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

Professional Discipline & Regulatory Team Bulletin – Summer 2021 – 23 Essex Street

Posted August 6th, 2021 in chambers articles, expert witnesses, hospitals, news, professional conduct by sally

‘In this edition of the Professional Discipline & Regulatory Team quarterly bulletin, Carolina Cabral discusses the need for expert evidence where matters are of common sense(pp.2-4) and Divya Puri helpfully reminds us of the process and procedure to be undertaken when applying for a High Court extension to an interim order (pp.5-7) We also include our usual brief summary of some recent cases.’

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23 Essex Street, 2nd August 2021

Source: www.23es.com

Winding Up Petitions – Balancing Supporting and Opposing Creditors – 33 Bedford Row

Posted August 6th, 2021 in bankruptcy, chambers articles, debts, insolvency, news, winding up by sally

‘Where a creditors’ winding up petition is presented and the petitioner seeks a winding up order under section 122(1)(f) of the Insolvency Act 1986, and the debtor/respondent company does not resist or its points of defence/opposition prove unmeritorious, the petitioner will be entitled to a winding up order as of right (in Latin, ex debito justitiae). However, this “as of right” entitlement only relates to the relationship between the petitioner and the debtor/respondent (‘debtor’). Where the debtor has only one creditor, i.e. the petitioning creditor, there will be no other, wider interests, to consider (leaving aside the rare intrusion of contributories’ interests). However, where the debtor has other creditors, those other creditors may wish[5] for their voices to be heard as to whether the Companies Court should, under section 125 of the Insolvency Act 1986: (i) make the winding up order; (ii) dismiss the petition; or (iii) make some other order, for instance, to adjourn/stay the winding up petition pending some other event (e.g. a vote on an creditors voluntary arrangement proposal).’

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33 Bedford Row, 1st August 2021

Source: www.33bedfordrow.co.uk

Getting everything you bargained for: X v Kuoni Travel Limited [2021] UKSC 34 determines the scope of ‘holiday arrangements’ in Package Travel claims – Devereux Chambers

‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’

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Devereux Chambers, 3rd August 2021

Source: www.devereuxchambers.co.uk

The COVID-19 Inquiry: Some potential issues – Structure of a public inquiry – Doughty Street Chambers

Posted August 6th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘This series of short articles reflects on some matters that may arise in relation to a public inquiry (or inquiries) into the government’s response to the COVID-19 pandemic, set to be launched in Spring 2022. While little is publicly known about the details of the inquiry, these articles consider the relevant legislative framework and some possible questions of scope, structure and participation.’

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Doughty Street Chambers, 2nd August 2021

Source: insights.doughtystreet.co.uk

The Macpherson Report more than 20 years on – Home Affairs Committee calls for urgent action to tackle deep rooted racial disparities in policing – Garden Court Chambers

‘More than twenty years on from the publication of the Macpherson report that followed the Inquiry into the racist murder of Stephen Lawrence, the Committee has found that there are still serious and deep rooted racial disparities, and that neither police forces nor governments have taken race equality seriously enough for too long.’

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Garden Court Chambers, 30th July 2021

Source: www.gardencourtchambers.co.uk

Implied Revocation of Deeds of Appointment? Equiom v Velarde – Wilberforce Chambers

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

‘In the recent case of Equiom (Isle of Man) Ltd v Velarde [2021] EWHC 1528 (Ch) it was held that a wide power of appointment contained in a will had the effect of impliedly revoking previous deeds of appointment and making a new appointment. This case concerns the will (“the Will”) of a Mrs Patricia Moores, who died in 2017, and a settlement created many years before by her father (“the Settlement”). During her lifetime Mrs Moores had a special power of appointment over property in a sub-fund of the Settlement. The power could be exercised by deeds revocable or irrevocable, or by will or codicil.’

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Wilberforce Chambers, 5th August 2021

Source: www.wilberforce.co.uk

Lawyers pledge to boycott extended court hours – Law Society’s Gazette

‘Almost 400 solicitors and barristers have signed an open letter to HM Courts & Tribunals Service, refusing to attend a ‘single court listing outside of regular court hours’. The Ministry of Justice responded today by denying the existence of any plan for weekend sittings.’

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Law Society's Gazette, 5th August 2021

Source: www.lawgazette.co.uk