which had, for too long, suffered from a regrettable degree of uncertainty, namely security for costs applications against parties with after the event (ATE) insurance cover. Cases this year suggest that this is now a go-to authority for applications of this sort.’

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Hardwicke Chambers, 16th November 2017

Source: www.hardwicke.co.uk

Contributory negligence and construction contracts – Hardwicke Chambers

‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’

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Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Reasonable Belief in Adverse Possession – 14 Years Later – Hardwicke Chambers

‘The doctrine of adverse possession arises from the Limitation Act 1980. Section 15(1) provides that no action shall be brought by any person to recover any land after the expiration of 12 years from the date on which the right of action accrued. Sections 1-7 provide that at the expiration of the period of 12 years the title of the paper owner is extinguished. The claim of a person to a possessory title was therefore based on the negative effect of the extinguishment of the paper owner’s title, and the basic principle that what is required for a case in trespass is not ownership, but possession or a right to possession.’

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Hardwicke Chambers, 9th November 2017

Source: www.hardwicke.co.uk

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Age Assessment: Dental Assessments, Appearance and the Benefit of the Doubt – Garden Court Chambers

‘AS was born in Afghanistan. His father, who had worked as a commander in the police, was kidnapped by the Taliban. The family were later informed that he had been killed. The Taliban came looking for AS and it was decided that he should leave the country. He arrived in the UK on 7th September 2015 and claimed asylum. He was taken into the care of Kent County Council. His stated age of 15 was not accepted and an age assessment was undertaken, as a result of which he was found to be 17 with a date of birth of 7th September 1998. Judicial review proceedings were issued challenging this decision. During the course of proceedings, Kent changed its position and argued that he was most likely to be aged 24.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Importation of Child Sex Dolls – A Need for Guidance? – Drystone Chambers

‘In recent months, there have been a number of prosecutions under the Customs and Excise Management Act 1979 (CEMA); an Act drafted in the latter part of the last century and covering the physical importation of “prohibited items” into the UK and the evasion of duties more generally. At the time, the Act caught those seeking to import pornographic videos and magazines.’

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Drystone Chambers, 26th October 2017

Source: drystone.com

The court’s role in sanctioning medical treatment and the withdrawal of medical treatment of children: “Parental autonomy and a child’s best interests: Should the courts have the final say?” – Transparency Project

Posted November 22nd, 2017 in children, family courts, medical treatment, news, parental rights by sally

‘This was the vexed question posed at the 11th Family Justice Council Annual Debate last night. (The discussion was chaired by the Right Honourable Sir James Munby, President of the Family Division of the High Court and Chairman of the Family Justice Council).’

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Transparency Project, 22nd November 2017

Source: www.transparencyproject.org.uk

UK judges to get scientific guides – BBC News

Posted November 22nd, 2017 in DNA, documents, evidence, judges, judiciary, news, statistics by sally

‘A UK Supreme Court judge has launched the first of a series of scientific guides for the judiciary.’

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BBC News, 22nd November 2017

Source: www.bbc.co.uk

The New POCA Frontier: Bitcoin and Electronic Currency, Shaping Asset Recovery in the 21st Century – Drystone Chambers

‘The question of whether the Proceeds of Crime Act 2002 (POCA) can be used to deal with Bitcoins¹ and electronic currencies has been the subject of some speculation by specialist practitioners recently. In my view it can be utilised, but it is not ideal. I will not deal with the technical difficulties in finding bitcoin accounts; what I will concentrate on in this article is finding the correct legal tools to recover the assets and what other options are available when it does not work.’

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Drystone Chambers, 23rd October 2017

Source: drystone.com

Taking the Profit out of Killing Animals – Is Asset Recovery the Answer to Poaching? – Drystone Chambers

‘It is clear that some iconic species of animals are on the brink of extinction. This is not just a crisis for those countries in which those species live, but a global issue. It will ultimately take a collaborative world-wide response to combat the problem.’

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Drystone Chambers, 6th November 2017

Source: drystone.com

G4S youth jail beset by violence, vandalism and weapons, report finds – The Guardian

Posted November 22nd, 2017 in contracting out, news, reports, secure training centres, violence, young offenders by sally

‘Surging levels of violence at an “unsafe” G4S-run youth jail have put staff in hospital and caused inmates to carry improvised weapons for their safety, inspectors have revealed.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Starham v Greene King – Falcon Chambers

‘In 2014, Starham bought a piece of land on the Harrow Road. Most of the land was being used as a beer garden by the Masons Arms pub, owned by Greene King. Starham claimed this use was a trespass. Greene King claimed it was entitled to use the land as a beer garden by virtue of a right created by a conveyance dated 24 August 1855 which it said was an easement or a restrictive covenant.’

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com