Expert witnesses “prefer preparing in-person for virtual hearings” – Legal Futures

Posted August 18th, 2021 in coronavirus, cross-examination, expert witnesses, news, remote hearings by sally

‘Expert witnesses prefer to travel to prepare themselves for a trial in person with their legal teams even when the trial itself is to be conducted remotely, a report has found.’

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Legal Futures, 18th August 2021

Source: www.legalfutures.co.uk

High Court gives go-ahead for discrimination claim over legislation on regulated settings and children in care – Local Government Lawyer

‘A children’s rights charity has secured permission from the High Court for a judicial review of secondary legislation made by the Education Secretary, Gavin Williamson, which provides that children in care in England up to the age of 15 – but not 16 and 17-year-olds – must always live in regulated settings where they receive day-to-day care from adults.’

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Local Government Lawyer, 18th August 2021

Source: www.localgovernmentlawyer.co.uk

York Council Accused Of Breaching Equality Duty – Each Other

‘Disability activists allege that City of York Council have breached their legal duty to promote equality by seeking to expand their “footstreets” scheme, which would permanently pedestrianise the city centre and potentially limit access for disabled patrons.’

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Each Other, 16th August 2021

Source: eachother.org.uk

Equality laws could be changed to protect women in menopause, says MP – The Guardian

‘Changing equality legislation to protect women going through the menopause should “not be ruled” out, according to the chair of a group of MPs leading an inquiry into discrimination on the issue.’

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The Guardian, 18th August 2021

Source: www.theguardian.com

Does The Legal Definition Of Rape Need Updating? – Each Other

‘The current legal definition of rape means that victims of sexual assault without penile penetration cannot technically claim the word, feeding the stigma felt by some survivors.’

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Each Other, 17th August 2021

Source: eachother.org.uk

Coercive control: Male victims say they aren’t believed – BBC News

‘A man who reported his female partner to the police for coercive control has said not being taken seriously felt like another form of gaslighting.’

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BBC News, 17th August 2021

Source: www.bbc.co.uk

Quarantine hotel rules face legal challenge – BBC News

‘A law firm representing travellers is challenging the UK’s quarantine hotel policy and seeking a judicial review.’

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BBC News, 12th August 2021

Source: www.bbc.co.uk

David Gomoh: four people convicted over murder of NHS worker – The Guardian

Posted August 12th, 2021 in gangs, murder, news, sentencing by sally

‘Four people have been convicted of murdering an NHS worker they selected at random to kill in the street in an attack meant to boost their standing in a gang.’

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The Guardian, 11th August 2021

Source: www.theguardian.com

Court of Appeal calls for fresh attention to fundamental principles of good case management in care proceedings as workload grows – Local Government Lawyer

Posted August 12th, 2021 in appeals, care orders, case management, family courts, news by sally

‘The desired shift in professional practice in care proceedings can be achieved by paying fresh attention to the fundamental principles of good case management, the Court of Appeal has stressed in two cases appealed from the Family Court at Leeds.’

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Local Government Lawyer, 12th August 2021

Source: www.localgovernmentlawyer.co.uk

What does AA v BB tell us about the treatment of domestic abuse since Re H-N? – Transparency Project

‘What does AA v BB tell us about the treatment of domestic abuse since Re H-N?’

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Transparency Project, 10th August 2021

Source: www.transparencyproject.org.uk

Haroldas Bugaila jailed for life for baby son’s murder – BBC News

Posted August 12th, 2021 in child abuse, domestic violence, murder, news, sentencing by sally

‘A man who murdered his baby son and inflicted life-changing injuries on the infant’s twin brother by violently shaking them has been jailed for life.’

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BBC News, 10th August 2021

Source: www.bbc.co.uk

Watchdog backs regulator’s plan to reduce UK energy firms’ returns – The Guardian

‘The competition watchdog has sided with Great Britain’s energy regulator after an industry rebellion over a clampdown on the returns energy network companies can make at the expense of customer bills.’

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The Guardian, 11th August 2021

Source: www.theguardian.com

Article by Jonathan Lewis – Victim status under the Human Rights Act 1998 – Henderson Chambers

Posted August 10th, 2021 in disclosure, human rights, inquiries, judicial review, news, rendition, victims by sally

‘Reprieve, a legal action non-governmental organisation, and two MPs judicially reviewed the Prime Minister’s decision not to hold a public inquiry into the alleged complicity of British state agents in the unlawful rendition, detention, and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim. It further decided that the claimants were not entitled to disclosure in accordance with the standard set in SSHD v AF (No 3). Written by Jonathan Lewis, barrister at Henderson Chambers.’

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Henderson Chambers, 3rd August 2021

Source: www.hendersonchambers.co.uk

“A question of liability” – Sir Robert Akenhead and David Johnson for Building Magazine – Atkin Chambers

Posted August 10th, 2021 in building law, contracts, exclusion clauses, news by sally

‘The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Sir Robert Akenhead, with assistance from David Johnson.’

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Atkin Chambers, 4th August 2021

Source: www.atkinchambers.com

Churchyard access and prescriptive right of way: Hughes – Law & Religion UK

Posted August 10th, 2021 in easements, land registration, news, prescription, rights of way by sally

‘In Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC), the incumbent of St James’s Saul, one of the churches in the Severnside group of parishes in Gloucestershire, applied to HM Land Registry in 2018 for a vehicular right of way for the benefit of the church over land belonging to the neighbouring property, a former school site next to the church. It was claimed that the track had been used by successive incumbents and their visitors – visiting clergy, people tending graves, and the funeral director ­– for more than twenty years for access to the grass where vehicles parked to gain access to the churchyard and church [7]. The neighbouring owners, Mr and Mrs Hughes (who had bought the property from the previous owners, Mr and Mrs West), objected, the matter was referred to the First Tier Tribunal pursuant to s.73(7) Land Registration Act 2002, and the FTT directed the registrar to register the easement [1]. Mr and Mrs Hughes appealed.’

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Law & Religion UK, 10th August 2021

Source: lawandreligionuk.com

Black lawyers most likely to say racial injustice has held back careers – Legal Futures

Posted August 10th, 2021 in legal profession, minorities, news, race discrimination, statistics by sally

‘Black lawyers are much more likely than Asian colleagues to say that racial injustice has held them back in their careers, a survey has found.’

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Legal Futures, 10th August 2021

Source: www.legalfutures.co.uk

Judge warns parties to expect sanctions for incorrect e-bundles – Legal Future

Posted August 10th, 2021 in case management, documents, electronic filing, news, sanctions by sally

‘Judges’ patience with parties that fail to prepare electronic bundles with consistent page numbering is over and they can expect sanctions, the High Court has warned.’

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Legal Futures, 10th August 2021

Source: www.legalfutures.co.uk

Consult on damages for crime victims with convictions, court tells government – BBC News

Posted August 10th, 2021 in compensation, consultations, crime, criminal records, news, victims by sally

‘The public should be consulted on whether crime victims should be barred from getting compensation if they have an unspent conviction, judges say.’

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BBC News, 9th August 2021

Source: www.bbc.co.uk

The police bill is not about law and order – it’s about state control – The Guardian

‘Tucked away in the government’s 300-page police, crime, sentencing and courts bill, are various clauses which will have serious implications for the right to protest. The bill seeks to quietly criminalise “serious annoyance”, increase police powers to restrict protests, and give the home secretary discretion over what types of protests are allowed.’

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The Guardian, 9th August 2021

Source: www.theguardian.com

DON’T LOOK NOW: Non-party costs orders and Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 – 3PB

Posted August 6th, 2021 in appeals, chambers articles, costs, news by sally

‘As Lord Justice Coulson warned at the start of his judgment in the recent Court of Appeal decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037:

“For those who believe that most civil litigation does not end up being about the costs that were incurred in pursuing that same litigation in the first place, look away now.”’

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3PB, 30th July 2021

Source: www.3pb.co.uk