12/06/2018 – Current Awareness

Delaying disclosure for effective investigation – UK Police Law Blog

Posted June 12th, 2018 in delay, disclosure, news, police, reports by sally

‘The Family Division of the High Court in G v G (Chief Constable of Dorset Police intervening) [2018] EWHC 1100 (Fam) ordered that the service and disclosure of a CAFCASS report be delayed for a week in order to allow an effective police investigation into allegations that the father had sexually abused one of the children. The judgment of 4 May 2018 was delivered in private and Holman J gave leave for an anonymised version to be published one week later, stating that the decision had been made upon the Court “being asked to take a very unusual course” in “a very unusual application”.’

UK Police Law Blog, 11th June 2018

Source: ukpolicelawblog.com

Jack Simson Caird: Parliament’s Right to a ‘Meaningful Vote’: Amendments to the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted June 12th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament, treaties by sally

‘On Tuesday 12 June 2018, the Government will ask the House of Commons to reject the Lords’ meaningful vote amendment to the EU (Withdrawal) Bill (Lords Amendment 19). If the amendment is rejected, the Government will ask the Commons to accept its own alternative version, known as an ‘amendment in lieu’. If either amendment is enacted, and the Commons uses its veto to reject the Withdrawal Agreement, this would be a constitutionally unprecedented situation. This post looks at the Government’s ‘amendment in lieu’, and the features that distinguish it from the Lords’ amendment.’

UK Constitutional Law Association, 11th June 2018

Source: ukconstitutionallaw.org

Jerome Jones v Birmingham City Council – Arden Chambers

Posted June 12th, 2018 in anti-social behaviour, appeals, gangs, human rights, injunctions, local government, news, standard of proof, treaties by sally

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Limits on transparency in the family courts – Family Law

Posted June 12th, 2018 in disclosure, family courts, injunctions, media, news by sally

‘Family analysis: Following a judge’s decision in 2002 that a girl who was then two years old should live with her father and that the mother should not have direct access, the Family Division in Re G (A Child) [2018] EWHC 1301 (Fam), [2018] All ER (D) 148 (May) refused a recent application by the girl’s older half-brother for access to all the files in the 2002 proceedings, and also refused the mother’s application for the removal of the undertaking she had given the judge not to communicate with the media. Adam Wolanski, barrister, of 5RB, examines the issues.’

Family Law, 11th June 2018

Source: www.familylaw.co.uk

Contrasting fortunes for barristers appealing high-profile disciplinary rulings – Legal Futures

Posted June 12th, 2018 in appeals, barristers, disciplinary procedures, news, professional conduct by sally

‘Two barristers have had contrasting fortunes in appeals against high-profile sanctions imposed by the Bar Disciplinary Tribunal.’

Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

UK should not legislate to control children’s use of technology, says culture secretary – The Guardian

Posted June 12th, 2018 in children, computer programs, internet, legislation, news, telecommunications by sally

‘The UK culture secretary, Matt Hancock, does not allow his own children to have mobile phones and thinks none should have access to devices overnight, but would not follow the French government’s lead in legislating on the issue.’

The Guardian, 11th June 2018

Source: www.theguardian.com

Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

Arden Chambers, 18th May 2018

Source: www.ardenchambers.com

Let battle commence: Labour, Lib Dems and top judges bid to reduce impact of whiplash reforms – Legal Futures

Posted June 12th, 2018 in bills, news, parliament, personal injuries by sally

‘Opposition peers and leading legal figures will today try and curb the government’s whiplash reforms as the Civil Liability Bill enters its crucial report stage.’

Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

Bogus cosmetic surgeon becomes first to be convicted of injecting fake Botox on two women – Daily Telegraph

Posted June 12th, 2018 in cosmetic surgery, doctors, fraud, grievous bodily harm, news by sally

‘A bogus cosmetic surgeon who inflicted grievous bodily harm on two female clients by injecting them with fake Botox has today been jailed for four years.’

Daily Telegraph, 8th June 2018

Source: www.telegraph.co.uk

Ladbroke Grove drill rap machete gang sentenced – BBC News

Posted June 12th, 2018 in conspiracy, gangs, news, offensive weapons, sentencing, violent disorder, young offenders by sally

‘Five gang members who made “drill” music videos glorifying violence have been sentenced after being caught with machetes and baseball bats.’

BBC News, 11th June 2018

Source: www.bbc.co.uk

MPs and peers call for judge-led inquiry into UK rights abuses – The Guardian

Posted June 12th, 2018 in human rights, inquiries, news, parliament, rendition, torture by sally

‘An all-party group of MPs and peers has written to Theresa May demanding a judge-led inquiry into the UK’s role in human rights abuses since September 11.’

The Guardian, 11th June 2018

Source: www.theguardian.com

Bible Society fined £100k for cyber hack of 417,000 Christian backers – Daily Telegraph

Posted June 12th, 2018 in computer crime, data protection, fines, news by sally

‘The Bible Society has been fined £100,000 over computer security failings that allowed hackers to access the personal details of more than 400,000 mainly Christian backers.’

Daily Telegraph, 8th June 2018

Source: www.telegraph.co.uk

Supreme Court rules on challenge to abortion ban in Northern Ireland – UK Human Rights Blog

Posted June 12th, 2018 in abortion, appeals, human rights, news, Northern Ireland by sally

‘On 7th June 2018, the Supreme Court handed down judgment in the case of regarding the controversial issue of the legal framework regulating abortion in Northern Ireland.’

UK Human Rights Blog, 11th June 2018

Source: ukhumanrightsblog.com

Chloe Ayling ‘vindicated’ over kidnapper’s conviction – BBC News

Posted June 12th, 2018 in foreign jurisdictions, forgery, kidnapping, news, sentencing by sally

‘Model Chloe Ayling says she feels “vindicated” after the man she accused of kidnapping her was convicted and jailed for almost 17 years.’

BBC News, 11th June 2018

Source: www.bbc.co.uk

Barristers in England and Wales call off industrial action – The Guardian

Posted June 12th, 2018 in barristers, criminal justice, industrial action, legal profession, news by sally

‘Criminal barristers have voted by a narrow margin to call off industrial action over fees that has been disrupting court cases across England and Wales for the past few months.’

The Guardian, 12th June 2018

Source: www.theguardian.com

Judge asked to lift prosecution ban on Hillsborough officer – The Guardian

Posted June 12th, 2018 in abuse of process, health & safety, homicide, news, police, prosecutions, sport by sally

‘An application by the Crown Prosecution Service to prosecute David Duckenfield, the South Yorkshire police officer who was in command at the FA Cup semi-final at Hillsborough in 1989 when 96 people were killed, has begun at Preston crown court.’

The Guardian, 11th June 2018

Source: www.theguardian.com

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