Improved drafting of Immigration Rules to save Government £70 million – Law Commission

Posted January 23rd, 2020 in immigration, Law Commission, legislative drafting, press releases by tracey

‘Improvements to the way that Immigration Rules are written and presented would make them easier to follow for applicants and save the Government almost £70 million over ten years. This is according to the Law Commission, the independent law reform agency, that published its report on the Simplification of the Immigration Rules today.’

Full press release

Law Commission, 14th January 2020

Source: www.lawcom.gov.uk

High Court judicial approval for joint drafting of family court consent orders – Family Law

Posted January 23rd, 2020 in consent orders, drafting, electronic filing, family courts, news by tracey

‘The green light has now been given to lawyers and others to act for both parties in drafting consensual family court documents. In a judgment on 20 January 2020, Mr Justice Mostyn has given a Declaration that there is no conflict-of-interest for a leading online service to act for both parties in the drafting of a financial consent order under the terms of its business model. He has further held that doing so is neither a reserved legal activity nor a reserved instrument activity and therefore not a breach of the Legal Services Act.’

Full Story

Family Law, 22nd January 2020

Source: www.familylaw.co.uk

This Doesn’t Look Like Justice – Western Circuit

Posted January 23rd, 2020 in barristers, criminal justice, reports by tracey

‘The Leader of the Western Circuit, Kate Brunner QC, has, alongside Anna Midgley and Holly Rust compiled a report, This Doesn’t Look Like Justice, showing how justice is being denied to victims and their families, as well as all other users of the criminal justice system.’

Full report

Western Circuit, 22nd January 2020

Source: www.westerncircuit.co.uk

Director must compensate creditors for cut-price purchase from insolvent company – Law Society’s Gazette

Posted January 23rd, 2020 in company directors, company law, compensation, insolvency, news, valuation by tracey

‘Directors of insolvent companies should not be allowed to buy assets of the business on the cheap, the High Court has ruled. In Systems Building Services Group Limited [2020] EWHC 54 (Ch), the court this week ruled that a director is liable to pay the liquidators of his company money he saved by not placing a house owned by the company on the open market when the company went under.’

Full Story

Law Society's Gazette, 22nd January 2020

Source: www.lawgazette.co.uk

Government terror adviser warns ‘no magic test’ to stop reoffending – The Guardian

Posted January 23rd, 2020 in news, recidivists, release on licence, terrorism by tracey

‘The government’s adviser on terror legislation has warned that there is “no magic test” to determine the risks posed by a terrorist on release from prison, in further criticism of recently announced proposals to examine them with lie detectors.’

Full Story

The Guardian, 22nd January 2020

Source: www.theguardian.com

Serious violent and sexual offenders to spend longer in prison – Ministry of Justice

Posted January 23rd, 2020 in imprisonment, press releases, sentencing, sexual offences, violent offenders by tracey

‘Serious violent and sexual criminals will face more time behind bars under Government plans to better protect the public and restore confidence in the justice system.’

Full press release

Ministry of Justice, 22nd January 2020

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

Former transgender patient will tell court that sex change clinic is putting children on ‘torturous’ path – Daily Telegraph

Posted January 23rd, 2020 in children, consent, hospitals, medical treatment, news, transgender persons by tracey

‘A former transgender patient has mounted an unprecedented legal challenge against a sex change clinic she claims is putting children on a “torturous”, “permanent” and “unnecessary path, High Court documents reveal.’

Full Story

Daily Telegraph, 22nd January 2020

Source: www.telegraph.co.uk

East Kent hospitals: Baby deaths ‘could have been prevented’ – BBC News

Posted January 23rd, 2020 in birth, hospitals, inquests, news, pregnancy by tracey

‘At least seven preventable baby deaths may have occurred at one of the largest groups of hospitals in England since 2016, a BBC investigation has found.’

Full Story

BBC News, 23rd January 2020

Source: www.bbc.co.uk

Rough sex murder defence: Why campaigners want it banned – BBC News

Posted January 23rd, 2020 in defences, murder, news by tracey

‘Campaigners say men are increasingly using the “rough sex” defence to try to get away with murdering women. They want the law changed to prevent such a defence and have the support of two MPs. But what difference would it make?’

Full Story

BBC News, 22nd January 2020

Source: www.bbc.co.uk

John Bercow: Formal complaint lodged against former Commons Speaker – BBC News

Posted January 23rd, 2020 in bullying, complaints, news, parliament, peerages & dignities by tracey

‘A complaint has been made against former Commons Speaker John Bercow by a previous senior advisor.’

Full Story

BBC News, 23rd January 2020

Source: www.bbc.co.uk

Windrush man who served in British army for nine years told there is no record of him – The Independent

Posted January 23rd, 2020 in armed forces, citizenship, colonies, compensation, loans, news by tracey

‘A Windrush man who was told the UK government had no record of him despite having spent nearly a decade serving in the British army says he is struggling to obtain compensation two years on.’

Full Story

The Independent, 23rd january 2020

Source: www.independent.co.uk

Domestic abuse cases abandoned too quickly when victims retreat – study – The Guardian

‘Police and prosecutors are dropping domestic abuse cases far too readily when victims become reluctant to pursue complaints against often violent partners, an official inspectorate report has warned.’

Full Story

The Guardian, 23rd January 2020

Source: www.theguardian.com

Labour MP accused of sexual assault fails in anonymity bid – The Guardian

‘A Labour MP has failed in his bid to stop his name from being revealed in reporting of an upcoming employment tribunal case taken by a woman who has accused him of sexual assault and harassment.’

Full Story

The Guardian, 22nd January 2020

Source: www.theguardian.com

Female judge criticises male colleague who told woman she wasn’t raped as she didn’t fight back – Daily Telegraph

Posted January 23rd, 2020 in appeals, consent, judges, news, rape by tracey

‘A female judge has criticised an “outdated” male colleague after he ruled that a woman had not been raped by her violent partner because she “took no physical steps” to stop him during sex.’

Full Story

Daily Telegraph, 22nd January 2019

Source: www.telegraph.co.uk

SRA presses ahead with plan to cut compensation awards – Legal Futures

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

Full Story

Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer

‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’

Full Story

Local Government Lawyer, 21st January 2020

Source: www.localgovernmentlawyer.co.uk

Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers

Posted January 22nd, 2020 in appeals, codes of practice, mental health, news, sentencing by sally

‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’

Full Story

Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk

The Stalking Protection Order – 25 Bedford Row

Posted January 22nd, 2020 in harassment, injunctions, news, police, stalking, victims by sally

‘Stalking has become a serious infringement of the lives of both women, men, young girls and boys. One in five women and one in ten men are likely to be victims in their lifetime and the prosecution for stalking offences demonstrates a rising trend in offending.’

Full Story

25 Bedford Row, 20th January 2020

Source: www.25bedfordrow.com

LSB launches continuing competence inquiry – Legal Futures

‘The Legal Services Board (LSB) has launched a call for evidence on continuing competence, the first stage in a promised review of the issue that could lead to periodic checks on lawyers’ fitness to practise.’

Full Story

Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Up High and Down Low: ownership of airspace and subsoil – Hardwicke Chambers

Posted January 22nd, 2020 in landlord & tenant, news by sally

‘In this podcast Daniel Gatty and Priya Gopal discuss the law regarding freehold and leasehold ownership of airspace above and subsoil below land and buildings.’

Full Story

Harwicke Chambers, 16th January 2020

Source: hardwicke.co.uk