Author: sally

“No” means No. – JH v MF [2020] EWHC 86 (Fam): An Appeal from the Central Family Court – 5 SAH

Posted January 28th, 2020 in child arrangements orders, coercive & controlling behaviour, domestic violence, family courts, news, rape by sally

‘This case, JH v MF [2020] EWHC 86 (Fam) was an appeal from the Central Family Court following a fact-finding trial before HHJ Robin Tolson QC in proceedings for a child arrangements order. The appellant mother (JH) had alleged domestic abuse, including two allegations of rape. She was represented by a barrister and the respondent father (MF) was unrepresented but supported by a McKenzie friend.’

Full Story

5 SAH, 23rd January 2020

Source: www.5sah.co.uk

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers

Posted January 28th, 2020 in divorce, financial provision, news, pensions by sally

‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’

Full Story

Becket Chambers, 22nd January 2020

Source: becket-chambers.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

Full Story

4 New Square, 27th January 2020

Source: www.4newsquare.com

Article 8 & Unfair Dismissal – January 2020 – Pallant Chambers

Posted January 28th, 2020 in human rights, news, privacy, probation, unfair dismissal by sally

‘Q v Secretary of State for Justice UKEAT/0120/19 was a recent case in which the Employment Appeal Tribunal looked at the application of the Article 8 in a conduct dismissal case.’

Full Story

Pallant Chambers, 23rd January 2020

Source: www.pallantchambers.co.uk

Avon Ground Rents Limited v (1) Cowley and others (2) Metropolitan Housing Trust (3) Advance (4) May Hempstead Partnership – Tanfield Chambers

Posted January 28th, 2020 in landlord & tenant, leases, news, service charges, third parties by sally

‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’

Full Story

Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph

Posted January 27th, 2020 in footpaths, holidays, news, rights of way by sally

‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’

Full Story

Daily Telegraph, 26th January 2020

Source: www.telegraph.co.uk

Government to set up new regulator for oversight of high-risk buildings – Local Government Lawyer

Posted January 27th, 2020 in building law, construction industry, health & safety, housing, news, regulations, standards by sally

‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’

Full Story

Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

The case for judicial early neutral evaluation – Law Society’s Gazette

Posted January 27th, 2020 in case management, civil procedure rules, dispute resolution, news by sally

‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’

Full Story

Law Society's Gazette, 27th January 2020

Source: www.lawgazette.co.uk

Cocaine seizure: Men jailed after 750kg haul found on boat – BBC News

Posted January 27th, 2020 in drug offences, drug trafficking, imprisonment, news, sentencing by sally

‘Two men have been jailed for conspiracy to import cocaine after one of the largest hauls of the drug in UK history was found on board a boat.’

Full Story

BBC News, 27th January 2020

Source: www.bbc.co.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

Posted January 27th, 2020 in contract of employment, employment, employment tribunals, equality, freedom of expression, gender, human rights, internet, news, transgender persons, women by sally

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

Full Story

UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Call for new law to protect victims in the justice system – The Guardian

Posted January 27th, 2020 in courts, criminal justice, news, prosecutions, statistics, victims by sally

‘Ministers have been urged to introduce a “victims’ law” to stop people losing faith in the criminal justice system. The move comes after new data revealed that the number of crime victims who decline to press charges has more than doubled in five years.’

Full Story

The Guardian, 25th January 2020

Source: www.theguardian.com

Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules – Local Government Lawyer

Posted January 27th, 2020 in Afghanistan, asylum, children, codes of practice, immigration, local government, news by sally

‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’

Full Story

Local Government Lawyer, 24th January 2020

Source: www.localgovernmentlawyer.co.uk

Fraud victims ‘failed’ as criminals ‘operate with impunity’ – report – BBC News

Posted January 27th, 2020 in criminal justice, fraud, news, police, statistics, telecommunications, victims by sally

‘Fraudsters “operate with impunity” as a surge in cases has left police struggling to cope, a report has found.’

Full Story

BBC News, 25th January 2020

Source: www.bbc.co.uk

Gypsies and Travellers – time for a rethink – Nearly Legal

Posted January 27th, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, trespass by sally

‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’

Full Story

Nearly Legal, 26th January 2020

Source: nearlylegal.co.uk

Bar investigates training on how to deal with suicidal clients – Legal Futures

Posted January 27th, 2020 in barristers, families, family courts, legal education, mental health, news, suicide by sally

‘The Bar Council is to explore how to deliver training to barristers about dealing with suicidal clients after a family law practitioner related her own harrowing experiences confronting the issue.’

Full Story

Legal Futures, 27th January 2020

Source: www.legalfutures.co.uk

Grenfell Tower fire: Second phase of inquiry to begin – BBC News

Posted January 27th, 2020 in accidents, emergency services, fire, fire services, health & safety, housing, inquiries, local government, negligence, news, standards by sally

‘The second phase of the Grenfell Tower fire inquiry is to begin later, days after one of its panellists resigned.’

Full Story

BBC News, 27th January 2020

Source: www.bbc.co.uk

Longer sentences will not cut crime, say prison experts – The Guardian

Posted January 27th, 2020 in criminal justice, imprisonment, news, prisons, sentencing, sexual offences, statistics, violent offenders by sally

‘Boris Johnson’s hardline approach to justice will not cut crime and will only pile pressure on overstretched prisons, expert campaigners have said, as research reveals life sentences have already risen sharply.’

Full Story

The Guardian, 27th January 2020

Source: www.theguardian.com

SRA presses ahead with plan to cut compensation awards – Legal Futures

Posted January 22nd, 2020 in barristers, compensation, expert witnesses, indemnities, insurance, limitations, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

Full Story

Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’

Full Story

Local Government Lawyer, 21st January 2020

Source: www.localgovernmentlawyer.co.uk

Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers

Posted January 22nd, 2020 in appeals, codes of practice, mental health, news, sentencing by sally

‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’

Full Story

Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk