Judge rejects challenge by unregulated sperm donor to local authority proposals in care proceedings – Local Government Lawyer

Posted May 23rd, 2025 in news by sally

‘The Family Court has rejected a challenge by an unregulated sperm donor said to have fathered more than 180 around the world over proposals made by local authorities in two sets of care proceedings.’

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Local Government Lawyer, 22nd May 2025

Source: www.localgovernmentlawyer.co.uk

Court ruling on legal definition of a woman ‘misinterpreted’, Lady Hale says – The Guardian

Posted May 23rd, 2025 in news by sally

‘The supreme court’s ruling that the legal definition of a woman is based on biological sex “has been misinterpreted”, Brenda Hale has said.’

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The Guardian, 22nd May 2025

Source: www.theguardian.com

A Bar to Recovery? Catastrophic Injury and Conditions Precedent – Gatehouse Chambers

Posted May 23rd, 2025 in news by sally

‘The decision of His Honour Judge Pearce in Makin v Protec & QBE [2025] EWHC 895 (KB) is a significant High Court decision which considers whether the duty to notify timeously was a condition precedent under a policy of insurance.’

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Gatehouse Chambers, 20th May 2025

Source: gatehouselaw.co.uk

Digital remains and post-mortem privacy in the UK: what do users want? – International Review of Law, Computers and Technology

Posted May 23rd, 2025 in news by sally

‘The information age has led to extensive personal data aggregation, posing various challenges for posthumous privacy and digital remains. Users are often unaware of tools for managing their digital remains, laws in the area are predominantly silent or inadequate, and the scholarship has argued for appropriate legal and technological solutions. Our study of 1766 adult UK residents’ attitudes, the first in the UK, reveals a desire for control over digital remains but low awareness and utilisation of existing tools. These phenomena are known in the literature as “the posthumous privacy paradox” and “the inverted posthumous privacy paradox” – our data and findings offer strong evidence for future policy and law reform. Based on our findings, complemented by earlier theoretical and doctrinal research, our recommendations include law reforms in data protection, recognition of online tools for managing digital remains and a more comprehensive UK and EU-wide reform that encompasses several relevant areas of law.’

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International Review of Law, Computers and Technology, 20th May 2025

Source: www.tandfonline.com

HSE ordered to pay the entirety of the Defence’s costs for a prosecution which “should not have taken place” and was “starkly improper – Henderson Chambers

Posted May 23rd, 2025 in news by sally

‘HHJ Everett DL sitting in Chester Crown Court has ordered the HSE to pay total Defence costs of £587,382.76 pursuant to s.19(1) of the Prosecution of Offences Act 1985 and Regulation 3 of the Criminal Cases (General) Regulations 1986 on the basis that the fact and manner in which the prosecution was brought constituted an unnecessary or improper act or omission by the HSE. Counsel were instructed by Richard Crockford of FSW Law (formerly of Clyde & Co).’

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Henderson Chambers, 15th May 2025

Source: www.hendersonchambers.co.uk

Modernising the law of Wills – Farrar’s Building

Posted May 23rd, 2025 in news by sally

The Law Commission last week produced its final report on its consultation on the law of wills – the first comprehensive review of the law in this area in nearly 200 years. The project has been an ambitious and lengthy undertaking and proposes to modernise the law in a significant way. The accompanying Bill, if enacted, would aim to do following:

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Farrar's Building, 19th May 2025

Source: www.farrarsbuilding.co.uk

The Sentencing Council’s New Guidelines on Blackmail – Devon Chambers

Posted May 23rd, 2025 in news by sally

‘New sentencing guidelines came into force on the 1 st of April 2025 for the offence of Blackmail. This followed research into judges’ sentencing remarks, and small-scale qualitative research to gauge how the guidelines would work in practice.’

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Devon Chambers, May 2025

Source: devonchambers.co.uk

Sentencing Historic Sex Offences – Pump Court Chambers

Posted May 23rd, 2025 in news by sally

‘The Sentencing Children and Young People guideline is now a widely utilised mechanism for approaching youth offenders. However, this guideline is also essential to consider when an adult is being tried for historic sex offences, carried out in his or her childhood. In approaching sentence for these individuals, counsel must consider the overarching Sentencing Children and Young People guideline and review useful authorities offering guidance on how to address historic offending perpetrated when the Defendant was a youth.’

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Pump Court Chambers, 21st May 2025

Source: www.pumpcourtchambers.com

Managing Contact with Biological and Non-Biologically Related Adults: Challenges and Strategies in Prohibited Steps Order Applications – Five Pump Court Chambers

Posted May 23rd, 2025 in news by sally

‘This blog provides a brief overview of orders that can be made under Section 8 of the Children Act 1989. It will then consider prohibited steps orders in greater detail – what they are, what they can do, what they can’t do and who can apply for one.’

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Five Pump Court Chambers, 20th May 2025

Source: www.5pumpcourt.com

To vary or not to vary, that is the question… – Gatehouse Chambers

Posted May 23rd, 2025 in news by sally

‘In 56 Westbourne Terrace RTM Company Limited v Polturak and Ors [2025] UKUT 88 (LC), the Upper Tribunal provided much needed guidance on the approach to be taken when determining applications for a lease variation under section 35, Landlord and Tenant Act 1987.’

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Gatehouse Chambers, 19th May 2025

Source: gatehouselaw.co.uk

Police, Misadventure, and the Limits of Article 2: R (Robinson) v HM Assistant Coroner for Blackpool & Fylde [2025] EWHC 781 (Admin) – Parklane Plowden Chambers

Posted May 23rd, 2025 in news by sally

‘The High Court has provided important clarification on the circumstances in which Article 2 of the ECHR is automatically engaged following a death involving police contact.’

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Parklane Plowden Chambers, 16th May 2025

Source: www.parklaneplowden.co.uk

The Crown Court sitting as a Magistrates Court and the importance of due process – Mountford Chambers

Posted May 23rd, 2025 in news by sally

‘The Court of Appeal in Canatar [2025] EWCA Crim 611 exposed a series of procedural irregularities where Crown Court judges had exercised powers reserved to the Magistrates’ Court. Lord Justice Lewis’ judgment serves as a cautionary tale on the proper boundaries between judicial roles in our layered court system.’

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Mountford Chambers, 21st May 2025

Source: www.mountfordchambers.com

Court system in crisis as ‘jaw-dropping’ delays mean first trials listed for 2029 – The Independent

Posted May 23rd, 2025 in news by sally

‘Britain’s ailing courts system now has trials scheduled to open no sooner than 2029 – almost four years away – as the government struggles to tackle the lengthening backlog of cases, The Independent can reveal.’

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The Independent, 21st May 2025

Source: www.independent.co.uk

Can secret recordings be used as evidence in court? – Transparency Project

Posted May 23rd, 2025 in news by sally

‘If you record a meeting or conversation about your children, without people being aware you’re recording them, can you then produce and rely on that recording as part of your evidence to a family court?’

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Transparency Project, 22nd May 2025

Source: transparencyproject.org.uk

Experts ‘would refuse to take part’ in mandatory castration for sex offenders – The Guardian

Posted May 23rd, 2025 in news by sally

‘Leading experts on the use of chemical castration for managing sexual offenders have said they would refuse to be part of any programme in the UK that makes the intervention compulsory.’

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The Guaridan, 22nd May 2025

Source: www.theguardian.com

High Court allows council appeal against quashing of noise abatement notice, despite “unnecessary wording” in notice – Local Government Lawyer

Posted May 23rd, 2025 in news by sally

‘Enfield Council has successfully appealed against a district judge’s decision to quash a noise abatement notice issued pursuant to section 80(1) of the Environmental Protection Act 1990 over the “production of noisy music”.’

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Local Government Lawyer, 22nd May 2025

Source: www.localgovernmentlawyer.co.uk

Lucy Letby inquiry will release findings in early 2026, months later than planned – The Guardian

Posted May 23rd, 2025 in news by sally

‘An official report on the deaths and unexplained collapses of babies at a hospital where nurse Lucy Letby worked will be published early next year, months later than originally planned.’

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The Guardian, 22nd May 2025

Source: www.theguardian.com