Home Office to deport vulnerable asylum seekers – The Guardian

Posted February 20th, 2020 in asylum, deportation, news, trafficking in human beings by sally

‘The Home Office is planning to deport vulnerable asylum seekers and suspected victims of trafficking on a new charter flight on Thursday, the Guardian has learned.’

Full Story

The Guardian, 19th February 2020

Source: www.theguardian.com

Peers alarmed at Henry VIII powers in divorce bill – Law Society’s Gazette

Posted February 20th, 2020 in bills, divorce, news, parliament by sally

‘The House of Lords has urged the government to chop elements of the divorce bill that would enable the lord chancellor to radically alter the reforms without parliamentary scrutiny.’

Full Story

Law Society's Gazette, 19th February 2020

Source: www.lawgazette.co.uk

Ombudsman threatens council with legal action over lack of co-operation – Local Government Lawyer

Posted February 20th, 2020 in homelessness, local government, news by sally

‘Folkestone and Hythe Council was threatened with a court summons by the Local Government Ombudsman over its handling of a complaint about its treatment of a homeless family.’

Full Story

Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

The Overlooked – Nearly Legal

Posted February 20th, 2020 in appeals, news, nuisance, privacy by sally

‘This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate Modern, over the overlooking of their flats (plate glass walls and all) from the viewing platform on the Tate Modern extension.’

Full Story

Nearly Legal, 19th February 2020

Source: nearlylegal.co.uk

Katrina O’Hara murder: Coroner recommends phone access changes – BBC News

Posted February 20th, 2020 in domestic violence, murder, news, telecommunications, victims by sally

‘A coroner has called for domestic abuse victims to have access to mobile phones after police seized a woman’s device days before her murder.’

Full Story

BBC News, 19th February 2020

Source: www.bbc.co.uk

When are Article 8 rights engaged in the context of an unfair dismissal claim and how should the engagement of such rights be approached by the tribunal? – 3PB

‘The claimant was employed by the respondent from 1994 until November 2014 as a Probation Service Officer (“PSO”). In 2014 there was an incident at the claimant’s home involving the claimant, her then partner, and her daughter, who was then a teenager. It was alleged that the claimant had been violent towards her daughter, something she had always vehemently denied. Social Services became involved and her daughter was placed on the Child Protection Register (“CPR”).’

Full Story

3PB, 7th February 2020

Source: www.3pb.co.uk

Restraining Presentation or Advertisement of a Creditor’s Winding Up Petition – 33 Bedford Row

Posted February 20th, 2020 in abuse of process, chambers articles, injunctions, news, notification, winding up by sally

‘Widespread knowledge that a company is subject to a creditor’s winding up petition can cause that company serious harm. Where the creditor’s winding up petition is warranted, this harm may just be an unfortunate consequence of a valid legal process being pursued against it. However, where the creditor’s winding up petition is unwarranted, and is eventually dismissed because it is unwarranted, its dismissal will be ‘cold comfort’ to the company where, in the intervening period between presentation and dismissal, the company has suffered irreparable reputational and operational damage.’

Full Story

33 Bedford Row, 4th February 2020

Source: www.33bedfordrow.co.uk

Thomas on Wales – Counsel

Posted February 20th, 2020 in civil justice, criminal justice, devolution, legal profession, news, reports, Wales by sally

‘With radical recommendations for ‘fair, distinct and devolved’ justice, the Thomas Report should be required reading for anyone interested in Wales and the state of its justice system – writes David Hughes.’

Full Story

Counsel, February 2020

Source: www.counselmagazine.co.uk

Diplomatic immunity and leapfrog – 3PB

Posted February 20th, 2020 in appeals, diplomats, employment tribunals, immunity, news, Supreme Court by sally

‘The EAT has given permission to appeal directly to the Supreme Court for the first time, on the issue of scope of diplomatic immunity.’

Full Story

3PB, 7th February 2020

Source: www.3pb.co.uk

Family courts not safe for domestic violence victims, lawyers say – The Guardian

Posted February 20th, 2020 in domestic violence, family courts, judiciary, news, rape, victims by sally

‘The family courts are not a safe place for victims of domestic violence because some judges there hold “outdated views” on sexual violence and issues of consent, according to a letter signed by 130 lawyers and professionals.’

Full Story

The Guardian, 19th February 2020

Source: www.theguardian.com

Who gets silk? 2019 – Counsel

Posted February 20th, 2020 in barristers, diversity, news, queen's counsel, statistics by sally

‘Celebrating the 114 new silks – plus forensic analysis of the 2019 cohort and what it says about equality of opportunity in the profession and health of the Bar –by David Wurtzel.’

Full Story

Counsel, February 2020

Source: www.counselmagazine.co.uk

5SAH Extradition and International update: February 2020 – 5SAH

Posted February 20th, 2020 in brexit, chambers articles, extradition, Ireland, news by sally

‘Welcome to our February 2020, 5SAH Extradition and International quarterly newsletter. We are pleased to present a variety of articles from our team of specialist extradition and international law barristers.’

Full Story

5SAH, 13th February 2020

Source: www.5sah.co.uk

BT account scammers jailed for £358k fraud – BBC News

Posted February 20th, 2020 in computer crime, conspiracy, electronic mail, fraud, news, sentencing by sally

‘Scammers who infiltrated BT customer accounts as part of a “sophisticated” £358,000 fraud have been jailed.’

Full Story

BBC News, 19th February 2020

Source: www.bbc.co.uk

Longer jail time for terrorists could backfire, says watchdog – The Guardian

Posted February 20th, 2020 in bills, news, parole, release on licence, sentencing, terrorism by sally

‘Emergency plans to increase the minimum time terrorists serve in jail risk being counterproductive because of the danger that prisoners will be further radicalised behind bars, the official watchdog has said.’

Full Story

The Guardian, 19th February 2020

Source: www.theguardian.com

Court of Appeal provides guidance on “borough-wide” injunctions – No. 5 Chambers

‘Bromley LBC had secured a without notice interim injunction in the High Court which prohibited encampment and entry/occupation in relation to all accessible public spaces in the Borough except cemeteries and highways. These amounted to 139 parks, recreation grounds or open spaces, and 32 public car parks. Although the injunction was against “persons unknown”, it was widely understood that the injunction was aimed at the Gypsy and Traveller community.’

Full Story

No. 5 Chambers, 12th February 2020

Source: www.no5.com

Seven men convicted of grooming teenage girls in Huddersfield – The Guardian

Posted February 19th, 2020 in child abuse, children, news, rape, sexual grooming, sexual offences, victims by sally

‘Seven men convicted of sexually exploiting young girls in Huddersfield “robbed their victims of their childhood and abused them in truly appalling ways”, police have said.’

Full Story

The Guardian, 18th February 2020

Source: www.theguardian.com

Fraudulent Non-Disclosure Claim in Property Joint Venture Case Fails – Littleton Chambers

Posted February 19th, 2020 in chambers articles, conspiracy, disclosure, fiduciary duty, fraud, joint ventures, news by sally

‘The claimant (Mr Russell) was one of four individuals involved in a joint venture property development business. The parties entered into a joint venture agreement which obliged them to act with good faith towards each other, in certain limited respects. Mr Russell departed the business pursuant to the terms of a settlement deed. Shortly after that deed was executed, the remaining parties entered into an attractive development project that Mr Russell claimed the other parties did not tell him about, or give him the opportunity to participate in. Mr Russell claimed he was wrongfully excluded by the dishonest actions of the other joint venturers. The claims alleged were: (a) breach of fiduciary duty; (b) breach of the express/implied terms of the joint venture agreement; (c) fraudulent non-disclosure; (d) unlawful means conspiracy. As a result of the terms of the settlement deed, Mr Russell needed to establish fraud or dishonesty to succeed.’

Full Story

Littleton Chambers, 13th February 2020

Source: www.littletonchambers.com

How People In Immigration Detention Try To Cope With Life In Limbo – Each Other

Posted February 19th, 2020 in deportation, detention, immigration, mental health, news, telecommunications by sally

‘The Home Office has received heavy criticism in recent weeks after it emerged people held in immigration detention centres were struggling to access mobile phone reception and could not reach lawyers to challenge their imminent deportation.’

Full Story

Each Other, 18th February 2020

Source: eachother.org.uk

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

Full Story

3PB, 7th February 2020

Source: www.3pb.co.uk

Equitable briefing – Counsel

Posted February 19th, 2020 in barristers, diversity, equality, news, sex discrimination, statistics, women by sally

‘Talent is everywhere, opportunity is not: why equitable briefing is the most pressing practice issue for the Bar in 2020 – writes Lucy Barbet.’

Full Story

Counsel, February 2020

Source: www.counselmagazine.co.uk