Another judge wrongly views ‘without prejudice’ offer – Litigation Futures

Posted August 5th, 2019 in costs, disclosure, judges, news, tribunals, without prejudice communications by tracey

‘The First-tier Tribunal (FTT) wrongly took into account a “without prejudice” offer when deciding on the costs of a case when there was no reason to believe that it was “save as to costs”, the Upper Tribunal has ruled.’

Full Story

Litigation Futures, 5th August 2019

Source: www.litigationfutures.com

Written pupillage agreements may help counter “shocking abuse” – Legal Futures

Posted August 5th, 2019 in barristers, legal education, news, pupillage, quality assurance, standards by tracey

‘Requiring chambers to enter into written agreements with pupils may help to counter “shocking” instances of abusive treatment, the Bar Council has said.’

Full Story

Legal Futures, 5th August 2019

Source: www.legalfutures.co.uk

Post-LASPO and the role of diversity in family law – Family Law

Posted August 5th, 2019 in diversity, equality, families, legal aid, news, statistics, women by tracey

‘Celebrations and policy campaigns continue to mark a 100 years of women in law. In 2017, as reported in the Law Society’s Annual Statistics Report Flyer 2018 ‘for the first time, the number of female practising certificate (PC) holders exceeded male colleagues…women made up 50.1% of all PC holders – up from 43.4% in 2007.’ Black Asian Minority Ethnic (BAME) professionals as practising solicitors were at its highest at 16.5% of the profession. While significant strives have been made, little attention has been paid to the impact of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) on the role of diversity, with particular reference to women and BAME, in family law.’

Full Story

Family Law, 5th August 2019

Source: www.familylaw.co.uk

Attorneys General lead international cooperation to combat cybercrime – Attorney General’s Office

‘Five Attorneys General from the UK, USA, Canada, Australia and New Zealand have today formalised their international cooperation in the fight against cybercrime.’

Full press release

Attorney General’s Office, 31st July 2019

Source: www.gov.uk/ago

Louise Porton jailed for life for murder of daughters – BBC News

‘A mother who killed her two daughters because they “got in the way of her sex life” has been jailed for life.’

Full Story

BBC News, 2nd August 2019

Source: www.bbc.co.uk

‘Babies living with abusive parents under 24-hour CCTV, as Children’s Commissioner calls for review into the ‘Big Brother-style’ centres – Daily Telegraph

‘Babies are living with abusive parents under 24-hour CCTV surveillance, The Telegraph can reveal, as the Children’s Commissioner calls for a review into the ‘Big Brother-style’ accommodation.

However “disturbing” cases – which have remained unreported until now – where children have been physically injured and sexually abused while living in the units have prompted the Children’s Commissioner to call for a review into the controversial scheme.’

Full Story

Daily Telegraph, 4th August 2019

Source: www.telegraph.co.uk

Children in prison twice as likely to have special needs, figures show – The Independent

‘Children in prison are twice as likely to have special educational needs as those in the general population, new figures reveal, prompting concern that vulnerable teenagers are being let down by mainstream services.’

Full Story

The Independent, 4th August 2019

Source: www.independent.co.uk

Rural crime in Britain hits seven-year high – The Guardian

Posted August 5th, 2019 in agriculture, gangs, insurance, news, statistics, theft by tracey

‘Rural crime has hit a seven-year high, costing the UK £50m in 2018, a report says. In its annual study of offences against farmers and rural businesses, the insurer NFU Mutual found rural crime in 2018 was up 12% on the previous year.’

Full Story

The Guardian, 5th August 2019

Source: www.theguardian.com

‘I am DNA proof my father is a rapist’ – BBC News

Posted August 5th, 2019 in adoption, child abuse, children, DNA, news, rape, sexual offences, victims by tracey

‘A woman conceived by rape wants her father brought to justice in a so-called “victimless prosecution”, in one of the first cases of its kind, the BBC has learned.’

Full Story

BBC News, 5th August 2019

Source: www.bbc.co.uk

‘Lolita’ phenomenon is allowing men to groom teenage girls without fear of arrest, Telegraph investigation reveals – Daily Telegraph

‘A boom in “Lolita” sites on Instagram, Facebook and other platforms is allowing paedophiles to target teenage girls without fear of arrest, an investigation by The Sunday Telegraph has found.’

Full Story

Daily Telegraph, 3rd August 2019

Source: www.telegraph.co.uk

Brexiteer jailed for threatening to kill MPs – The Independent

‘A Brexiteer has been jailed for threatening to kill MPs because he felt they were trying to “delay or stop the UK’s exit from the European Union”.’

Full Story

The Independent, 3rd August 2019

Source: www.independent.co.uk

Victims’ commissioner to meet woman who went into hiding after ex freed – The Guardian

‘The victims’ commissioner for England and Wales is to call for increased support for domestic abuse victims after a woman went into hiding when her violent ex-partner was released from prison early.’

Full Story

The Guardian, 4th August 2019

Source: www.theguardian.com

Supreme Court backs third party access to court documents – OUT-LAW.com

Posted August 2nd, 2019 in civil procedure rules, courts, documents, news, Supreme Court, third parties by tracey

‘Campaigners, the media and others who are not parties to court proceedings should be permitted to access court documents as “the default position”, the UK’s highest court has ruled.’

Full Story

OUT-LAW.com, 1st August 2019

Source: www.pinsentmasons.com

Disclosure of material from care proceedings to the police – UK Police Law Blog

‘The Court of Appeal has held in Re M (Children) (Disclosure to the Police) [2019] EWCA Civ 1364, that the Re C test for disclosure of material from care proceedings to the police remains good law after 23 years, and in the light of the Human Rights Act 1996, but with the qualification that disclosure must be necessary and proportionate.’

Full Story

UK Police Law Blog, 31st July 2019

Source: ukpolicelawblog.com

Legal ombudsman faces claim over data breach – Law Society’s Gazette

Posted August 2nd, 2019 in data protection, electronic mail, legal ombudsman, news by tracey

‘The legal ombudsman is being sued by former complainants whose contact details were leaked in an email blunder, the Gazette can reveal.’

Full Story

Law Society's Gazette, 1st August 2019

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted August 2nd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

DJ v The Welsh Minister & Ors [2019] EWCA Civ 1349 (01 August 2019)

High Court (Chancery Division)

European Film Bonds A/S & Ors v Lotus Holdings LLC & Ors [2019] EWHC 2116 (Ch) (31 July 2019)

Business Mortgage Finance 6 Plc v Greencoat Investments Ltd & Ors [2019] EWHC 2128 (Ch) (31 July 2019)

High Court (Queen’s Bench Division)

Labbadia v Alitalia (Societa Aerea Italiana SPA) [2019] EWHC 2103 (QB) (31 July 2019)

Michael, Estate of & Ors v The Islamic Republic of Iran & Anor [2019] EWHC 2073 (QB) (31 July 2019)

Source: www.bailii.org

Court of Appeal allows possession despite landlord’s failure to carry out a PSED assessment – Local Government Lawyer

Posted August 2nd, 2019 in disabled persons, equality, landlord & tenant, news, repossession by tracey

‘A housing association has been granted possession of a property despite not undertaking an assessment under the Public Sector Equality Duty (PSED) before issuing the claim for possession because the outcome would have been no different had it done so, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 1st August 2019

Source: www.localgovernmentlawyer.co.uk

CA: Judge wrong to discharge jury over barrister’s closing speech – Legal Futures

Posted August 2nd, 2019 in barristers, juries, jury directions, legal aid, news, wasted costs orders by tracey

‘A judge was wrong to discharge the jury in a criminal trial after “inappropriate” remarks by the defence barrister in his closing speech, the Lord Chief Justice has ruled.’

Full Story

Legal Futures, 2nd August 2019

Source: www.legalfutures.co.uk

Past Cases Review 2 – Church of England – Law & Religion UK

‘On 1 August, the Church of England announced the publication of protocols and practice guidance for its Past Cases Review 2, (PCR2).’

Full press release

Law & Religion UK, 1st August 2019

Source: www.lawandreligionuk.com

Legal system ‘beyond the point of collapse’ as three men avoid jail – BBC News

‘The legal system in England and Wales is “beyond the point of collapse”, according to a Crown Court judge. Judge Simon Carr gave three men suspended sentences instead of sending them to jail because of how long it had taken for the case to get to court.’

Full Story

BBC News, 31st July 2019

Source: www.bbc.co.uk