The right of appeal against refusal of a residence card: where are we up to? – UK Human Rights Blog

Posted February 28th, 2018 in human rights, immigration, news, regulations by sally

‘One way for an immigrant to gain the right to be in the UK is by making an application under the Immigration Rules. But these applications are relatively expensive and the requirements have become increasingly stringent.’

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UK Human Rights Blog, 27th February 2018

Source: ukhumanrightsblog.com

The importance of considering all the options in relocation cases – Family Law

Posted February 28th, 2018 in appeals, children, news, residence orders by sally

‘Family analysis: Catherine Wood QC, of 4 Paper Buildings, reviews the decision in Re M (International Relocation: Welfare Analysis) [2017] EWCA Civ 2356 in which the Court of Appeal held that the judge had failed to carry out the sophisticated and complex analysis required in a relocation case.’

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Family Law, 27th February 2018

Source: www.familylaw.co.uk

Evidence not being disclosed on a daily basis, lawyers say in survey – BBC News

Posted February 28th, 2018 in criminal justice, Crown Prosecution Service, disclosure, evidence, news, solicitors by sally

‘More than 1,000 criminal lawyers in England and Wales have experienced disclosure of evidence failings in the last year, according to a BBC survey.’

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BBC News, 27th February 2018

Source: www.bbc.co.uk

Mother beat baby to death after authorities failed to share information – Daily Telegraph

Posted February 28th, 2018 in child abuse, murder, news, reports, social services by sally

‘A mother beat her baby to death after the authorities failed to share details of the ‘early signs of neglect’ in the family, a serious case review has found.’

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Daily Telegraph, 27th February 2018

Source: www.telegraph.co.uk

Court of Appeal backs unsuccessful claimant against council over QOCS application – Local Government Lawyer

Posted February 28th, 2018 in appeals, civil procedure rules, costs, local government, news, personal injuries by sally

‘The Court of Appeal has allowed an appeal brought by an unsuccessful personal injury claimant over whether the qualified one-way costs shifting (“QOCS”) regime in the Civil Procedure Rules applied to his claim involving a local authority.’

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Local Government Lawyer, 27th February 2018

Source: www.localgovernmentlawyer.co.uk

Court of Appeal overturns ruling denying claimant QOCS protection – Litigation Futures

Posted February 28th, 2018 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘A judge was wrong to order an unsuccessful claimant to pay the costs of parties added to a pre-LASPO personal injury claim after the qualified one-way cost shifting (QOCS) rules came into force, the Court of Appeal has ruled.’

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Litigation Futures, 27th February 2018

Source: www.litigationfutures.com

Regulator begins new sector-focused crackdown on cartels – OUT-LAW.com

Posted February 28th, 2018 in competition, construction industry, financial regulation, news, whistleblowers by sally

‘The UK’s Competition and Markets Authority (CMA) will target “industries that are at a greater risk of cartels forming” as part of a new campaign to crack down on anti-competitive behaviour.’

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OUT-LAW.com, February 2018

Source: www.out-law.com

Harpist who performed for the Queen jailed for sexually abusing boy – The Guardian

Posted February 28th, 2018 in child abuse, news, sentencing, sexual offences by sally

‘A renowned harpist who has performed for the Queen and several prime ministers has been jailed for sexually abusing a schoolboy in the 1980s. Danielle Perrett was sentenced alongside her former fiance Richard Barton-Wood. They were found guilty of indecently assaulting the boy in separate incidents while he was in his early teens.’

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The Guardian, 27th February 2018

Source: www.theguardian.com

Barristers, solicitors, and the Four Inns of Court of England – OUP Blog

Posted February 28th, 2018 in barristers, inns of court, legal profession, news, solicitors by sally

‘After many years of attempting to explain the need for two kinds of lawyer in the United Kingdom to exasperated and confused European colleagues – and even US ones – I have lighted on the following language. Solicitors are a primary market of legal services. They are profit-sharing organisations in which senior lawyers manage teams of junior lawyers to do almost everything their clients want. They operate just like any law firm around the world, save to the extent that their life is made easier by the existence of a secondary legal services market, which must be accessed either through them or lawyers overseas, which is known as barristers, or the Bar.’

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OUP Blog, 26th February 2018

Source: blog.oup.com

Stalking laws prevent you finding out if your partner is cheating, jilted husband claims – Daily Telegraph

Posted February 28th, 2018 in costs, married persons, news, restraint orders, sentencing, stalking by sally

‘Stalking laws are being used to prevent people discovering if their partners are cheating on them, a jilted husband has claimed.’

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Daily Telegraph, 27th February 2018

Source: www.telegraph.co.uk

Helen Newlove: ‘Victims should never be let down by the justice system’ – The Guardian

Posted February 28th, 2018 in criminal justice, news, parliament, victims by sally

‘The victims’ commissioner on her fight for a long-overdue law to get vulnerable people heard.’

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The Guardian, 27th February 2018

Source: www.theguardian.com

Why English courts are opening in the EU – BBC News

Posted February 28th, 2018 in choice of forum, courts, dispute resolution, foreign jurisdictions, news by sally

‘According to French reports, the new “international chamber” is an attempt to capitalise on Brexit and steal London’s crown as a global hub for lucrative commercial legal disputes.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

‘Four large black men’ at inquest followed by police, hearing told – The Guardian

Posted February 28th, 2018 in death in custody, inquests, investigatory powers, news, police, racism by sally

‘Police launched an unauthorised surveillance operation at short notice after they became concerned about the presence of “four large black men” at an inquest into a death in custody, a misconduct panel has heard.’

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The Guardian, 27th February 2018

Source: www.theguardian.com

Is there a problem with unregistered schools? – BBC News

Posted February 28th, 2018 in child abuse, education, Islam, Judaism, local government, news by sally

‘School inspectors have warned that there are hundreds of unregistered schools but that they have few powers to investigate or shut them down.’

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BBC News, 27th February 2018

Source: www.bbc.co.uk

Third of all lawyers believe disclosure problems have led to miscarriages of justice – Daily Telegraph

‘The scale of the disclosure crisis facing the criminal justice system has been laid bare, after a survey found that half of all lawyers were now running into problems on a daily basis and a third saying they believed it had resulted in wrongful convictions.’

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Daily Telegraph, 27th February 2018

Source: www.telegraph.co.uk

EU to publish first draft of Brexit treaty – BBC News

Posted February 28th, 2018 in constitutional reform, EC law, news, Northern Ireland, treaties by sally

‘The European Union is set to publish a legal draft of its Brexit withdrawal agreement for the first time, detailing the terms of the UK’s departure.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

‘Right to be forgotten’ claimant wants to rewrite history, says Google – The Guardian

Posted February 28th, 2018 in criminal records, false accounting, internet, news, privacy by sally

‘A businessman who has launched a legal bid to erase online articles about his criminal conviction in the first “right to be forgotten” case in the English courts should not be allowed to rewrite history, lawyers for Google have said.’

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The Guardian, 27th February 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 27th, 2018 in legislation by tracey

The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018

The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2018

The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018

The Capital Gains Tax (Annual Exempt Amount) Order 2018

The Blood Safety and Quality Regulations and the Care and Support (Business Failure) Regulations (Consequential Amendments) Order 2018

The Policing and Crime Act 2017 (Maritime Enforcement Powers: Code of Practice) Regulations 2018

The Policing and Crime Act 2017 (Commencement No. 7) Regulations 2018

The Teachers’ Pensions Schemes (Amendment) Regulations 2018

The Landfill Tax (Wales) (Consequential and Transitional Provisions) Order 2018

The Occupational Pension Schemes (Preservation of Benefit and Charges and Governance) (Amendment) Regulations 2018

The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2018

The Contracting-out (Transfer and Transfer Payment) (Amendment) Regulations 2018

The Occupational Pension Schemes (Administration and Disclosure) (Amendment) Regulations 2018

The Licensing Act 2003 (Premises licences and club premises certificates) (Amendment) Regulations 2018

The Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018

Source: www.legislation.gov.uk

Interpretation of PFI contracts: the long and winding road – Practical Law: Construction Blog

‘Do long-term contracts need to be construed in a particular way? Do contracts that require the parties to work together and cooperate over a period of many years have their own special rules? Do they demand special treatment when it comes to questions of contractual interpretation? Those are some of the questions raised by the judgment in Amey Birmingham Highways Ltd v Birmingham City Council, in which the Court of Appeal had to grapple with the complexities and oddities of a PFI contract.’

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Practical Law: Construction Blog, 27th February 2018

Source: constructionblog.practicallaw.com

Seriously sick child and distraught parents – where to draw the line – UK Human Rights Blog

Posted February 27th, 2018 in children, human rights, medical treatment, news by tracey

‘Alder Hey Children’s NHS Foundation Trust v Evans, James and Alfie Evans (a child by his guardian Cafcass Legal) [2018] EWHC 308 (Fam). This was an application by the hospital for a declaration to allow their doctors to withdraw life support from a 19 month old child, Alfie. He suffers from a progressive, ultimately fatal neurodegenerative condition, probably a mitochondrial disorder. His epileptic seizures have not been brought under control by anti-convulsant treatment. The evidence before the court was that even if these seizures were to end, his brain is “entirely beyond recovery”. However caused, his neural degeneration is both “catastrophic and untreatable”.’

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UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com