Exhumation without church or MoJ approval…- Law & Religion UK

Posted October 22nd, 2019 in burials and cremation, ecclesiastical law, Ministry of Justice, news by tracey

‘On 17 October 2019, the Daily Mail carried the snappily-titled, but detailed headline Remains of Captain Matthew Flinders – the man credited with naming Australia – will be reburied in his home village after being found in London during HS2 dig. The story concerns the remains of Captain Flinders which were discovered during the excavation of St James’s burial ground for the new High Speed rail project; the article explains:

“Following a request by descendants of the Flinders family and the local community that he be returned to his home village of Donington, Lincolnshire, HS2 Ltd’s chief executive Mark Thurston has written to the family to say he can be buried there.”

Well, not quite, for although under secular legislation, as the “nominated undertaker” under the Act, HS2 has the authority for the exhumation of Flinders’ remains and their subsequent retention, re-interment in the Donington churchyard is governed by ecclesiastical law.’

Full Story

Law & Religion UK, 19th October 2019

Source: www.lawandreligionuk.com

Defeating tenancy renewal requests by reason of redevelopment – OUT-LAW.com

Posted October 22nd, 2019 in landlord & tenant, leases, news, planning by tracey

‘The county court in England recently considered the ability of a landlord to oppose its tenant’s lease renewal due to its intention to carry out substantial construction work on the premises.’

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OUT-LAW.com, 18th October 2019

Source: www.pinsentmasons.com

‘Mixed’ police claims: Court of Appeal confirms QOCS protection is not automatic – UK Police Law Blog

‘Last year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”). The claimant’s appeal in in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724 has now been unanimously dismissed by the Court of Appeal.’

Full Story

UK Police Law Blog, 22nd October 2019

Source: ukpolicelawblog.com

Considering crystallisation: what dispute should (or can) you refer to adjudication? – Practical Law: Construction Blog

Posted October 22nd, 2019 in construction industry, contracts, dispute resolution, jurisdiction, news by tracey

‘It’s a scenario we see all too often. Employer meets contractor. Employer and contractor enter into a contract and, for a while, everything seems rosy. Then, as the project progresses, unresolved claims start escalating and the relationship deteriorates. Inevitably, the parties’ minds turn to adjudication, and the potential recourse that they may find there.’

Full Story

Practical Law: Construction Blog, 21st October 2019

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 22nd, 2019 in legislation by tracey

The Magistrates’ Courts (Amendment) Rules 2019

The Housing and Planning Act 2016 (Commencement No. 11) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 22nd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Guiste v The London Borough of Lambeth [2019] EWCA Civ 1758 (22 October 2019)

High Court (Administrative Court)

Aburas, R. (on the application of) v London Borough of Southwark [2019] EWHC 2754 (Admin) (21 October 2019)

Agro Foods (Ashford) Ltd, R. (on the application of) v Food Standards Agency [2019] EWHC 2718 (Admin) (21 October 2019)

High Court (Chancery Division)

Nortel Networks France SAS, Re [2019] EWHC 2778 (Ch) (22 October 2019)

Vestel Elektronik Sanayi VE Ticaret AS Vestel UK Ltd v HEVC Advance LLC & Anor [2019] EWHC 2766 (Ch) (21 October 2019)

Walsh v Walsh & Ors [2019] EWHC 2761 (Ch) (18 October 2019)

High Court (Queen’s Bench Division)

RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB) (21 October 2019)

Murphy v The Electoral Commission [2019] EWHC 2762 (QB) (21 October 2019)

Source: www.bailii.org

Public law children cases: improving parental situations, robust case management and judicial pressure – Local Government Lawyer

‘Georgina Dalton rounds up the latest children law cases, including rulings on improvements to parents’ situations, unfair judicial pressure, and deprivations of liberty of 16-17 year olds.’

Full Story

Local Government Lawyer, 18th October 2019

Source: www.localgovernmentlawyer.co.uk

Vos: Woolf reforms were “inadequately revolutionary” – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, dispute resolution, evidence, expert witnesses, news by tracey

‘The Woolf reforms were “inadequately revolutionary” and have left behind a civil litigation system which is “too expensive, too time-consuming and inadequately accessible”, the Chancellor of the High Court has said.’

Full Story

Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

Master sets out approach to interim costs in clin neg cases – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, costs, negligence, news, personal injuries, solicitors by tracey

‘The High Court has confirmed that law firms can apply for interim payments on account of costs in medical negligence cases where it may be many years until they conclude, and set out how they should approach them.’

Full Story

Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

The Supreme Court’s Judgment on the Limits of the Exercise of Parental Responsibility – Family Law

‘The focus of this case is whether the confinement of a young person aged 16-17 years-old, found not to be Gillick (Gillick v West Norfolk and Wisbech AHA House of Lords [1986]) competent, amounted to a deprivation of his liberty where his parents had consented to such confinement.’

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Family Law, 20th October 2019

Source: www.familylaw.co.uk

Court of Appeal orders early neutral evaluation despite party objection – Family Law

Posted October 22nd, 2019 in case management, civil procedure rules, consent, dispute resolution, news by tracey

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

Full Story

Family Law, 21st October 2019

Source: www.familylaw.co.uk

Imprisoned former LiP fails Denton test over appeal four months late – Law Society’s Gazette

‘Lawyers have become used to running the gauntlet of the Denton test for relief from sanctions – but now the yardstick for out-of-time applications has resulted in a litigant staying behind bars.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Regulator warns barristers against heated Twitter debates – Law Society’s Gazette

‘Barristers have been warned they could face disciplinary action if they take part in ‘heated’ internet debates, post ‘distasteful’ comments online, or – even – reveal their whereabouts via social media.’

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Law Society's Gazette, 21st October 2019

Source: www.lawgazette.co.uk

When One Parent Kills Another – how should the family court approach this? – Family Law Week

Posted October 22nd, 2019 in care orders, children, domestic violence, families, family courts, guardianship, murder, news by tracey

‘Care proceedings where one parent has killed the other are particularly tragic for the children involved. This article considers some of the issues that arise in these cases and explores some of the case law when dealing with the death of one parent killed by the other.’

Full Story

Family Law Week, 21st October 2019

Source: www.familylawweek.co.uk

Victims of child abuse told accusations could ‘ruin perpetrator’s life’, inquiry finds – Daily Telegraph

Posted October 22nd, 2019 in child abuse, inquiries, news, statistics, victims by tracey

‘Victims of child sex abuse are often told by the authority figures they confide in that their allegations could “ruin the perpetrators life”, an analysis of over 3,200 cases found.’

Full Story

Daily Telegraph, 21st October 2019

Source: www.telegraph.co.uk

Legal challenge launched against government over ‘whitewash’ review of counter-extremism programme – The Independent

Posted October 22nd, 2019 in crime prevention, judicial review, news, recruitment, terrorism by tracey

‘A legal battle has been launched against the government over a review of its Prevent counter-extremism strategy, with allegations it will be a “whitewash”, The Independent can reveal. Campaigners are challenging the appointment of Lord Carlile as the independent reviewer, after he called the probe “completely unnecessary” and claimed it was based on a “complete lack of evidence”.’

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The Independent, 21st October 2019

Source: www.independent.co.uk

Watchdog to investigate suicide monitoring of benefit claimants after ministers refuse to publish data – The Independent

Posted October 22nd, 2019 in benefits, mental health, news, suicide by tracey

‘A watchdog is to investigate the government’s monitoring of suicides among benefit claimants amid concerns about links between welfare reforms and declining mental health.
The National Audit Office (NAO) said it would call on the Department for Work and Pensions (DWP) to reveal what information it held on the issue, after ministers refused to provide an MP with figures on the number of people in the welfare system who had taken their own lives.’

Full Story

The Independent, 21st October 2019

Source: www.independent.co.uk

Diplomatic immunity review launched after Harry Dunn case – The Guardian

Posted October 22nd, 2019 in diplomats, immunity, news, road traffic offences by tracey

‘The foreign secretary, Dominic Raab, has commissioned a review into immunity arrangements for US personnel and their families at an RAF base following the death of Harry Dunn.’

Full Story

The Guardian, 21st October 2019

Source: www.theguardian.com

Julian Assange: Judge refuses to delay extradition hearing – BBC News

Posted October 22nd, 2019 in extradition, news, stay of proceedings by tracey

‘A judge in London has rejected Julian Assange’s attempt to delay his US extradition case.’

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BBC News, 21st October 2019

Source: www.bbc.co.uk

Terrorism guidelines to be revised following legislation changes – Sentencing Council

Posted October 22nd, 2019 in consultations, press releases, sentencing, terrorism by tracey

‘The Sentencing Council has launched a public consultation on revisions to some of the current sentencing guidelines for terrorism offences in England and Wales. The proposed revisions follow significant changes to terrorism legislation brought in by the new Counter Terrorism and Border Security Act 2019.’

Full press release

Sentencing Council, 22nd October 2019

Source: www.sentencingcouncil.org.uk