Day: 8 August 2018

Peter Ball – legislation, then and now (I) – Law & Religion UK

Posted August 8th, 2018 in child abuse, clergy, inquiries, news, sexual offences by tracey

‘The public hearing of the Independent Inquiry Child Sexual Abuse (IICSA) into the Peter Ball case study took place 23-27 July 2018; the IICSA investigated inter alia whether there were inappropriate attempts by people of prominence to interfere in the criminal justice process after he was first accused of child sexual offences. The transcripts of the proceedings and other documents are available here.

The hearing of this case study followed the earlier IICSA consideration of the experience of the Diocese of Chichester, 5-23 March 2018, where there had been multiple allegations of sexual abuse, and numerous investigations and reviews. Peter Ball was Bishop of Lewes from 1977 to 1992 and was translated to Gloucester in 1992, but resigned from his position in 1993 after admitting to an act of gross indecency with a 19-year-old man and accepting a formal police caution.’

Full Story

Law & Religion UK, 8th August 2018

Source: www.lawandreligionuk.com

The pitfalls of bespoke ADR clauses – Practical Law: Construction Blog

Posted August 8th, 2018 in construction industry, dispute resolution, news by tracey

‘For the first time in quite a while I am in the enviable position of having more than one adjudication enforcement case to choose to write about this week. In the end I plumped for Beach Homes v Hazell and Hazell as it raises some interesting points about bespoke dispute resolution clauses. It is a judgment of Mr Jonathan Acton Davis QC, one of the army of Deputy High Court judges currently sitting in the TCC.’

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Practical Law: Construction Blog, 7th August 2018

Source: constructionblog.practicallaw.com

The Mau Mau litigation: fear is not a personal injury – UK Human Rights Blog

Posted August 8th, 2018 in colonies, Kenya, limitations, news, personal injuries, torture by tracey

‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.

Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’

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UK Human Rights Blog, 7th August 2018

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted August 8th, 2018 in law reports by tracey

High Court (Administrative Court)

Christchurch Borough Council, R (On the Application Of) v Secretary of State for Housing Communities and Local Government [2018] EWHC 2126 (Admin) (07 August 2018)

Source: www.bailii.org

QCs should keep title unless disbarred, Bar Council says – Legal Futures

Posted August 8th, 2018 in barristers, disciplinary procedures, news, queen's counsel by tracey

‘QCs should not lose their designation unless they are excluded from the profession and even then not automatically, the Bar Council has said.’

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Legal Futures, 8th August 2018

Source: www.legalfutures.co.uk

Does Akhter v Khan mean that English Law now recognises Shariah marriages? – Family Law

Posted August 8th, 2018 in divorce, marriage, news by tracey

‘At first glance, it might appear from the reported case of Akhter v Khan [2018] EWFC 54 that we have now finally arrived at the stage where English civil law has recognised an Islamic marriage (Nikah) which has been performed in England and Wales.’

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Family Law, 7th August 2018

Source: www.familylaw.co.uk

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way’ – Courts and Tribunals Judiciary

Posted August 8th, 2018 in courts, judiciary, speeches, tribunals by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way.’

Full speech

Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.gov

The Divorce Trap: Life After Owens v Owens – Family Law Week

Posted August 8th, 2018 in consent, divorce, news, statutory interpretation, Supreme Court by tracey

‘Georgina Rushworth, Family Law Barrister at Coram Chambers, where she specialises in divorce and its financial consequences, considers the implications of the recent Supreme Court decision.’

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Family Law Week, 3rd August 2018

Source: www.familylawweek.co.uk

Depriving children of their liberty: Resources and Reform – Family Law Week

Posted August 8th, 2018 in children, deprivation of liberty safeguards, news by tracey

‘Michael Jones, barrister, Deans Court Chambers, Manchester, considers the use of the court’s inherent jurisdiction in some deprivation of children’s liberty cases and calls for urgent reform.’

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Family Law Week, 7th August 2018

Source: www.familylawweek.co.uk

Woman jailed for drink-drive crash that killed fiance and daughter – The Guardian

Posted August 8th, 2018 in careless driving, drunk in charge, news, sentencing by tracey

‘A woman who killed her fiance and six-year-old daughter when she crashed her car while almost double the drink-driving limit has been jailed for two years.’

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The Guardian, 8th August 2018

Source: www.theguardian.com

Gang who planned to bring migrants to UK on jet skis convicted – The Guardian

Posted August 8th, 2018 in news, trafficking in human beings by tracey

‘People-smugglers behind a scheme to bring migrants across the Channel on jet skis are facing jail.’

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The Guardian, 7th August 2018

Source: www.theguardian.com

Kellogg’s ‘disappointed’ by TV ad ban for ‘healthier’ granola product – Daily Telegraph

Posted August 8th, 2018 in advertising, children, food, media, news by tracey

‘Kellogg’s said it was disappointed by a ruling that banned its TV advert to appear between children’s programmes, despite it being for a “healthier” product. Ads for food giants KFC and Kellogg’s have been banned for promoting junk food to children, one outside a school and the other during a television cartoon programme.’

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Daily Telegraph, 8th August 2018

Source: www.telegraph.co.uk

Animated child-porn loophole must be closed, says Baroness Howe – Daily Telegraph

Posted August 8th, 2018 in computer programs, indecent photographs of children, internet, news, pornography by tracey

‘Adults will be able to view computer-generated child abuse images online because of a loophole in new laws barring under-18s from porn sites, the Government has been warned.’

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Daily Telegraph, 8th August 2018

Source: www.telegraph.co.uk

Yorkshire solicitor suspended for Twitter rants – Law Society’s Gazette

Posted August 8th, 2018 in disciplinary procedures, internet, news, solicitors by tracey

‘A law firm partner who sent a series of offensive messages about various religions has been suspended from practising for 18 months.”

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Law Society's Gazette, 6th August 2018

Source: www.lawgazette.co.uk