Ground Rules – Vulnerable witnesses – Becket Chambers

Posted March 10th, 2021 in chambers articles, children, families, news, practice directions, witnesses by sally

‘We have a new Practice Direction 3AA which covers participation in proceedings for vulnerable person who will be required to give evidence, which is effective from February 2021.’

Full Story

Becket Chambers, 26th February 2021

Source: becket-chambers.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

Full Story

12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

“You don’t have the votes!” – 4-5 Gray’s Inn Square

Posted March 10th, 2021 in chambers articles, elections, local government, news, parliament by sally

‘Imagine. The UK May 2024 general election is finally drawing to a close. After months of campaigning, the votes are in and pundits are predicting a clear win for Party A. The leader of Party B is concerned the election was not fair and accusations of voter fraud and spoiled ballots begin to fly on social media and the national news. How will this be investigated? Will anyone be prosecuted? Could the election result really be overturned?’

Full Story

4-5 Gray's Inn Square, 4th March 2021

Source: www.4-5.co.uk

New Requirements for Witness Statements – 3 Hare Court

‘From 6 April 2021, a new regime for witness statements in the Business and Property Courts will come into force. Practice Direction 57AC will introduce significantly tighter requirements that will apply to all trial witness statements signed on or after 6 April 2021, including those in claims that have already been issued.’

Full Story

3 Hare Court, February 2021

Source: 3xuhxi1g279p1z966c3knla6-wpengine.netdna-ssl.com

Which hat am I wearing? A tale of two jurisdictions – St Ives Chambers

‘The Court of Appeal Criminal Division and the Divisional Court have confirmed the circumstances in which the Crown, a Defendant, or a third party can challenge the making, variation, or failure to make a reporting restriction for a young person in the criminal justice system.’

Full Story

St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Tough new rules aim to make electrical goods last longer – The Guardian

‘Tougher rules are being introduced to make appliances such as fridges, washing machines and TVs cheaper to run and last longer, the government has said.’

Full Story

The Guardian, 10th March 2021

Source: www.theguardian.com

Meet the new fraud, same as the old fraud – Carmelite Chambers

Posted March 10th, 2021 in budgets, chambers articles, fraud, loans, news, taxation by sally

‘Mark Watson considers the latest Budget and outlines concerns about the scope for abuse and the response from the Government.’

Full Story

Carmelite Chambers, 5th March 2021

Source: www.carmelitechambers.co.uk

Daniella Lock: The Shamima Begum Case: Difficulties with ‘democratic accountability’ as a justification for judicial deference in the national security context – UK Constitutional Law Association

‘No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years (such as, for example, in the Miller cases). A key feature of this deference is that it is offered in a national security context, where judicial deference has often played a role. This deference is partly justified by the Court on the grounds that Ministers are democratically accountable for national security decisions. However, as this post argues, the extent to which democratic accountability is a legitimate ground for judicial deference to national security decisions is questionable in light of current UK practice. This post raises three difficulties with relying on democratic accountability as a ground for deference in the UK national security context.’

Full Story

UK Constitutional Law Association, 9th March 2021

Source: ukconstitutionallaw.org

For Whom the Bell Tolls: “Contract” in the Gig Economy – Oxford Human Rights Hub

‘Are Uber drivers ‘limb (b) workers’ and so entitled to fundamental statutory rights such as the minimum wage and working time protections? In a decision of fundamental significance, six Justices of the United Kingdom Supreme Court (UKSC) upheld the original Employment Tribunal (ET) decision that the drivers were ‘limb (b) workers. In reaching this conclusion, the UKSC endorsed the ‘purposive’ approach that had been set down in the earlier case of Autoclenz v Belcher by Lord Clarke.’

Full Story

Oxford Human Rights Hub, 7th March 2021

Source: ohrh.law.ox.ac.uk

Guidance on sex question in UK census must be changed, high court rules – The Guardian

Posted March 10th, 2021 in birth certificates, census, gender, judicial review, news by sally

‘Guidance on the sex question in the UK census must be changed before the official day to complete it on 21 March, a high court judge has ruled.’

Full Story

The Guardian, 9th March 2021

Source: www.theguardian.com

Government to align online and paper court fees – Litigation Futures

Posted March 10th, 2021 in consultations, courts, fees, internet, Ministry of Justice, news, statistics by sally

‘The Ministry of Justice (MoJ) is to press ahead with increasing online court fees in money and possession claims to bring them into line with paper claims in the face of opposition from the legal and credit sectors.’

Full Story

Litigation Futures, 9th March 2021

Source: www.litigationfutures.com

Nazir Ahmed trial collapses due to ‘disgraceful’ late disclosure of evidence – The Guardian

‘The trial of a former Labour peer accused of sexually abusing younger children has collapsed due a “disgraceful” late disclosure of evidence by the prosecution, a judge has said.’

Full Story

The Guardian, 9th March 2021

Source: www.theguardian.com

Number of judicial review challenges lodged against councils continued downward trend in 2020: Ministry of Justice – Local Government Lawyer

Posted March 10th, 2021 in judicial review, local government, Ministry of Justice, news, statistics by sally

‘The number of judicial review applications received by local authorities in 2020 was down slightly (2.8%) on the previous 12 months, Ministry of Justice data has revealed.’

Full Story

Local Government Lawyer, 9th March 2021

Source: www.localgovernmentlawyer.co.uk

Tougher sentences on menu in ‘restore confidence’ bill – Law Society’s Gazette

Posted March 10th, 2021 in bills, criminal justice, investigatory powers, news, police, sentencing by sally

‘Legislation aimed at ‘restoring confidence in the criminal justice system’ is to be unveiled in parliament today. According to a government statement, the Police, Crime, Sentencing and Courts Bill will equip the police with the powers and tools they need to protect themselves and the public, while overhauling sentencing laws to keep serious sexual and violent offenders behind bars for longer, and placing greater emphasis on rehabilitation to better help offenders to turn their lives around.’

Full Story

Law Society's Gazette, 9th March 2021

Source: www.lawgazette.co.uk

Partners and Confiscation – Carmelite Chambers

‘Richard Furlong and Alexandra Scott provide a brief guide to defending wives and partners in confiscation proceedings.’

Full Story

Carmelite Chambers, 10th March 2021

Source: www.carmelitechambers.co.uk

Shamima Begum and The Humpty Dumpty Supreme Court – Oxford Human Rights Hub

‘On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court judgment in the high-profile case of the British woman who left the UK as a 15-year-old girl to travel to Syria to join the so-called Islamic State, however, resulted in the Court effectively washing its hands of the case staying it until a full hearing can occur in future—a remote possibility. In the judgment, Lord Reed held the Court of Appeal was in error by substituting its own view of the balance to be struck between national security and the applicant’s rights. In so doing, the Court of Appeal did not give the Secretary of State’s assessment due respect. In this brief post, I wish to focus on a principal aspect of the Supreme Court’s judgment: the concept of deference.’

Full Story

Oxford Human Rights Hub, 8th March 2021

Source: ohrh.law.ox.ac.uk

Cardiff doctor sentenced for £68,000 fraud on NHS – BBC News

Posted March 10th, 2021 in doctors, fraud, news, sentencing, suspended sentences by sally

‘A doctor has been given a suspended sentence after he admitted defrauding the NHS out of nearly £68,000.’

Full Story

BBC News, 9th March 2021

Source: www.bbc.co.uk

Buckland raises judicial retirement age to 75 – Litigation Futures

Posted March 10th, 2021 in consultations, judiciary, Ministry of Justice, news, retirement, statistics by sally

‘The mandatory retirement age (MRA) for judges is to be raised from 70 to 75 to deal with shortfalls in judicial recruitment, the government has decided.’

Full Story

Litigation Futures, 9th March 2021

Source: www.litigationfutures.com

Stalking protection orders: Police ‘not using’ new powers to protect victims – BBC News

Posted March 10th, 2021 in enforcement, harassment, news, police, stalking, statistics, victims by sally

‘New powers to protect stalking victims are not being used by police, a BBC Wales investigation has found.’

Full Story

BBC News, 10th March 2021

Source: www.bbc.co.uk

Interim report reveals 400 submissions over UK gymnastics abuse – The Guardian

‘A review into abuse in British gymnastics has received submissions from nearly 400 people, with 39 cases considered so serious they have been passed to local authorities because of child safeguarding reasons or concerns of ongoing criminal conduct.’

Full Story

The Guardian, 9th March 2021

Source: www.theguardian.com