Guide to Judicial Conduct – Revised July 2023 – Courts and Tribunals Judiciary

Posted July 27th, 2023 in coroners, judiciary, magistrates, news, professional conduct, tribunals by sally

‘This Guide is intended to assist judges, tribunal members, coroners and magistrates, in relation to their conduct.’

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Courts and Tribunals Judiciary, 27th July 2023

Source: www.judiciary.uk

Judge wrong to let 14-year-old boy instruct solicitor – Legal Futures

Posted July 27th, 2023 in care orders, children, family courts, legal representation, news by sally

‘A family court judge was wrong to order that a 14-year-old boy be allowed to instruct his own solicitor in care proceedings, the Court of Appeal has ruled.’

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Legal Futures, 27th July 2023

Source: www.legalfutures.co.uk

Home Office ordered to change rules that restrict help for trafficking victims – The Guardian

‘A high court judge has ordered the home secretary to change a key part of a trafficking policy introduced just months ago.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

Covid, the Cabinet and a tussle over disclosure: R (Cabinet Office) v The Chair of the UK Covid-19 Inquiry – UK Human Rights Blog

‘In a decision that may come as little surprise to those working in the fields of inquiries and public law, the Divisional Court consisting of Dingemans LJ and Garnham J dismissed the Cabinet Office’s application for judicial review of a notice issued by Baroness Hallett, the Chair of the UK Covid-19 Inquiry (“the Inquiry”) requesting the production of WhatsApp messages.’

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UK Human Rights Blog, 26th July 2023

Source: ukhumanrightsblog.com

‘Shockwaves’ as Supreme Court rules litigation funding deals unenforceable – Law Society’s Gazette

‘Litigation funders will have to redraft the terms of their agreements following a widely awaited ruling by the Supreme Court this morning. In PACCAR Inc & Ors v Competition Appeal Tribunal & Ors, four out of five justices ruled that such agreements fall within the statutory definition of damages-based agreements (DBAs). As they had been entered in to without satisfying conditions for DBAs, they were therefore unenforceable.’

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Law Society's Gazette, 26th July 2023

Source: www.lawgazette.co.uk

Contempt threat against climate activist may undermine trial by jury, lawyers say – The Guardian

‘Leading lawyers have accused the government of undermining trial by jury after a climate activist was told she faces contempt proceedings over holding a sign outside court.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

Aberdare’s Priory Hospital firms fined £400k after workers assaulted – BBC News

‘Companies running a mental health unit have been fined more than £400,000 after staff suffered bite attacks from inpatients.’

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BBC News, 26th July 2023

Source: www.bbc.co.uk

Litigation funding agreements are DBAs, Supreme Court rules – Legal Futures

‘Agreements with third-party litigation funders are damages-based agreements (DBAs), the Supreme Court said today in a ruling likely to invalidate almost all existing arrangements.’

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Legal Futures, 26th July 2023

Source: www.legalfutures.co.uk

Landlord L&Q told to pay out to tenants after finding of severe mismanagement – The Guardian

Posted July 27th, 2023 in compensation, housing, landlord & tenant, news, ombudsmen, repairs by sally

‘One of Britain’s biggest social landlords has been ordered to pay tenants more than £140,000 in compensation as a special investigation by the housing ombudsman revealed it was “dismissive” of tenants and found “severe maladministration” including in tackling disrepair and antisocial behaviour.’

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The Guardian, 27th July 2023

Source: www.theguardian.com

Family Division judge issues ruling on naming of magistrates and legal adviser – Local Government Lawyer

Posted July 27th, 2023 in anonymity, children, magistrates, media, murder, news, reporting restrictions by sally

‘The High Court has ruled that magistrates and a legal adviser involved in decisions on the care of a murdered child, Finley Boden, can be named by the media.’

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Local Government Lawyer, 27th July 2023

Source: www.localgovernmentlawyer.co.uk

Satisfying judgment from scheme assets following bankruptcy discharge – Pensions Barrister

Posted July 27th, 2023 in bankruptcy, debts, injunctions, judgments, news, pensions by sally

‘Handed down on 26th July, the latest in a long line of cases in which a judgment creditor has sought to enforce their debt from the pension scheme assets of the debtor is Cohen v O’Leary [2023] EWHC 1939 (Ch), a decision of Louse Hutton KC, sitting as a Deputy Judge of the High Court.’

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Pensions Barrister, 27th July 2023

Source: www.pensionsbarrister.com

Kevin Spacey cleared of sexually assaulting four men – The Guardian

Posted July 27th, 2023 in assault, juries, news, sexual offences by sally

‘Kevin Spacey wept and said he was humbled after being cleared of sexual assault in one of the UK’s most high-profile #MeToo trials.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

Georgia Harrison’s £200k damages over Stephen Bear sex tape – BBC News

Posted July 27th, 2023 in damages, news, pornography, video recordings, voyeurism by sally

‘Lawyers for a former reality TV personality say she has been granted record damages after her ex-partner shared a private sexual video without her consent.’

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BBC News, 26th July 2023

Source: www.bbc.co.uk

Appeal court overturns Manchester rape conviction of man who spent 17 years in jail – The Guardian

Posted July 27th, 2023 in appeals, miscarriage of justice, news, police, rape by sally

‘A man who spent 17 years in prison for rape has had his conviction overturned by the court of appeal.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

HMRC barred from proceedings for failing to meet disclosure obligations – OUT-LAW.com

Posted July 27th, 2023 in disclosure, fraud, HM Revenue & Customs, news, tax evasion, tribunals, VAT by sally

‘The First-tier Tax Tribunal has barred HM Revenue & Customs from taking any further part in proceedings against a taxpayer, Ebuyer (UK) Limited (Ebuyer), because of its failures to comply with directions – an “unless order” – issued by the tribunal.’

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OUT-LAW.com, 25th July 2023

Source: www.pinsentmasons.com

New Judgment: R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – UKSC Blog

‘This appeal concerns a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful. In particular, this appeal concerns whether each of the agreements to provide this funding, known as litigation funding agreements (“LFAs”), constitute a “damages-based agreement” (“DBA”), a term given a specific definition by statute. In order to be lawful and enforceable a DBA has to satisfy certain conditions. The LFAs have been entered into without satisfying those conditions, so the question whether they constitute DBAs is critical for their enforceability.’

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UKSC Blog, 26th July 2023

Source: ukscblog.com

Jury discharged in trial of UK asylum seeker facing manslaughter charges – The Guardian

Posted July 27th, 2023 in asylum, homicide, juries, news by sally

‘The jury in the trial of an asylum seeker accused of manslaughter over the deaths of four people who were in a small boat with him during his journey across the Channel has been discharged.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

MoJ rules out any exemptions to small claims mediation plan – Legal Futures

Posted July 27th, 2023 in dispute resolution, Ministry of Justice, news, small claims by sally

‘The Ministry of Justice (MoJ) has ruled out any exemptions to the requirement for compulsory mediation that it is set to introduce for small claims.’

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Legal Futures, 27th July 2023

Source: www.legalfutures.co.uk

Bring in new lobbying rules for ex-ministers by autumn, says watchdog – The Guardian

Posted July 27th, 2023 in civil servants, fines, lobbying, ministers' powers and duties, news by sally

‘No 10 should bring in new fines for ex-ministers who break the rules on lobbying in time for Rishi Sunak’s next reshuffle and tighten restrictions on former civil servants, the government watchdog has said.’

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The Guardian, 27th July 2023

Source: www.theguardian.com