MPs call for inquiry into how family courts treat rape and abuse survivors – The Guardian

‘More than 120 MPs have called for the family courts to be opened up to greater scrutiny and for those who father children through rape to be denied parental rights.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Wartime Opt Out Of Human Rights Convention Will Hurt Soldiers And Civilians, Campaigners Say – Rights Info

Posted May 16th, 2019 in armed forces, criminal justice, human rights, Iraq, news, Northern Ireland, war by sally

‘Campaign groups are warning that the new defence secretary’s pledge to opt out of the Human Rights Convention in future conflicts will hurt soldiers and civilians.’

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Rights Info, 15th May 2019

Source: rightsinfo.org

Call for curbs on Lord Chancellor’s power over online rule committee – Legal Futures

‘A future Lord Chancellor could impose “quite radical changes” on the court system unless changes are made to the Courts and Tribunals (Online Procedure) Bill, peers have warned.’

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Legal Futures, 16th May 2019

Source: www.legalfutures.co.uk

New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Tommy Robinson sued by Syrian schoolboy he accused of assault – The Guardian

‘The Syrian schoolboy who was filmed being attacked in a playground in Huddersfield is suing the far-right campaigner Tommy Robinson for accusing him of assaulting white schoolgirls.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

Lone parents lose benefits cap challenge at supreme court – The Guardian

‘The UK’s highest court has rejected a legal challenge to the benefit cap made by campaigners who argued that it discriminated against single parents with young children.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex – Local Government Lawyer

Posted May 16th, 2019 in consent, Court of Protection, judges, local government, media, news by sally

‘A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

‘I was sworn at and told I was useless’: law’s problem with bullying at work – The Guardian

Posted May 16th, 2019 in barristers, bullying, law firms, legal profession, news, solicitors, statistics by sally

‘A recent survey has revealed experiences of aggressive behaviour and incivility from bosses and colleagues.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Voices of children overlooked in family courts, says ex-head – BBC News

‘Family courts in England and Wales are not properly accommodating children’s voices and needs because the government has suggested “it would all cost too much”, their former head has said.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Probation will be renationalised after disastrous Grayling reforms – The Guardian

Posted May 16th, 2019 in contracting out, news, probation, recidivists, rehabilitation, statistics by sally

‘The supervision of all offenders in the community is to be undertaken by the state in a major renationalisation of the probation sector, just five years after Chris Grayling introduced a widely derided programme of privatisation while justice secretary.’

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The Guardian, 16th May 2019

Source: www.theguardian.com

Police take legal action against former officer who had child with activist – The Guardian

‘Police chiefs are taking legal action against one of their former undercover officers who fathered a child during his covert infiltration of leftwing groups and then abandoned him.’

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The Guardian, 14th May 2019

Source: www.theguardian.com

Later rule changes cannot validate earlier pension increases, rules court – OUT-LAW.com

Posted May 15th, 2019 in appeals, news, pensions, retrospectivity by sally

‘Pension trustees have not been allowed to justify an increase pension contributions with rule changes that happened two years later. The Court of Appeal in the UK has ruled that trustees cannot use rule changes from 1993 to rectify mistakes made in 1991.’

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OUT-LAW.com, 15th May 2019

Source: www.out-law.com

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

‘We want to make it more accessible’: a guide to the new-look bar course – The Guardian

Posted May 15th, 2019 in barristers, fees, inns of court, internet, legal education, news, statistics by sally

‘The exam for barrister trainees could be about to change. Here’s all students need to know about the planned new course.’

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The Guardian, 14th May 2019

Source: www.theguardian.com

Judge rejects claims by parish that nuns conspired to provide district council with false information to secure planning permission – Local Government Lawyer

‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (DA & Ors) v Secretary of State for Work and Pensions; R (DS & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21 – UKSC Blog

Posted May 15th, 2019 in appeals, benefits, children, equality, families, news, proportionality, Supreme Court by sally

‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

The socio-economic duty: A powerful idea hidden in plain sight in the Equality Act – Oxford Human Rights Hub

‘Section 1 of the Equality Act 2010 asks public authorities to actively consider the way in which their policies and their most strategic decisions can increase or decrease inequalities. I am talking about the socio-economic duty. However, successive governments since 2010 have failed to commence it, to bring it to life in technical terms, which means that public authorities are not technically bound by Section 1.’

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Oxford Human Rights Hub, 15th May 2019

Source: ohrh.law.ox.ac.uk

Tommy Robinson: high court gives go-ahead for new contempt case – The Guardian

‘Two high court judges have said fresh proceedings can be brought against Tommy Robinson for alleged contempt of court over the filming of people involved in a criminal trial.’

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The Guardian, 14th May 2019

Source: www.theguardian.com