Coronavirus: Stop jury trials, says Bar Council – Law Society’s Gazette

Posted March 17th, 2020 in barristers, coronavirus, criminal justice, juries, news by sally

‘Jury trials should be stopped immediately, the Bar Council said today, likening court cases to playing Russian roulette with participants’ health.’

Full Story

Law Society's Gazette, 17th March 2020

Source: www.lawgazette.co.uk

The Criminal Justice System: Not fit for Purpose? – 5 SAH

‘Superficially, legally enforceable rights and/or minimum standards for ‘victims’ being served by the Criminal Justice System seem laudable. However, it is worth remembering that a major part of the function of the Criminal Justice System is to determine whether there is a ‘victim’ at all and, if so, who it is.’

Full Story

5 SAH, 2nd March 2020

Source: www.5sah.co.uk

York House (Chelsea) Ltd v Edward Thompson (1) and Domitila Thompson (2) [2019] EWHC 2203 (Ch) – Tanfield Chambers

Posted March 17th, 2020 in gifts, landlord & tenant, leases, married persons, news by sally

‘A husband and wife who are the joint freeholders of a block of flats, granted a number of leases of various parts of that block to one or other of themselves. These were found to be disposals which were exempt from the provisions of part 1 of the Landlord and Tenant Act 1987 (‘the 1987 Act’), either because these were gifts to family under s.4(2)(e) or disposals within a family under s.4(2)(h).’

Full Story

Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

Judge orders dialysis treatment where refusal by 34-year-old man was manifestation of his mental disorder – Local Government Lawyer

Posted March 17th, 2020 in consent, medical treatment, mental health, news by sally

‘A 34-year-old man’s refusal of dialysis was a manifestation of his mental disorder and so he should be ordered to undergo treatment at times when he does not consent to it, a Court of Protection judge has found.’

Full Story

Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk

Law in the Time of Covid – UK Human Rights Blog

Posted March 17th, 2020 in coronavirus, criminal justice, emergency powers, news by sally

‘The Covid-19 pandemic gives rise to such a volume of material as to justify a slightly more detailed examination of its consequences. In time, the response of governments across the globe to the disease will no doubt be the subject of detailed study by academics across the fields of biology, history and law.’

Full Story

UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com

Court of Appeal upholds no order for costs decision in housing case where claimant withdrew proceedings after being given new accommodation – Local Government Lawyer

Posted March 17th, 2020 in causation, costs, housing, judicial review, news by sally

‘A judge was entitled to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.’

Full Story

Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk

Disability Discrimination: Chief Constable of Gwent Police v Parsons and Roberts – Old Square Chambers

‘The Claimants were two police officers aged 48 and 44 who were disabled under Equality Act 2010 (EqA). Because they were also unable to carry out the normal duties of a police officer, they were both awarded “H1 certificates” by the Force Medical Officer, which among other things, gave them the right to have immediate access to their pension (which would otherwise be deferred) if they left the police force before their normal retirement age.’

Full Story

Old Square Chambers, 3rd March 2020

Source: www.oldsquare.co.uk

What is the hidden impact of the menopause at the Bar? – No. 5 Chambers

Posted March 17th, 2020 in barristers, barristers' clerks, diversity, news, women by sally

‘We know that retention rates for women at the Bar are poor. Women come into the profession in high numbers (there has been an approximately 50:50 gender split of those called to the Bar maintained since around 2000), but by 15 years call that drops to around 30% of barristers who are female, and only approximately 15% of all silks were women as at 2019.’

Full Story

No. 5 Chambers, 28th February 2020

Source: www.no5.com

Online political ads should be labelled, says Law Commission – The Guardian

Posted March 17th, 2020 in advertising, internet, Law Commission, news, political parties by sally

‘Online political adverts should be labelled or “imprinted” to show who is paying for them, according to the Law Commission, which warns that there is a “very real risk of the electoral process losing credibility”.’

Full Story

The Guardian, 17th March 2020

Source: www.theguardian.com

Are meaning hearings the new norm? – Law Society’s Gazette

Posted March 17th, 2020 in budgets, costs, defamation, interpretation, news by sally

‘While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion).’

Full Story

Law Society's Gazette, 16th March 2020

Source: www.lawgazette.co.uk

‘Casual’ and ‘fragmented’ approach to welfare of immigration detainee resulted in his death – UK Human Rights Blog

Posted March 17th, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Following an Article 2 inquest into the tragic death of Prince Fosu, a vulnerable foreign national detained in an immigration removal centre, a jury has found that Mr Fosu’s death was avoidable and was caused by a number of gross failures on the part of the Home Office and various agencies to provide appropriate care in immigration detention at Harmondsworth Immigration Removal Centre.’

Full Story

UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com

Fearn & Ors v Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 – Tanfield Chambers

Posted March 17th, 2020 in human rights, news, nuisance, privacy by sally

‘There was no cause of action that existed in respect of a private nuisance for overlooking. The instant case was more akin to an invasion of privacy rather than nuisance, and Parliament should be the body to legislate that area rather than the Courts.’

Full Story

Tanfield Chambers, 25th February 2020

Source: www.tanfieldchambers.co.uk

No whiplash rules until May as clock ticks down to launch – Legal Fututes

‘Personal injury law firms and insurers look unlikely to have sight of the new rules governing the whiplash portal until May as they were not signed off at this month’s meeting of the Civil Procedure Rule Committee (CPRC), it has emerged.’

Full Story

Legal Futures, 17th March 2020

Source: www.legalfutures.co.uk

Sexual predator jailed for luring aspiring models to free photoshoot where he would drug and molest them – Daily Telegraph

Posted March 17th, 2020 in assault, false imprisonment, news, sentencing, sexual offences by sally

‘A serial sexual abuser has been jailed for luring aspiring models to photoshoots where he would ply them with drugged alcohol, wait for them to pass out and assault them.’

Full Story

Daily Telegraph, 14th March 2020

Source: www.telegraph.co.uk

Denton Resource – St John’s Chambers

‘This most recent edition of the Denton Resource includes, in a thematic at-a-glance format, over 200 post-Denton cases decided up to 31 December 2019. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied.’

Full Story

St John's Chambers, 10th February 2020

Source: www.stjohnschambers.co.uk

Will construction—failure of trust (Jeffreys and others v Scruton and others) – Wilberforce Chambers

Posted March 17th, 2020 in chambers articles, news, trusts, wills by sally

‘The Will established a discretionary trust for the testatrix’s issue with a standard power to add any person as an additional beneficiary during the 80-year trust period and wide powers to appoint and apply capital and income. It directed that ‘in default of and subject to any exercise of’ those powers, the trustees should hold the trust fund (i) on expiry of the trust period for her issue (if any) then living and (ii) ‘if at any time the trusts declared by the foregoing provisions fail’ on trust for her nephews and nieces absolutely (subject to attaining age 18 or previously marrying). The testatrix had one child, who predeceased her. The question raised by the trustees was whether the power to add a beneficiary remained exercisable, or whether the trust fund was held exclusively for the nephews and nieces. The court held that upon the testatrix’s death the discretionary trusts had failed—that the power to add was not exercisable—and that the trust fund was accordingly held on trust for the class of nephews and nieces entitled under Clause 5(c)(iii) of the Will.’

Full Story

Wilberforce Chambers, 12th March 2020

Source: www.wilberforce.co.uk

Legal aid lawyers call for government support over Covid-19 – Legal Futures

Posted March 17th, 2020 in coronavirus, law firms, legal aid, news, rates by sally

‘Criminal defence solicitors have called for expedited legal aid payments and an extension of the business rate holiday to law firms with contracts to combat the impact of Covid-19.’

Full Story

Legal Futures, 17th March 2020

Source: www.legalfutures.co.uk

Plan to extend early prisoner release scheme – BBC News

Posted March 17th, 2020 in early release, news, prisons, rehabilitation by sally

‘The government is planning to extend a scheme which allows some prisoners to be freed early to ease pressures in jails across England and Wales.’

Full Story

BBC News, 17th March 2020

Source: www.bbc.co.uk

British American Tobacco circumventing ad ban, experts say – The Guardian

Posted March 17th, 2020 in advertising, internet, news, smoking by sally

‘British American Tobacco (BAT) is marketing e-cigarettes and heated cigarettes with pictures of attractive models and using hashtags such as “I dare you to try it”, despite a crackdown last year after it paid social media influencers to promote its products.’

Full Story

The Guardian, 17th March 2020

Source: www.theguardian.com