What’s the use of a property guardian? – Gatehouse Chambers

Posted April 8th, 2022 in appeals, chambers articles, housing, news, rent, statutory interpretation by sally

‘“What’s the use of a property guardian?” While that might be a potentially facetious question in the mouth of a person who has no experience of property guardians, it was also the question which was decided recently in the interesting Upper Tribunal (Lands Chamber) decision of Martin Rodger QC, Deputy Chamber President, in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). In that case, however, the question was not facetious but, rather, a serious legal one which determined the outcome of the dispute.’

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Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

BBC blocked from naming alleged MI5 informant accused of abusing women – The Guardian

‘The BBC has been banned from identifying a “dangerous extremist and misogynist” who is allegedly an MI5 informant, after a high court judge granted an injunction.’

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The Guardian, 7th April 2022

Source: www.theguardian.com

Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers

‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’

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Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

Breach of injunction preventing works on woodland site sees landowner receive jail sentence – Local Government Lawyer

‘A landowner in Kent has been given a custodial term of eight months imprisonment, with two months immediate custody and six suspended for 18 months, for breaching an injunction against works on an ancient woodland site.’

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Local Government Lawyer, 6th April 2022

Source: www.localgovernmentlawyer.co.uk

Neurodiversity and the Bar – Counsel

‘An introduction to neurodiversity and why the Bar ought to embrace it – by Oliver May.’

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Counsel, March 2022

Source: www.counselmagazine.co.uk

Judge’s ruling due on legal challenge against Holocaust memorial site – The Independent

Posted April 8th, 2022 in Judaism, news, parliament, planning by sally

‘Campaigners are due to learn whether or not they have won a High Court challenge over plans to build a national Holocaust memorial next to the Houses of Parliament.’

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The Independent, 7th April 2022

Source: www.independent.co.uk

High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers

Posted April 8th, 2022 in chambers articles, housing, local government, news, planning by sally

‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’

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No. 5 Chambers, 4th April 2022

Source: www.no5.com

High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go – Local Government Lawyer

‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers

‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’

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Henderson Chambers, 31st March 2022

Source: www.hendersonchambers.co.uk

Female black and Asian prisoners detail racism endured in landmark report – The Independent

Posted April 8th, 2022 in equality, news, prisons, race discrimination, racism, statistics, women by sally

‘Black and Asian women in prison are experiencing racial discrimination at the hands of staff members, a damning new report has found.’

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The Independent, 8th April 2022

Source: www.independent.co.uk

Police failed woman who killed herself in Blackburn cell, inquest finds – The Guardian

‘Police officers failed a vulnerable and suicidal woman after arresting her and putting her in a police cell where she killed herself, an inquest jury has found.’

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The Guardian, 7th April 2022

Source: www.theguardian.com

Family Law Newsletter #57 – Spire Barristers

Posted April 8th, 2022 in chambers articles, families, family courts, news by sally

‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’

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Spire Barristers, 31st March 2022

Source: spirebarristers.co.uk

Warburton v. Chief Constable of Northamptonshire Police: Applying the Statutory Test – Easier Said Than Done – Littleton Chambers

‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’

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Littleton Chambers, 21st March 2022

Source: littletonchambers.com

Future loss of earnings or Smith v Manchester? – Exchange Chambers

Posted April 8th, 2022 in accidents, chambers articles, damages, news, personal injuries by sally

‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Crypto specialists cautiously welcome regulation plans – Law Society’s Gazette

‘Specialist lawyers have cautiously welcomed the chancellor of the exchequer’s announcement that so-called stablecoins – cryptoassets with a value pegged to that of a conventional fiat currency – are to “be brought within the scope of regulation”. The announcement is part of a package of measures, including the promise of a Royal Mint “non fungible token” (NFT), to make the UK “a global hub for cryptoasset technology and investment”.’

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Law Society's Gazette, 7th April 2022

Source: www.lawgazette.co.uk

R (HM) v Secretary of State for the Home Department – Blackstone Chambers

‘The Divisional Court (Lord Justice Edis and Mr Justice Lane) have handed down an important judgment concerning the legality of the Government’s policy to search, seize and retain data from the mobile phones of migrants arriving by small boat.’

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Blackstone Chambers, 25th March 2022

Source: www.blackstonechambers.com

Rape victim sues police for naming her online – BBC News

‘A woman who was gang-raped by men claiming to be Welsh rugby players has sued the police for naming her online.’

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BBC News, 7th April 2022

Source: www.bbc.co.uk

Man jailed for 13 years for raping woman he met in Kingston nightclub – The Independent

‘A man has been jailed for 13 years after he filmed himself raping a woman he met at a nightclub.’

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The Independent, 7th April 2022

Source: www.independent.co.uk

Reproductive coercion and control in contact cases in the family courts – Law Pod UK

‘Clare Ciborowska and Richard Ager, both family law experts from the Brighton Annexe of 1 Crown Office Row, talk about the difficult subject of reproductive coercion where such allegations arise in child contact cases. Presented by Rosalind English.’

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Law Pod UK, 7th April 2022

Source: audioboom.com