An update to the Wills Act 1837 – Mills & Reeve

‘On 5 October 2023, the Law Commission began a consultation into the use of electronic wills and the effect of a marriage or civil partnership on an existing will.’

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Mills & Reeve, 12th October 2023

Source: www.mills-reeve.com

Judges told not to jail rapists due to overcrowded prisons – The Independent

Posted October 12th, 2023 in bail, early release, judiciary, news, prisons, sentencing by sally

‘Defendants convicted of some of the most serious crimes including rape and burglary will reportedly face delays in going to prison from next week because jails are full.’

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The Independent, 12th October 2023

Source: www.independent.co.uk

Law Society urges reform of “outdated” mental health legislation – Local Government Lawyer

Posted October 12th, 2023 in bills, civil justice, Law Society, mental health, news, tribunals by sally

‘The Law Society has called for urgent reforms to the Mental Health Act, which it has described as “outdated”.’

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Local Government Lawyer, 11th October 2023

Source: www.localgovernmentlawyer.co.uk

Rule committee warned government over clin neg fixed fee timetable – Legal Futures

Posted October 12th, 2023 in civil procedure rules, costs, fees, hospitals, negligence, news by sally

‘The Civil Procedure Rule Committee (CPRC) warned the government in July about the difficulty of meeting the timetable for the new regime of fixed costs in low-value clinical negligence cases, it has emerged.’

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Legal Futures, 12th October 2023

Source: www.legalfutures.co.uk

Bibby Stockholm: Resident loses High Court fight over Portland migrant barge – BBC News

‘There will not be a judicial review into the Home Office’s use of a barge to house asylum seekers.’

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BBC News, 11th October 2023

Source: www.bbc.co.uk

Just Stop Oil pair jailed over bridge protest lose Supreme Court appeal bid – The Independent

Posted October 12th, 2023 in appeals, demonstrations, news, nuisance, road traffic, sentencing, Supreme Court by sally

‘Two Just Stop Oil protesters jailed after scaling a bridge at the Dartford Crossing have lost a bid to challenge their sentences at the Supreme Court.’

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The Independent, 11th October 2023

Source: www.independent.co.uk

Joanna Simpson: Government blocks wife killer’s automatic release – BBC News

Posted October 12th, 2023 in dangerous offenders, domestic violence, homicide, news, parole by sally

‘A man who killed his wife with a claw hammer has had his automatic release from prison blocked by the government.’

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BBC News, 12th October 2023

Source: www.bbc.co.uk

UK Supreme Court backs worker-friendly underpayment ruling – OUT-LAW.com

Posted October 12th, 2023 in holiday pay, news, Northern Ireland, police, remuneration, Supreme Court by sally

‘The UK’s Supreme Court has backed a Northern Ireland court’s earlier ruling that makes it easier for workers to raise claims for unpaid holiday pay that stretch back over a period of time.’

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OUT-LAW.com, 11th October 2023

Source: www.pinsentmasons.com

Pregnant girl, 11, who was raped twice should have a termination, judge rules – The Independent

Posted October 12th, 2023 in abortion, children, forensic science, human tissue, news, pregnancy, rape by sally

‘A pregnant 11-year-old girl who has twice been raped by teenage boys should have a termination, a High Court judge has ruled.’

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The Independent, 11th October 2023

Source: www.independent.co.uk

Animal Rising activist given suspended sentence for Derby course invasion – The Guardian

‘Ben Newman, a member of the activist group Animal Rising who ran on to the course at Epsom shortly after the start of the Derby, was sentenced to two months’ imprisonment, suspended for 18 months, for contempt of court on Wednesday after he admitted breaching an injunction granted to the Jockey Club in May to prevent disruption at the Derby meeting.;

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The Guardian, 11th October 2023

Source: www.theguardian.com

Expert evidence and fine margins in boundary disputes – Goodmans Autos Limited v Maverstone Properties Limited [2023] EWHC 1882 (KB) – Gatehouse Chambers

Posted October 10th, 2023 in boundaries, chambers articles, expert witnesses, injunctions, news, trespass by sally

‘Goodmans concerned an appeal brought by Goodmans Autos Limited (“GAL”) on the basis that the judge at first instance was wrong to dismiss its claim against Maverstone Properties Limited (“MPL”) and Byoot Develop Limited (“BDL”) for:
1. Damages for trespass to its premises by excavating approximately 6 inches of the GAL Site and removing concrete fence posts on the land and;
2. For an injunction requiring the Defendants to remedy the trespass to its premises caused by concrete poured for the foundations of a building erected by the Defendants flowing over into the excavated space and therefore into the GAL Site.’

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Gatehouse Chambers, 15th September 2023

Source: gatehouselaw.co.uk

MXX v A Secondary School [2023] EWCA Civ 996 – 3PB

‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’

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3PB, 5th September 2023

Source: www.3pb.co.uk

Applications for Non-Molestation Orders: What to Expect – Becket Chambers

Posted October 10th, 2023 in chambers articles, litigants in person, news, non-molestation orders by sally

‘Applications for Non-Molestation Orders are a staple diet of courts up and down the country. Many of those responding to an application for a Non-Molestation Order are litigants in person, so they do not have the benefit of legal advice. This article is designed to assist those people by setting out what to expect from the process and the factors to be considered. As this article is designed primarily to assist those without a solicitor or barrister available to them, legal language, statute and caselaw will be kept to a minimum. Not everything will be covered within the article, but hopefully it will be a useful overview to those responding to an application for a Non-Molestation Order against them.’

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Becket Chambers, 1st September 2023

Source: becket-chambers.co.uk

Perverting the course of justice: an overview of the incoming sentencing guidelines – Guildhall Chambers

Posted October 10th, 2023 in chambers articles, news, perverting the course of justice, sentencing by sally

‘New sentencing guidelines for the offence of perverting the course of justice will come into effect next month. These guidelines will apply to all defendants sentenced from 1st October 2023 onwards, irrespective of the date of the offence.’

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Guildhall Chambers, 25th September 2023

Source: www.guildhallchambers.co.uk

Reforming Compensation for Wrongful Conviction – Mountford Chambers

‘Having spent 17 years in prison and 20 years fighting to clear his name, one imagines that after the relief of having done so, Andy Malkinson’s next focus is on rebuilding his life.’

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Mountford Chambers, 8th September 2023

Source: www.mountfordchambers.com

Article by Jonathan McDonnell: CPR r.55.8: the Defence failed to raise grounds which appeared to be substantial – Park Square Barristers

‘The Claimant was a self-confessed “non-professional” landlord in that they had a single property they let out to a tenant. They were not, for example a sizeable social landlord with years of experience and many resources.’

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Park Square Barristers, 14th September 2023

Source: www.parksquarebarristers.co.uk

Register your block of flats by 1 October 2023 – or go to jail! – Tanfield Chambers

‘Mark Loveday gives a timely reminder as to the upcoming deadline for registration under the BSA 2022.’

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Tanfield Chambers, 15th September 2023

Source: www.tanfieldchambers.co.uk

Caring for unaccompanied children – Law Society’s Gazette

Posted October 10th, 2023 in asylum, children, immigration, local government, news by sally

‘In a sorry adjunct to the debate on the government’s asylum and immigration policies, the recent High Court case of R(ECPAT) v Kent County Council & others [2023] EWHC 1953 (Admin) has provided a concerning insight into the government’s approach to the reception of children into the UK who have no adult to accompany or care for them.’

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Law Society's Gazette, 6th October 2023

Source: www.lawgazette.co.uk

Prison places in England and Wales are ‘bust’, says governors’ union chief – The Guardian

Posted October 10th, 2023 in health & safety, news, prisons by sally

‘Prison places in England and Wales are “bust” because of a lurch to the right by ministers, the president of the Prison Governors Association (PGA) will say in her annual conference speech.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

Inquiry to open into claims British soldiers summarily killed 80 Afghans – The Guardian

Posted October 10th, 2023 in Afghanistan, armed forces, homicide, inquiries, news by sally

‘A public inquiry into allegations that 80 Afghans were summarily killed by members of three different British SAS units begins on Monday amid pleas from victims’ families to uncover the truth behind the deaths.’

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The Guardian, 9th October 2023

Source: www.theguardian.com