Re-use of institutional burial grounds – Law & Religion UK

‘Disused burial grounds both old and ancient frequently feature in Midsomer Murders. In real life, however, their reuse is an on-going concern in view of the growing shortage of burial space. On 30 April, The Guardian reports “C of E intervenes in row over plan to build car park over graveyard”. The issue is not new, but it is necessary to unpick some of the journalese and identify the legal issues involved. A number of the issues raised in the Guardian article on the former Calderstones hospital in Lancashire echo those considered in In re Radcliffe Infirmary Burial Ground [2011] PTSR 1508.’

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Law & Religion UK, 3rd May 2018

Source: www.lawandreligionuk.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 4th, 2018 in legislation by tracey

The Combined Authorities (Borrowing) Regulations 2018

The Rating Lists (Valuation Date) (England) Order 2018

The Mandatory Use of Closed Circuit Television in Slaughterhouses (England) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 4th, 2018 in law reports by tracey

High Court (Administrative Court)

Cotham School, R (On the Application Of) v Bristol City Council [2018] EWHC 1022 (Admin) (03 May 2018)

Belhaj & Anor v Director of Public Prosecutions & Ors [2018] EWHC 977 (Admin) (03 May 2018)

High Court (Family Division)

C (A Child : Care proceedings : Welfare) [2018] EWHC 1031 (Fam) (03 May 2018)

Venables, Re [2018] EWHC 1037 (Fam) (03 May 2018)

High Court (Queen’s Bench Division)

Holmes v Merseyside Police [2018] EWHC 1026 (QB) (03 May 2018)

Source: www.bailii.org

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

Claimant held in contempt of court for grossly exaggerating negligence claim – UK Human Rights Law Blog

Posted May 4th, 2018 in contempt of court, hospitals, negligence, news, personal injuries by tracey

‘Calderdale Huddersfield NHS Foundation Trust v Sandip Singh Atwal [2018] EWHC 961 (QB). In a landmark case an NHS trust has successfully brought contempt proceedings against a DJ who grossly exaggerated the effect of his injuries in an attempt to claim over £800,000 in damages for clinical negligence. He faces a potential jail sentence.’

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UK Human Rights Law Blog, 3rd May 2018

Source: ukhumanrightsblog.com

Shared Parental Leave: paying fathers and mothers different rates is discrimination – UK Police Law Blog

‘The Employment Appeal Tribunal has handed down judgment in the appeal case of Hextall v Leicestershire Police UKEAT/0139/17/DA. Mr Hextall is a police officer who took Shared Parental Leave. However, under the informal national policy that exists at the current time in relation to the payment of such leave, he was paid only at the statutory rate and not the enhanced rate paid to mothers taking maternity leave.’

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UK Police Law Blog, 3rd May 2018

Source: ukpolicelawblog.com

Welsh council wins appeal over whether SEN allowance was payable to teachers – Local Government Lawyer

‘A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts. The Employment Tribunal had held that the conditions for entitlement were satisfied in each case, and accordingly, that Swansea City Council’s failure to pay SEN allowance was a breach of contract.’

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Local Government Lawyer, 2nd May 2018

Source: www.localgovernmentlawyer.co.uk

Surrogacy laws set for reform as Law Commissions get Government backing – Law Commission

Posted May 4th, 2018 in Law Commission, press releases, surrogacy by tracey

‘The Law Commission of England and Wales and the Scottish Law Commission have started work on a review of the laws around surrogacy after Government funding was agreed.’

Full press release

Law Commission, 4th May 2018

Source: www.lawcom.gov.uk/

A terrible muddle: the issue of no-fault divorce – Family Law

Posted May 4th, 2018 in divorce, news, Supreme Court by tracey

‘On 17 May this year, the Supreme Court will hear the case of Owens v Owens. Never before has it had to consider what is meant by s 1(2)(b) of the Matrimonial Causes Act 1973 (MCA 1973) “that the Respondent has behaved in such a way that the Petition cannot reasonably be expected to live with the Respondent”, or (for short), “unreasonable behaviour”.’

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Family Law, 3rd May 2018

Source: www.familylaw.co.uk

Cohabitees’ inheritance rights – courts will decide each case on its facts – Family Law

Posted May 4th, 2018 in cohabitation, intestacy, news, Supreme Court by tracey

‘Private Client analysis: In Thompson v Ragget and others [2018] EWHC 688 (Ch), [2018] All ER (D) 18 (Apr), the claimant claimed reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 out of the estate of her late partner, who had left her nothing. Paul King, CEO and head of legal practice, and Jen Wiss-Carline, chartered legal executive at April King Legal, comment on the case.’

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Family Law, 3rd May 2018

Source: www.familylaw.co.uk

‘Nothing to lose’: Bar ponders no returns policy to escalate protest – Law Society’s Gazette

Posted May 4th, 2018 in barristers, budgets, criminal justice, fees, legal aid, news by tracey

‘Criminal barristers are close to stepping up their action against legal aid cuts by implementing a ‘no returns’ policy in addition to refusing to taking on new work. The Gazette understands the Criminal Bar Association (CBA) is actively considering encouraging members to implement the policy.’

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Law Society's Gazette, 3rd May 2018

Source: www.lawgazette.co.uk

Jon Venables: Judge rules legal challenge against killer’s anonymity by James Bulger’s family cannot be granted in current form – The Independent

Posted May 4th, 2018 in anonymity, injunctions, murder, news by tracey

‘A judge has said he will not grant a legal challenge by relatives of murdered toddler James Bulger against an order protecting his killer’s identity in its current form.’

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The Independent, 3rd May 2018

Source: www.independent.co.uk

Fake rape claim woman loses appeal against sentence – BBC News

‘A woman jailed for five years after falsely accusing a soldier of rape has lost an appeal against her sentence.’

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BBC News, 3rd May 2018

Source: www.bbc.co.uk

Online adverts attract more complaints than TV ads for first time ever, says watchdog – The Independent

Posted May 4th, 2018 in advertising, complaints, internet, media, news by tracey

‘Online adverts have attracted more complaints that television ads for the first time, the industry watchdog has said. Internet adverts attracted 10,932 complaints last year compared to 9,466 for TV.’

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The Independent, 4th May 2018

Source: www.independent.co.uk

Colin Pitchfork: Double child killer denied parole – BBC News

Posted May 4th, 2018 in child abuse, murder, news, parole, rape by tracey

‘A double child killer who was the first person to be convicted using DNA evidence has been refused parole. Colin Pitchfork was given life sentences in 1988 for the rapes and murders of 15-year-olds Lynda Mann and Dawn Ashworth in Leicestershire.’

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BBC News, 3rd May 2018

Source: www.bbc.co.uk

Warring families assigned mediators to stop them fighting over power of attorney – Daily Telegraph

Posted May 4th, 2018 in dispute resolution, families, news, powers of attorney by tracey

‘Warring families are to be assigned mediators to stop to stop them fighting over power of attorney for loved ones. A pilot scheme being run by the Office of the Public Guardian will fund professional help for families embroiled in disputes over issues such as inheritances or control of finances.’

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Daily Telegraph, 3rd April 2018

Source: www.telegraph.co.uk

Mirror Group forced to pay phone hacking damages to Danielle Lloyd, Dwight Yorke and Andy Cole – The Independent

Posted May 4th, 2018 in damages, interception, media, news, privacy, telecommunications by tracey

‘Mirror Group Newspapers has been forced to pay damages to a model, an actress and two former footballers over the phone hacking scandal.’

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The Independent, 3rd May 2018

Source: www.independent.co.uk

Met dismisses police spy who tricked activist into sexual relationship – The Guardian

Posted May 4th, 2018 in disciplinary procedures, dismissal, identity fraud, news, police by tracey

‘An undercover officer who had an unauthorised sexual relationship with an environmental campaigner has been dismissed from the police after a disciplinary hearing.’

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The Guardian, 3rd May 2018

Source: www.theguardian.com

Released after 43 years: Murderer who became one of Britain’s longest serving prisoners is freed – Daily Telegraph

Posted May 4th, 2018 in imprisonment, murder, news, parole, sentencing by tracey

‘One of Britain’s longest serving prisoners has been released after 43 years behind bars.’

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Daily Telegraph, 3rd May 2018

Source: www.telegraph.co.uk

Afghan interpreters’ UK immigration fee waived – BBC News

Posted May 4th, 2018 in Afghanistan, armed forces, fees, immigration, interpreters, news by tracey

‘Afghan interpreters who served with British troops fighting against the Taliban will be able to stay in the UK for free, the home secretary has said. More than 150 Afghans given five-year residency permits said they faced being sent back to Afghanistan when they expire, unless they paid £2,389 to apply for indefinite leave to remain. Sajid Javid said the fees have been waived.’

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BBC News, 8th May 2018

Source: www.bbc.co.uk