Remote Witnessing of Wills During the COVID-19 Pandemic – Parklane Plowden

Posted December 7th, 2020 in chambers articles, coronavirus, fraud, news, probate, undue influence, wills by sally

‘There has unsurprisingly been an uprise in the number of people making wills since the start of the COVID-19 pandemic, though social distancing measures have created problems for people in terms of complying with the witnessing requirements of section 9 of the Wills Act 1837 (“the Wills Act”).’

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Parklane Plowden, 10th November 2020

Source: www.parklaneplowden.co.uk

Guess who? Does a section 8 notice have to contain the landlord’s own name and address? – Hardwicke Chambers

‘Kort Egan discusses Prempeh v Lakhany [2020] EWCA Civ 1422, in which the Court of Appeal considered whether a section 8 notice that is signed by the landlord’s agent and contains the agent’s details, must also include the landlord’s name and address.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

Cost Budgets: Not Necessarily for Life, Maybe Just For Christmas – CPR Rule 3.15A – Becket Chambers

Posted December 7th, 2020 in chambers articles, civil procedure rules, costs, news by sally

‘The Covid-19 pandemic has dominated the legal landscape throughout 2020 with many changes being made to the way professionals work as well as the rules they are subject to. There have been many amendments and additions made to the Civil Procedure Rules as a result of the pandemic, however they are not the only such changes that have been made.’

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Becket Chambers, 3rd December 2020

Source: becket-chambers.co.uk

Beyond regulation: controlling app-based private hire operators – 11 KBW

Posted December 7th, 2020 in chambers articles, internet, licensing, news, regulations, standards, taxis by sally

‘In former times, if you wanted to build a business empire, you needed bricks, mortar and time. It took twenty years for Marks and Spencer to move from their first covered market in Leeds to their first shop. No more. You can run the world’s largest holiday lettings company without owning a hotel, or the largest book retailer in the world without a bookshop, and you can revolutionise the global taxi industry without owning a car. And it all happens at a dizzying pace. The question arises whether these commercial leviathans can be regulated and if so how.’

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11 KBW, November 2020

Source: www.11kbw.com

New Judgment: R (on the application of Gourlay) v Parole Board [2020] UKSC 50 – UKSC Blog

Posted December 7th, 2020 in appeals, costs, judicial review, news, parole, prisons, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the role of the Court in relation to the principles governing the award of costs in lower courts.’

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UKSC Blog, 4th December 2020

Source: ukscblog.com

Guidance on the approach to applications under section 10A of POCA 2002—civil rules and the family home (R v Forte) – 5SAH

‘This case sets out the key principles and procedure to be followed under applications pursuant to section 10A of the Proceeds of Crime Act 2002 (POCA 2002) where the court has to determine the extent of the interest of a third party in property held by a defendant that is likely to be realised or otherwise used to satisfy a confiscation order. The court held that where the prosecution intends to prove that a defendant has a beneficial interest in property and another holds, or may hold, an interest in that property, the burden and standard to be applied are those of the civil standard. Where matrimonial property is concerned, the court is entitled to look to the evidence and draw such inferences as they see fit to determine whether beneficial interest should follow legal title. Such evidence can include sham divorce proceedings and the use of property for a joint purpose.’

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5SAH, 30th November 2020

Source: www.5sah.co.uk

Commission proposes block on ‘vexatious’ misconduct prosecutions – Law Society’s Gazette

‘The ancient common law offence of misconduct in public office is “too ill-defined and uncertain to be maintained in the criminal law,”.the Law Commission has concluded, recommending its replacement with two new offences. The proposed reform would also block ‘vexatious’ private prosecutions of public figures.’

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Law Society's Gazette, 4th December 2020

Source: www.lawgazette.co.uk

Civil partnership conversion for landmark gay couple – BBC News

Posted December 7th, 2020 in civil partnerships, equality, homosexuality, marriage, news, Northern Ireland by sally

‘Chris and Henry Flanagan-Kane were the first gay men in the UK to get a civil partnership back in 2005.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Met faces legal action over spies’ use of dead children’s identities – The Guardian

Posted December 7th, 2020 in bereavement, children, families, news, police, professional conduct, spying by sally

‘The relatives of dead children whose identities were stolen by undercover police officers have launched legal action against the Metropolitan police over their resulting trauma.’

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The Guardian, 7th December 2020

Source: www.theguardian.com

MoJ plans to cut “hopeless” Upper Tribunal appeals – Litigation Futures

‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’

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Litigation Futures, 7th December 2020

Source: www.litigationfutures.com

Lucy McHugh: Social workers caseload ‘too high’ before girl’s murder – BBC News

Posted December 7th, 2020 in local government, murder, news, rape, sexual grooming, sexual offences, social services by sally

‘Social workers’ caseloads were “too high” in the months before a 13-year-old girl was murdered by a man lodging in her home, a council boss has said.’

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BBC News, 6th December 2020

Source: www.bbc.co.uk

Ombudsman criticises council after cancellation of transport sees teenager with autism miss start of term – Local Government Lawyer

‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’

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Local Government Lawyer, 4th December 2020

Source: www.localgovernmentlawyer.co.uk

Judge orders jury to clear woman of murdering Emily Jones in Bolton – The Guardian

‘A woman with a history of violence and mental health problems who confessed to killing seven-year-old Emily Jones, has been cleared of murder.’

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The Guardian, 4th December 2020

Source: www.theguardian.com

Public school boy jailed after being caught trying to swallow 50 packets of cocaine and heroin – Daily Telegraph

Posted December 7th, 2020 in drug abuse, drug offences, drug trafficking, imprisonment, news, sentencing by sally

‘A former public schoolboy and professional rugby player was in jail last night (Sun) after trying to swallow 50 packets of crack cocaine and heroin.’

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Daily Telegraph, 6th December 2020

Source: www.telegraph.co.uk

Ex-judge Sir Peter Gross to head human rights law review – BBC News

‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Times pays damages to advocacy group falsely linked to Reading killer – The Guardian

Posted December 7th, 2020 in compensation, damages, defamation, Islam, media, murder, news, terrorism by sally

‘The Times has apologised to the advocacy organisation Cage and agreed to pay it £30,000 in damages for suggesting it was supporting a man who stabbed three people to death in what police said was a terrorist rampage in a Reading park.’

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The Guardian, 4th December 2020

Source: www.theguardian.com