McFarlane tells family judges to curb out-of-hours hearings – Legal Futures

Posted January 11th, 2021 in coronavirus, families, family courts, judges, news, remote hearings by sally

‘The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.’

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Legal Futures, 8th January 2021

Source: www.legalfutures.co.uk

Non-fatal strangulation set to become criminal offence in England and Wales – The Guardian

Posted January 11th, 2021 in bills, criminal justice, domestic violence, news, sentencing, victims by sally

‘The government is set to make non-fatal strangulation a specific criminal offence, with perpetrators facing up to seven years in prison after a sustained campaign from victims and activists.’

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The Guardian, 10th January 2021

Source: www.theguardian.com

Tribunal finds law firm unfairly dismissed paralegal – Legal Futures

‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’

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Legal Futures, 11th January 2021

Source: www.legalfutures.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Covid leading to four-year waits for England and Wales court trials – The Guardian

‘Defendants, victims including teenagers, and witnesses are having to wait up to four years from the time of an alleged offence to the case reaching crown court trial because of delays caused mainly by Covid.’

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The Guardian, 10th January 2021

Source: www.theguardian.com

Visiting care home residents – the rules – Doughty Street Chambers

Posted January 8th, 2021 in care homes, chambers articles, coronavirus, news by sally

‘This blog summarises the new care home visiting rules across the UK’s four nations of England, Scotland, Wales and Northern Ireland.’

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Doughty Street Chambers, 5th January 2021

Source: insights.doughtystreet.co.uk

Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, immigration, news, statutory interpretation by sally

‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’

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5SAH, 5th January 2021

Source: www.5sah.co.uk

Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers

‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’

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Exchange Chambers, 4th January 2021

Source: www.exchangechambers.co.uk

Age assessments 2020: a year in review – Doughty Street

Posted January 8th, 2021 in asylum, chambers articles, children, immigration, local government, news by sally

‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’

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Doughty Street, 7th January 2021

Source: insights.doughtystreet.co.uk

Can employees refuse to attend work because of Covid-19? – Blackstone Chambers

Posted January 8th, 2021 in chambers articles, coronavirus, employment, health & safety, news by sally

‘The Covid-19 pandemic has wrought sudden and drastic changes to the workplace. Many are now working from home, to suppress the spread of the virus and protect themselves or their families from catching it. However, working from home is a precaution which is not available to all, and which is available unequally. There has been no better example of this than last week’s drama (prior to the announcement of the third lockdown) over the reopening of schools, with the government, local authorities, unions and individual schools and teachers at loggerheads over whether pupils can safely return to schools after the Christmas break.’

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Blackstone Chambers, 7th January 2021

Source: coronavirus.blackstonechambers.com

The EAW is dead; long live the UK-EU Surrender Agreement – 6KBW College Hill

Posted January 8th, 2021 in brexit, chambers articles, EC law, news by sally

‘On Christmas Eve, the UK and the EU agreed the terms of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the One Part and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (“the Trade and Cooperation Agreement”). Title VII of Part 3 of the Trade and Cooperation Agreement governs extradition or, to use the language of the agreement, “surrender arrangements” between the UK and the EU. The effect of these provisions is to closely replicate the arrangements under the Framework Decision on the European Arrest Warrant (“the Framework Decision”) and the surrender agreement between Norway and Iceland and the European Union (“the Iceland/Norway Agreement”).’

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6KBW College Hill, 1st January 2021

Source: blog.6kbw.com

Extradition – A Year in Review of 2020 – A look forward to 2021 – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, extradition, human rights, news by sally

‘2020 has undoubtedly been a most unusual year, but in terms of the evolution of extradition caselaw it has been surprisingly still. As in previous years, extradition appeals have been dominated by Article 8 cases and challenges to European prison conditions. However, fewer extraditions than usual have actually taken place, and not for the obvious reasons (although coronavirus (COVID-19) has caused its own delays). Various challenges have led to large numbers of appeals being stayed pending outcomes of lead cases. Sharmistha Michaels and Rebecca Hill, barristers at Five St Andrew’s Hill, discuss the most important extradition judgments of 2020 and what to expect in 2021.’

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5SAH, 6th January 2021

Source: www.5sah.co.uk

Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers

‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’

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Becket Chambers, 5th January 2021

Source: becket-chambers.co.uk

Professional liability update: 2020 year in review – 4 New Square

‘In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.’

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4 New Square, 5th January 2021

Source: www.4newsquare.com

A duty of care – what does the new standard of proof in inquests mean? – 5SAH

‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’

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5SAH, 7th January 2021

Source: www.5sah.co.uk

Bar students and BPP at odds over face-to-face exam this week – Legal Futures

Posted January 6th, 2021 in barristers, coronavirus, examinations, legal education, news, universities by sally

‘Last night’s announcement of a new lockdown has thrown a new element into the dispute between BPP Law School and Bar students over a scheduled face-to-face exam this week.’

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Legal Futures, 5th January 2021

Source: www.legalfutures.co.uk

LEI does not have to fund appeals during “unmeritorious claims” – Litigation Futures

‘Legal expenses insurance (LEI) does not have to fund interlocutory appeals that are likely to succeed as part of claims that overall are predicted to fail, the High Court has ruled.’

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Litigation Futures, 5th January 2021

Source: www.litigationfutures.com

Knife killer brought to justice for 1994 Manchester stabbing – BBC News

‘A killer with a long history of mental health issues has been brought to justice for randomly stabbing a “blameless” man to death 26 years ago.’

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BBC News, 5th January 2021

Source: www.bbc.co.uk

Ep 133: Is our Brexit trade deal with the EU a “Canada minus”? – Law Pod UK

Posted January 6th, 2021 in brexit, EC law, news, podcasts by sally

‘The UK parliament has now passed Boris Johnson’s trade and cooperation agreement with the European Union. Professor Barnard considers it a thin deal – as many predicted – but it has certainly delivered on sovereignty. There is no mention in the text of the European Court of Justice or EU Law. Hear more about the extent to which Britain has “taken back control” in this concise summary.’

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Law Pod UK, 5th January 2021

Source: audioboom.com

‘Deepfake porn images still give me nightmares’ – BBC News

‘A woman who has been the victim of deepfake pornography is calling for a change in the law.’

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BBC News, 6th January 2021

Source: www.bbc.co.uk