ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers

Posted December 13th, 2019 in divorce, families, family courts, news, Scotland, statutory interpretation by sally

‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’

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Becket Chambers, 6th December 2019

Source: becket-chambers.co.uk

A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH

‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’

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5SAH, 10th December 2019

Source: www.5sah.co.uk

What happens when a court order in private family law proceedings is breached? – Becket Chambers

‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’

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Becket Chambers, 10th December 2019

Source: becket-chambers.co.uk

‘Unwanted’ son wins £125k slice of father’s fortune at High Court, after judge rules he was misled over parent’s favouritism – Daily Telegraph

Posted December 13th, 2019 in families, financial dispute resolution, news, wills by sally

‘A pensioner who was cut out of his father’s £2.4m will because he was an “unwanted war baby” has won his fight for a slice of the family fortune.’

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Daily Telegraph, 12th December 2019

Source: www.telegraph.co.uk

Connor Marsden jailed over Melissa Tate hit-and-run death – BBC News

‘An unlicensed driver who killed a 10-year-old girl in a hit-and-run has been jailed for seven years and four months.’

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BBC News, 12th December 2019

Source: www.bbc.co.uk

Disabled woman called ‘lying bitch’ by welfare official awarded £5,000 – The Guardian

‘A disabled woman has been awarded £5,000 in an out-of-court settlement after being called a “lying bitch” by a welfare official in formal legal papers after challenging a decision to cut her disability benefits.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Woman who spent £16m in Harrods says court order is ‘intrusive’ – The Guardian

Posted December 13th, 2019 in appeals, disclosure, extradition, families, fraud, married persons, news, proceeds of crime by sally

‘A woman who spent £16m at Harrods has launched a legal challenge to try to overturn the UK’s first unexplained wealth order (UWO) that would force her to reveal the source of her fortune.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Solicitor fined £50,000 for misusing client’s interim payments – Legal Futures

‘A solicitor who spent £46,600 of a disabled client’s interim payments on costs and disbursements instead of on rehabilitation, has been fined £50,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th December 2019

Source: www.legalfutures.co.uk

Tribunal savages SRA witnesses as prosecution left in tatters – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has savaged two witnesses who gave evidence on behalf of the Solicitors Regulation Authority (SRA) against a Yorkshire sole practitioner.’

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Legal Futures, 12th December 2019

Source: www.legalfutures.co.uk

Judge makes preliminary ruling in Carole Cadwalladr libel case – The Guardian

‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Islamist fighter’s wife Amaani Noor guilty of £34 terror donation – BBC News

Posted December 13th, 2019 in families, internet, Islam, marriage, married persons, news, terrorism by sally

‘A woman who married an Islamist fighter online has been convicted of funding terrorism.‎’

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BBC News, 12th December 2019

Source: www.bbc.co.uk

Man jailed for driving stolen car into police officers in Sussex – The Guardian

Posted December 13th, 2019 in accidents, aggravated vehicle taking, burglary, dangerous driving, news, sentencing by sally

‘A man who drove a stolen car into two police officers and a member of the public, causing “catastrophic injuries”, has been jailed for four years and eight months.’

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The Guardian, 12th December 2019

Source: www.theguardian.com