Author: sally

Achieving Best Evidence in Family Cases involving allegations of sexual abuse – Pallant Chambers

Posted January 30th, 2020 in child abuse, evidence, family courts, news, witnesses by sally

‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’

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Pallant Chambers, 27th January 2020

Source: www.pallantchambers.co.uk

“Should Cannabis Use be Legalised” An Article by Yasin Patel & Amy Hazlewood – Church Court Chambers

Posted January 30th, 2020 in chambers articles, drug abuse, medicines, news by sally

‘Cannabis, good drug or bad? The topic of debate internationally for decades by governments, medical professionals, recreational users and more. A renewed debate about the laws prohibiting or permitting cannabis use and supply around the world has been fuelled by the legalisation of supply and use of cannabis for ‘recreational’ purposes. Yasin Patel and Amy Hazlewood consider amongst other things, the use of cannabis, the legal history, advantages and disadvantages of legalising it.’

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Church Court Chambers, January 2020

Source: churchcourtchambers.co.uk

Should I choose Tier 1 Entrepreneur or Innovator? – Richmond Chambers

Posted January 30th, 2020 in immigration, news, visas by sally

‘Although the Tier 1 Entrepreneur category is closed to new entrants, those who hold leave in the Tier 1 (Graduate Entrepreneur) route currently or have held it in the last 12 months are still able to apply to enter the Tier 1 (Entrepreneur) route and therefore will need to make a choice about whether to apply as an Innovator or a Tier 1 (Entrepreneur), if they wish to continue their business in the UK. Additionally, there may be some individuals who are already in the Tier 1 (Entrepreneur) category who may be better served by switching to the Innovator route, rather than remaining in the Tier 1 (Entrepreneur) category. In this article we will look at the pros and cons of both categories.’

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Richmond Chambers, 27th January 2020

Source: immigrationbarrister.co.uk

The Impact of Releasing Suspects ‘Under Investigation’ (RUI) – Drystone Chambers

Posted January 30th, 2020 in bail, chambers articles, Crown Prosecution Service, news, police by sally

‘Decisions about bail impact the physical and mental well-being of both complainants and defendants. It is imperative that the right decision about bail is made at the start of an investigation. We have recently seen an explosion in the use of RUI; this article addresses both the problems around RUI as well as potential solutions to it.’

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Drystone Chambers, January 2020

Source: drystone.com

Landmark Court of Appeal judgment criticises the use of wide injunctions which target Gypsy and Traveller encampments – Garden Court Chambers

Posted January 30th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘The Court of Appeal handed down a very significant judgment, dismissing an appeal by Bromley Council against the High Court’s decision to refuse the Council’s application for an injunction against “persons unknown” stopping on public land in the Borough.’

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Garden Court Chambers, 21st January 2020

Source: www.gardencourtchambers.co.uk

Airspace, subsoil and rights of first refusal – Hardwicke Chambers

Posted January 30th, 2020 in chambers articles, landlord & tenant, leases, news by sally

‘In York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch), [2019] 3 WLR 727 Zacaroli J. was asked to resolve various issues under the 1987 Act in a case where a husband and wife owned the freehold of a block of flats and, to preserve its development value, granted one or other of themselves leases of various parts of the block and its surroundings at peppercorn rents.’

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Hardwicke Chambers, 23rd January 2020

Source: hardwicke.co.uk

High Court critical of approach to evidence in Post Office litigation – Henderson Chambers

Posted January 30th, 2020 in chambers articles, computer programs, expert witnesses, news, postal service by sally

‘In the final judgment of this long-running group litigation, the court found numerous issues with the Post Office’s Horizon IT system and ruled in favour of the subpostmasters and subpostmistresses. The overarching point that emerges is the importance of advancing a realistic case, supported by properly considered and careful expert and factual witness evidence.’

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Henderson Chambers, 22nd January 2020

Source: www.hendersonchambers.co.uk

Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph

Posted January 29th, 2020 in case management, climate change, Crown Prosecution Service, demonstrations, environmental protection, holidays, news, notification, police, trespass, witnesses by sally

‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’

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Daily Telegraph, 28th January 2020

Source: www.telegraph.co.uk

Contact, Ultra-Orthodox Judaism, and a Transgender Parent – Transparency Project

Posted January 29th, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘Readers of the blog may well recall the case concerning five Charedi Jewish children at the centre of a family dispute. The children’s father is transgender and left the family home in June 2015 to live as a transgender person. She now lives as a woman. The children’s father sought face to face contact with the children. The childrens’ mother opposed the application.’

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Transparency Project, 28th January 2020

Source: www.transparencyproject.org.uk

Can Prince Andrew be forced to testify? – BBC News

Posted January 29th, 2020 in foreign jurisdictions, inquiries, news, royal family, sexual offences, trafficking in human beings, witnesses by sally

‘Prince Andrew is coming under pressure to speak to investigators in the US about the late sex offender Jeffrey Epstein after claims he is not co-operating with the inquiry.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Filming partner without their consent during sex ruled a criminal offence – The Guardian

Posted January 29th, 2020 in appeals, consent, criminal justice, Crown Prosecution Service, news, privacy, sexual offences, video recordings, voyeurism by sally

‘Anyone who films a partner during sex without their consent is committing the criminal offence of voyeurism, the court of appeal has ruled in a case that may affect the Crown Prosecution Service’s apparent reluctance to bring charges.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

Police tasering of man with mental health issues ‘contributed to his death’ – The Guardian

Posted January 29th, 2020 in causing death of children or vulnerable adults, drug abuse, inquests, mental health, news, police, professional conduct, weapons by sally

‘Truro inquest hears Marc Cole was hit three times as family calls for review of stun guns.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

London Borough of Southwark v Royce & Nicoue [2019] UKUT 331 (LC) – Tanfield Chambers

Posted January 29th, 2020 in appeals, housing, landlord & tenant, leases, local government, news, repairs, service charges, standards, tribunals by sally

‘The First Tier Tribunal had been entitled to reach the conclusions it had as to the degree of separation between two heating systems on adjoining estates. On that basis, the interpretation they had reached of the service charge provisions in the relevant leases was correct, as costs incurred replacing pipes on one estate were not costs “incidental” to the provision of services on the other.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Surrogacy: Social media advertising plans prompt regulator warning – BBC News

Posted January 29th, 2020 in advertising, families, internet, Law Commission, news, pregnancy, surrogacy by sally

‘Social media adverts urging young women to become surrogate mothers could be allowed under Law Commission proposals.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

How do you balance the prejudice between parties when one party could be left with an undefendable claim? – Parklane Plowden

Posted January 29th, 2020 in bereavement, cancer, case management, damages, delay, expert witnesses, families, industrial injuries, news, notification, solicitors, trials by sally

‘HHJ Freedman, the Designated Civil Judge in Newcastle, had to grapple with this in the case of Mitchell v Precis 548 Ltd [2019] EWHC 3314 (QB). HHJ Freedman had to decide whether to accede to the request of a First Defendant in the proceedings as to whether to vacate a trial 2 days before it was due to start.’

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Parklane Plowden, 24th January 2020

Source: www.parklaneplowden.co.uk

Yousef Makki: Boy B loses bid to keep identity secret – BBC News

Posted January 29th, 2020 in anonymity, homicide, news, offensive weapons, ombudsmen, perverting the course of justice, police, public interest, standards, young offenders by sally

‘A teenager cleared of lying to police over the fatal stabbing of 17-year-old Yousef Makki has lost a High Court bid to protect his identity.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Ministers reject calls for immediate compensation for infected blood victims – The Guardian

Posted January 29th, 2020 in blood products, compensation, HIV, inquiries, medical treatment, negligence, news, statistics by sally

‘Calls for immediate compensation for thousands of victims contaminated by infected NHS blood have been rejected by ministers at a meeting with campaigners and survivors – but more health support may be made available.’

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The Guardian, 28th January 2020

Source: www.theguardian.com

Errol Graham death: Nottingham man starved after benefits stopped – BBC News

Posted January 29th, 2020 in benefits, causing death of children or vulnerable adults, inquests, mental health, news by sally

‘Relatives of a man who starved to death after his benefits were stopped have said the system is “not fit for purpose”.’

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BBC, 29th January 2020

Source: www.google.com

Solicitor rejected for job was victim of age discrimination – Legal Futures

Posted January 29th, 2020 in age discrimination, compensation, employment, employment tribunals, equality, law firms, news, solicitors by sally

‘An experienced property solicitor was rejected for a job at a law firm despite being the only person interviewed because of age discrimination, an employment tribunal has ruled.’

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Legal Futures, 29th January 2020

Source: www.legalfutures.co.uk

Environmental Law News Update – Six Pump Court

Posted January 29th, 2020 in agriculture, bills, climate change, environmental protection, news, waste by sally

‘In this latest Environmental Law News Update Christopher Badger considers a new report from the Committee on Climate Change, progress of the Agriculture Bill and a briefing paper from DEFRA putting plastic waste back on the agenda.’

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Six Pump Court, 28th January 2020

Source: www.6pumpcourt.co.uk