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’.’

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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.’

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BBC News, 27th January 2020

Source: www.bbc.co.uk

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

‘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.’

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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.’

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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.’

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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.’

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BBC News, 25th January 2020

Source: www.bbc.co.uk

Gypsies and Travellers – time for a rethink – Nearly Legal

‘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.’

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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.’

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Legal Futures, 27th January 2020

Source: www.legalfutures.co.uk

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

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

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BBC News, 27th January 2020

Source: www.bbc.co.uk

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

‘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.’

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The Guardian, 27th January 2020

Source: www.theguardian.com

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

‘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.’

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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

‘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.’

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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?’

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Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk

The Stalking Protection Order – 25 Bedford Row

Posted January 22nd, 2020 in harassment, injunctions, news, police, stalking, victims by sally

‘Stalking has become a serious infringement of the lives of both women, men, young girls and boys. One in five women and one in ten men are likely to be victims in their lifetime and the prosecution for stalking offences demonstrates a rising trend in offending.’

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25 Bedford Row, 20th January 2020

Source: www.25bedfordrow.com

LSB launches continuing competence inquiry – Legal Futures

‘The Legal Services Board (LSB) has launched a call for evidence on continuing competence, the first stage in a promised review of the issue that could lead to periodic checks on lawyers’ fitness to practise.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Up High and Down Low: ownership of airspace and subsoil – Hardwicke Chambers

Posted January 22nd, 2020 in landlord & tenant, news by sally

‘In this podcast Daniel Gatty and Priya Gopal discuss the law regarding freehold and leasehold ownership of airspace above and subsoil below land and buildings.’

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Harwicke Chambers, 16th January 2020

Source: hardwicke.co.uk

Divorce or Separation: Impact on Leave to Remain – Richmond Chambers

Posted January 22nd, 2020 in deportation, divorce, domestic violence, families, immigration, news by sally

‘January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK?’

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Richmond Chambers, 17th January 2020

Source: immigrationbarrister.co.uk

Criminal legal aid solicitor struck off for accounts rule breaches – Legal Futures

‘A solicitor has been struck off after nearly 40 years in practice after admitting that the difficulties of relying on payment from criminal legal aid work overwhelmed him.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Default Interest? That is just under 290% p.a. – KCH Garden Sq

Posted January 22nd, 2020 in interest, loans, news, repossession by sally

‘An interesting part of my work involves advising and appearing in cases in which there are loans from companies that specialise in loans to “distressed borrowers”. I have acted both for and against loan companies in that area of business, and so I have been able to see the issues from both sides.’

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KCH Garden Sq, 16th January 2020

Source: kchgardensquare.co.uk

Cybercrime laws need urgent reform to protect UK, says report – The Guardian

Posted January 22nd, 2020 in computer crime, internet, news, public interest, statute law revision by sally

‘Britain’s cyber-defences are being endangered by the outdated Computer Misuse Act, which prevents investigators from dealing effectively with online threats while over-punishing immature defendants, according to a legal report.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com