‘The mandatory retirement age (MRA) for judges is to be raised from 70 to 75 to deal with shortfalls in judicial recruitment, the government has decided.’
Litigation Futures, 9th March 2021
Source: www.litigationfutures.com
‘New powers to protect stalking victims are not being used by police, a BBC Wales investigation has found.’
BBC News, 10th March 2021
Source: www.bbc.co.uk
‘A mother who fought to change the law around murder says her daughter would be “very proud”.’
BBC News, 9th March 2021
Source: www.bbc.co.uk
‘Largest such study finds domestic violence experienced by one-in-four teenage girls with worst levels faced by women in their 30s.’
The Guardian, 9th March 2021
Source: www.theguardian.com
‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’
Parklane Plowden Chambers, 26th February 2021
Source: www.parklaneplowden.co.uk
‘Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case.’
Becket Chambers, 3rd March 2021
Source: becket-chambers.co.uk
‘Two new publications were issued by the Forensic Science Regulator (“FSR”) in February 2021.’
2 Hare Court, 25th February 2021
Source: www.2harecourt.com
‘The pandemic has inarguably made custody more severe. Prisoners spend more time in their cell, have fewer visits, and face a heightened risk of infection. The higher courts have established that sentencing courts should account for such hardship. The below is a round-up of the relevant authorities.’
Doughty Street Chambers, 4th March 2021
Source: insights.doughtystreet.co.uk
‘The Domestic Abuse Bill received its second reading stage in the House of Lords on 5 January 2021. The government has indicated a commitment to improving the justice system’s effectiveness in providing protection for victims of domestic abuse and bringing perpetrators to justice.’
Garden Court Chambers, 1st March 2021
Source: www.gardencourtchambers.co.uk
‘The courts are increasingly referring to PD 27A and the necessity for compliance.’
3PB, 26th February 2021
Source: www.3pb.co.uk
‘As anticipated the start of 2021 has shown an increase in COVID-19 related claims being heard at employment tribunals. What type of claims have been heard so far and what should we expect to see more of?’
Parklane Plowden Chambers, 1st March 2021
Source: www.parklaneplowden.co.uk
‘The new Practice Direction 57AC (Witness evidence at trial) is set to significantly alter the approach taken to witness statements in the Business and Property Courts (B&PCs) by introducing new rules to deal with “the phenomenon over-long, over-lawyered trial witness statements” (paragraph 10 of the Factual Witness Evidence in Trials before the Business & Property Courts: Implementation Report of the Witness Evidence Working Group (31 July 2020) (Implementation Report). It will apply in the B&PCs to witness statements signed on or after 6 April 2021 in both new and existing proceedings (paragraph 1.1, PD 57AC. Note that certain types of proceedings are excluded unless the court directs otherwise: see paragraph 1.3).’
Hardwicke Chambers, 4th March 2021
Source: hardwicke.co.uk
‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’
Pallant Chambers, 26th February 2021
Source: www.pallantchambers.co.uk
‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
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