Artist felt indeterminate jail term was like death sentence, inquest told – The Guardian

Posted February 26th, 2020 in imprisonment, inquests, mental health, news, sentencing by sally

‘An artist who died in a private prison told members of her family the indeterminate term she was serving was “like a death sentence”, a jury has heard.’

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The Guardian, 24th February 2020

Source: www.theguardian.com

Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers

‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Rebecca Hill examines the key legal themes in Extradition Proceedings from 2019 – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, news by sally

‘Reflecting on the key legal themes of 2019 in Extradition cases, it was apparent that two issues had dominated court time in 2019; 1) prison conditions (as ever) and 2) whether Public Prosecutors are sufficiently independent to be treated as ‘Judicial Authorities’ for the purposes of the Act and the Framework Decision. Having reviewed the jurisprudence Rebecca Hill has produced a summary of key points in respect of each issue.’

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5 SAH, 21st February 2020

Source: www.5sah.co.uk

Peer calls for regulation overhaul as CMA plans review – Legal Futures

‘A solicitor peer has urged the Ministry of Justice (MoJ) to act now and simplify the legal regulatory regime, saying nothing will change if it is left to the profession.’

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Legal Futures, 26th February 2020

Source: www.legalfutures.co.uk

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

“The Magnitsky Act – What Now for the Future in the UK” An Article by Lesley Manley – Church Court Chambers

Posted February 26th, 2020 in chambers articles, human rights, money laundering, news by sally

‘The “Magnitsky Act” is a trailblazing piece of legislation enacted by the United States. Lesley Manley looks at developments thus far in the UK and considers how the UK jurisdictions will proceed following the withdrawal from the European Union.’

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Church Court Chambers, 26th February 2020

Source: churchcourtchambers.co.uk

Developments since Keyworker Homes – Exchange Chambers

Posted February 26th, 2020 in administrators, chambers articles, electronic filing, insolvency, news by sally

‘In a judgment which disagreed with the recently reported decisions of Re Skeggs Beef Limited[2019] EWHC 2607 (Ch) and Re SJ Henderson and Co Ltd [2019] EWHC 2742 (Ch), HHJ Hodge QC sitting as a Judge of the High Court found:

1) Notices of Intention to Appoint Administrators (“NOI”) can be filed at any time via e-filing and take effect at the time they are filed via e-filing.
2) Directors or the Company can make out of hours appointments of Administrators by filing a Notice of Appointment (“NOA”) at any time via e-filing. The appointment will take effect at the time the documents are filed via e-filing.
3) That for the purposes of the computation of the period of 10 business days pursuant to para 28(2) of Sch.B1 of the Insolvency Act 1986, the first business day will be the business day after the date on which the NOI was filed – thus it is a ‘clear days’ calculation.’

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Exchange Chambers, 20th February 2020

Source: www.exchangechambers.co.uk

Judiciary to design new online consent course for family judges – Local Government Lawyer

‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Significant unlawful eviction case exposes the use of sham letting agreements by landlord companies in London – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, damages, harassment, housing, landlord & tenant, news, repossession by sally

‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’

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Garden Court Chambers, 25th February 2020

Source: www.gardencourtchambers.co.uk

Tecnicas Reunidas Saudia for Services and Contracting Co. Ltd. v. Korea Development Bank – Atkin Chambers

Posted February 26th, 2020 in chambers articles, guarantees, interpretation, news by sally

‘Rupert Choat and CMS Cameron McKenna Nabarro Olswang LLP were successful in obtaining summary judgment against Korea Development Bank (KDB) in the Technology and Construction Court on 14 February 2020. KDB was ordered to pay the full value of a demand guarantee (£8.2 million) plus interest and costs.’

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Atkin Chambers, 20th February 2020

Source: www.atkinchambers.com

‘How do I convince the Home Office I’m a lesbian?’ – BBC News

‘More than 1,500 people seek asylum in the UK on sexuality grounds every year.

The Home Office’s decision on whether to grant or refuse it depends on whether the interviewer finds the asylum-seeker’s account authentic and believable – but each interviewer may have his or her own assumptions about what an authentic and believable account should look like.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Upskirting Surrey pensioner put on sex offenders’ register – BBC News

Posted February 26th, 2020 in news, sexual offences, voyeurism by sally

‘A pensioner has been put on the sex offenders’ register after taking photos up a woman’s dress while on a train.’

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BBC News, 25th February 2020

Source: www.bbc.co.uk

Dual criminality in extradition proceedings – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, foreign jurisdictions, news by sally

‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’

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5 SAH, 20th February 2020

Source: www.5sah.co.uk

Domestic abuser jailed after landmark appeal by solicitor general – The Guardian

‘A violent domestic abuser has been imprisoned for three years after the solicitor general successfully challenged his previous sentence in a landmark case at the court of appeal.’

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The Guardian, 25th February 2020

Source: www.theguardian.com