Confiscation and enforcement notices: the roll-back from Panayi – Carmelite Chambers

Posted June 24th, 2021 in appeals, chambers articles, confiscation, enforcement notices, news by sally

‘Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.’

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Carmelite Chambers, 6th June 2021

Source: www.carmelitechambers.co.uk

Fit for Purpose? Fitness to Plead and Mental Health in the Magistrates’ court – Carmelite Chambers

Posted June 24th, 2021 in fitness to plead, magistrates, mental health, news by sally

‘An analysis of the law on fitness to plead and stand trial in the magistrates’ courts: Silas Lee reviews the key issues and provides some take-away points for defence representatives.’

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Carmelite Chambers, 6th June 2021

Source: www.carmelitechambers.co.uk

Discharge of a Care Order – Court of Appeal summarises the test to be applied – Becket Chambers

Posted June 24th, 2021 in care orders, chambers articles, children, news by sally

‘In TT (Children: Discharge of Care Order) [2021] EWCA Civ 742 the Court of Appeal sets out the tests to be applied on an application to discharge a care order and also considered the relevance of attachment theory in welfare evaluations. Mostyn J’s approach to these issues in the recent case of GM v Carmarthenshire County Council [2018] EWFC 36, [2018] 3 WLR 1126 (‘GM”) was overruled.’

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Becket Chambers, 15th June 2021

Source: becket-chambers.co.uk

Uplifting News: revised Assault Guidelines take consultation responses on board – Carmelite Chambers

Posted June 24th, 2021 in assault, chambers articles, consultations, news, sentencing by sally

‘Vanessa Reid discusses the significant changes soon to be implemented by the revised guidelines for assault offences.’

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Carmelite Chambers, 6th June 2021

Source: www.carmelitechambers.co.uk

Cyber-attacks, Theft of Confidential Information and Norwich Pharmacal Orders – The 36 Group

Posted June 24th, 2021 in affidavits, chambers articles, confidentiality, cross-examination, news by sally

‘In Stokoe Partnership Solicitors v Grayson & Ors [2021] EWCA Civ 626, the Court of Appeal considered the test for ordering the cross-examination of an individual, prior to trial, on the content of his sworn affidavit which had been provided pursuant to a Norwich Pharmacal order.’

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The 36 Group, 15th June 2021

Source: 36group.co.uk

Undercover Policing Inquiry refers first suspected miscarriages of justice – Garden Court Chambers

Posted June 24th, 2021 in chambers articles, inquiries, miscarriage of justice, news, police by sally

‘This week, the Undercover Policing Inquiry referred the first suspected miscarriages of justice, identified through its investigations, to a dedicated panel set up by the Home Office.’

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Garden Court Chambers, 23rd June 2021

Source: www.gardencourtchambers.co.uk

Restricting or Revisiting the Issue of Credit for Pleading Guilty? – Broadway House Chambers

Posted June 24th, 2021 in chambers articles, guilty pleas, news, sentencing by sally

‘What level of credit are you going to submit the Defendant is entitled to for his guilty pleas in the following scenario?’

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Broadway House Chambers, 1st June 2021

Source: broadwayhouse.co.uk

Court of Appeal Guidance on Credit for Guilty Plea Indications – 25 Bedford Row

Posted June 24th, 2021 in chambers articles, guilty pleas, news, sentencing by sally

‘This article reviews the Court of Appeal case of R v Plaku [2021] EWCA 568 which provides guidance concerning credit for guilty plea indications.’

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25 Bedford Row, 2nd June 2021

Source: www.25bedfordrow.com

Maya Forstater v CGD Europe and Others – No. 5 Chambers

‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

The meaning of the term “associated person”- s.62 (3) of the Family Law Act 1996 – Becket Chambers

‘Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)?’

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Becket Chambers, 17th June 2021

Source: becket-chambers.co.uk

UK leads the way as class actions surge across Europe – Litigation Futures

Posted June 24th, 2021 in class actions, EC law, news, statistics by sally

‘A record number of class actions has been filed across Europe in recent years, with more than half of them brought in the UK, according to new research.’

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Litigation Futures, 23rd June 2021

Source: www.litigationfutures.com

R (Morahan) v HM Coroner for West London [2021] EWHC 1603 (Admin) – Inquests and Inquiries Law Blog

Posted June 24th, 2021 in coroners, human rights, inquests, mental health, news by sally

‘In this article, Ed Ramsay discusses the recent case of Morahan, which deals with the issue of when the enhanced investigative duty under Article 2 of the ECHR will be automatically engaged in an inquest.’

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Inquests and Inquiries Law Blog, 22nd June 2021

Source: inquestsandinquirieslawblog.com

Mediation – Don’t panic in the Pandemic – be prepared – 4-5 Gray’s Inn Square

‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’

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4-5 Gray's Inn Square, 21st June 2021

Source: www.4-5.co.uk

Knife, Stone, Paper – Stephen Sedley – London Review of Books

‘Working​ in 2010 on a knotty judgment about the power of the home secretary to include additional criteria in immigration rules that she had previously laid before Parliament as required by statute, something clicked in my memory. Four centuries earlier, in 1611, in a decision known as the Case of Proclamations, it had been ruled that “the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm … The King hath no prerogative, but that which the law of the land allows him.” It gave a key to the question, since immigration rules are made, without need of statutory authority, under the prerogative power to control entry into the realm, a power which is itself part of the common law and subject to its constraints. It was so when Elizabeth I’s autocratic successor, James I and VI, wanted to rule by proclamation; it was so in 2010 when Theresa May wanted to use the royal prerogative to bypass Parliament; it was still so in 2017 when it was proposed that the UK leave the EU by ministerial fiat rather than parliamentary authority, and again in 2019 when Elizabeth II was required by Boris Johnson to prorogue Parliament for no recognised reason.’

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London Review of Books, 1st July 2021

Source: www.lrb.co.uk

European Court of Human Rights orders UK Government to pay €84k to social worker criticised by Family Court judge – Local Government Lawyer

‘The European Court of Human Rights has ordered the Government to pay €24,000 for non-pecuniary damage and €60,000 in legal costs to a social worker who was accused of professional misconduct by a Family Court judge in the course of a fact-finding hearing.’

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Local Government Lawyer, 23rd June 2021

Source: www.localgovernmentlawyer.co.uk

The role of the surveyor-expert and their evidence in litigation – Falcon Chambers

Posted June 24th, 2021 in chambers articles, evidence, expert witnesses, news, valuation by sally

‘This article considers how the duties imposed on expert witnesses impact upon the functions of expert surveyors giving valuation evidence tendered in Court and in the Upper Tribunal. We will refer to all tribunals as “the Court” by way of shorthand.’

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Falcon Chambers, 8th June 2021

Source: www.falcon-chambers.com

TCC debars Defendant during trial from relying on its three technical expert reports following numerous breaches of CPR Part 35 – Henderson Chambers

‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’

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Henderson Chambers, 4th June 2021

Source: www.hendersonchambers.co.uk

UK to ban junk food advertising online and before 9pm on TV from 2023 – The Guardian

Posted June 24th, 2021 in advertising, children, food, health, media, news by sally

‘The government is poised to announce a ban on junk food advertising online and before 9pm on TV from 2023, as Boris Johnson looks to deliver on his pledge to tackle the UK’s growing obesity crisis.’

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The Guardian, 23rd June 2021

Source: www.theguardian.com

UK man jailed for sharing extremist videos, including Christchurch attack – The Guardian

Posted June 24th, 2021 in hate crime, internet, news, sentencing, terrorism, video recordings by sally

‘A British man has been jailed for terrorism offences after sharing explosives manuals and extremist videos, including one apparently celebrating the New Zealand mosque massacres, on rightwing chat groups.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Judge quashes decision by council to grant planning permission for conversion of pub to residential dwelling over public sector equality duty failings – Local Government Lawyer

‘Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.’

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Local Government Lawyer, 24th June 2021

Source: www.localgovernmentlawyer.co.uk