Month: January 2020

Sexual assault investigation into a child with learning difficulties not a breach of article 3 – Police Law Blog

Posted January 9th, 2020 in autism, care homes, child abuse, disability discrimination, human rights, learning difficulties, news, police by tracey

‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’

Full Story

Police Law Blog, 17th December 2019

Source: ukpolicelawblog.com

‘Helen’s Law’ returns to Parliament – Ministry of Justice

Posted January 9th, 2020 in bills, child abuse, disclosure, murder, parole, press releases, sexual offences, victims by tracey

‘Murderers and paedophiles who refuse to disclose information about their victims could spend longer behind bars as a bill to enact “Helen’s Law” enters Parliament today (8 January 2020).’

Full press release

Ministry of Justice, 8th January 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Barrister blogger attacks colleagues for “being prats on social media” – Legal Futures

Posted January 9th, 2020 in barristers, internet, news, professional conduct, queen's counsel by tracey

‘A leading barrister blogger has blasted her own colleagues at the Bar for “being prats on social media” who “trash our reputation”.’

Full Story

Legal Futures, 9th January 2020

Source: www.legalfutures.co.uk

Options for reforming valuation in leasehold enfranchisement published by Law Commission – Law Commission

Posted January 9th, 2020 in enfranchisement, leases, press releases, valuation by tracey

‘The Law Commission of England and Wales has today [09 January 2020] published a report setting out options to reduce the cost that leaseholders have to pay to buy the freehold or extend the lease of their homes (known as “enfranchisement”). The reforms have the potential to make the process easier and more affordable for millions of leaseholders across England and Wales.’

Full press release

Law commission, 9th January 2020

Source: www.lawcom.gov

Letter to the ACMD to review GHB and GBL – Home Office

Posted January 9th, 2020 in drug abuse, medicines, press releases by tracey

‘Letter from the Home Secretary asking the Advisory Council on the Misuse of Drugs to review the classification of GHB and GBL.’

Full letter

Home Office, 6th January 2020

Source: www.gov.uk/home-office

Court orders change in living arrangements for a child following parental alienation – Family Law

Posted January 9th, 2020 in children, news, parental responsibility, residence orders by tracey

‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’

Full Story

Family Law, 8th January 2020

Source: www.familylaw.co.uk

Coercive control post-Challen – Counsel

Posted January 9th, 2020 in coercive & controlling behaviour, domestic violence, murder, news by sally

‘Crucial perspective and points of alert for practitioners defending and prosecuting cases involving abused women who have killed.’

Full Story

Counsel, January 2020

Source: www.counselmagazine.co.uk

Financial Remedy & Divorce Update, December 2019 – Family Law Week

Posted January 9th, 2020 in divorce, financial provision, news by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2019.’

Full Story

Family Law Week, 30th December 2019

Source: www.familylawweek.co.uk

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers

Posted January 9th, 2020 in news, pensions, statutory interpretation, time limits, wills by sally

‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’

Full Story

Wilberforce Chambers, 7th January 2020

Source: www.wilberforce.co.uk

What is no fault divorce and why does it matter? – The Independent

Posted January 9th, 2020 in bills, divorce, news by tracey

‘The start of 2020 is set to see the biggest shake up of divorce laws for over half a century as the Divorce, Dissolution and Separation Bill entered Parliament on 7 January. First promised by the government in April 2018, divorcing couples have now been waiting nearly a year for the arrival of the bill, which is likely to revolutionise marriage split with the introduction of “no-fault” divorce.’

Full Story

The Independent, 8th January 2020

Source: www.independent.co.uk

Employment and Discrimination Newsletter – January 2020 – 3PB

Posted January 9th, 2020 in employment, equal pay, equality, limitations, news, self-employment, transgender persons, whistleblowers by sally

‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’

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3PB, 6th January 2020

Source: www.3pb.co.uk

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

Full Story

39 Essex Chambers, 7th January 2020

Source: www.39essex.com

CPS ‘struggling to cope’ in disclosing evidence to defendants – report – The Guardian

Posted January 9th, 2020 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, reports by tracey

‘A shortage of prosecutors and experienced police officers has left investigators “struggling to cope” with obligations to disclose key evidence to defendants in criminal trials, according to a critical inspectorate report.’

Full Story

The Guardian, 9th January 2020

Source: www.theguardian.com

Family Law Newsletter #32 – Spire Barristers

Posted January 9th, 2020 in care orders, civil partnerships, guardianship, marriage, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

Full Story

Spire Barristers, 6th January 2020

Source: spirebarristers.co.uk

Students who have been sexually assaulted are being let down by ‘inadequate’ support from universities, regulator warns – The Independent

Posted January 9th, 2020 in harassment, news, sexual offences, universities by tracey

‘Students who have been sexually assaulted or harassed are often being let down by “inadequate” support and “ineffective” reporting procedures in universities, the regulator has warned.’

Full Story

The Independent, 9th January 2020

Source: www.independent.co.uk

Young victims of trafficking—prosecution or protection? – Counsel

Posted January 9th, 2020 in drug trafficking, news, prosecutions, trafficking in human beings, victims, young offenders, young persons by sally

‘The growth in ‘county lines’ cases involving young defendants, themselves victims of trafficking, poses particular issues: practical steps that may assist practitioners and recent case law principles.’

Full Story

Counsel, January 2020

Source: www.counselmagazine.co.uk

MS patient found not guilty of cultivating cannabis for medical use – Garden Court Chambers

Posted January 9th, 2020 in Crown Prosecution Service, disabled persons, drug offences, medicines, news, prosecutions by sally

‘Carlisle Court acquitted an MS patient today of cultivating cannabis, following the Crown Prosecution Service’s decision not to offer evidence in court today on a public interest basis.’

Full Story

Garden Court Chambers, 6th January 2020

Source: www.gardencourtchambers.co.uk

Jogee: no winners in this case – Counsel

Posted January 9th, 2020 in joint enterprise, murder, news, offensive weapons, Supreme Court, young offenders by sally

‘An insight into what it’s like being a young defendant in a gang-related murder trial. Did Jogee change the ‘odds’? Is the doctrine still a stark reality?’

Full Story

Counsel, January 2020

Source: www.counselmagazine.co.uk

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

Full Story

Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk

Three-quarters of domestic abuse victims trying to flee partner hit with ‘insidious’ technological abuse – The Independent

Posted January 9th, 2020 in domestic violence, harassment, internet, news, stalking, telecommunications, victims by tracey

‘Three in four domestic abuse victims have been exposed to “controlling, humiliating or monitoring” behaviour by their former partners using technology, new figures show.’

Full Story

The Independent, 9th January 2020

Source: www.independent.co.uk