Case Law on Covert Recordings – Becket Chambers

‘Covert recordings are any recording made without the express knowledge and permission of the person recorded, whether by audio or video: Family Justice Council.’

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Becket Chambers, 31st October 2024

Source: becket-chambers.co.uk

What can I do when my ex-partner refuses to comply with a financial remedy order? – Becket Chambers

‘Where a party to financial remedy proceedings fails to comply with a final order, there are numerous ways in which the order can be enforced. The rules relating to the enforcement of orders in family proceedings are found in Part 33 of the Family Procedure Rules 2010.’

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Becket Chambers, 7th October 2024

Source: becket-chambers.co.uk

FCA v BlueCrest Capital Management – Blackstone Chambers

Posted November 13th, 2024 in appeals, banking, chambers articles, jurisdiction, news, tribunals by sally

‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress requirements on individual firms. The Court allowed the FCA’s appeal and dismissed the Respondent’s cross-appeal.’

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Blackstone Chambers, 2nd October 2024

Source: www.blackstonechambers.com

Splitting hairs: A review of the ‘related to’ test under section 26 Equality Act 2010 – Cloisters

‘In Finn v British Bung Manufacturing Company [2023] EAT 165, the EAT upheld an employment tribunal’s decision that calling a male colleague a ‘bald c**nt’ was harassment related to sex. The employer’s counterargument, that baldness is not an exclusively male characteristic, failed.’

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Cloisters, 8th October 2024

Source: www.cloisters.com

Conduct in financial remedy proceedings: N v J [2024] EWFC 184 – Becket Chambers

‘It can often be a difficult and sensitive topic in financial remedy proceedings: what relevance is domestic abuse when considering a fair distribution of assets after separation?’

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Becket Chambers, 1st October 2024

Source: becket-chambers.co.uk

Employment Appeal Tribunal gives comprehensive guidance on the correct approach to applications to extend time – Devereuax Chambers

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, news, time limits by sally

‘A litigant wishing to appeal against a decision of the Employment Tribunal must issue a Notice of Appeal within 42 days of either the Tribunal’s order or the date on which the written reasons were sent to the parties.’

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Devereux Chambers, 3rd October 2024

Source: www.devereuxchambers.co.uk

The Law Commission and Law Commission Bill Procedures – House of Commons Library

Posted November 13th, 2024 in bills, Law Commission, news, parliament, statute law revision by sally

‘This briefing outlines the work of the Law Commission of England and Wales and describes the parliamentary procedures used to implement Law Commission recommendations.’

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House of Commons Library, 12th November 2024

Source: commonslibrary.parliament.uk

Daily Mail publisher wins ECHR case against ‘success fees’ paid to lawyers – The Guardian

Posted November 13th, 2024 in damages, fees, freedom of expression, human rights, media, news, privacy, solicitors by sally

‘The publisher of the Daily Mail has won a court battle after arguing that its human rights were breached by a requirement for it to pay “success fees” to lawyers representing people it had paid damages to.’

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The Guardian, 12th November 2024

Source: www.theguardian.com

Metro Bank fined nearly £17m for failure to monitor potential money laundering – The Guardian

Posted November 13th, 2024 in banking, financial services ombudsman, fines, money laundering, news by sally

‘Metro Bank has been fined nearly £17m by the UK’s financial watchdog for failings in its money-laundering controls over four years, in a fresh blow to the lender a year on from its near-collapse.’

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The Guardian, 12th November 2024

Source: www.theguardian.com

‘I might be dead before a decision is made’: Terminally-ill people on assisted dying – BBC News

Posted November 13th, 2024 in assisted suicide, bills, news, suicide by sally

‘The question of whether terminally-ill people should have the right to end their lives is dividing MPs as they consider a proposed law to legalise assisted dying.’

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BBC News,

Source: www.bbc.co.uk

Make revenge porn a civil offence to avoid ‘retraumatising’ trials, MPs told – The Independent

‘Revenge porn should be made a statutory civil offence to allow victims redress without having to go through a “retraumatising” criminal trial, MPs have been told.’

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The Independent, 13th November 2024

Source: www.independent.co.uk

“Vulnerable” legal aid solicitors feel “taken advantage of” – Legal Futures

Posted November 13th, 2024 in budgets, fees, legal aid, legal profession, news, solicitors by sally

‘Legal aid solicitors feel they have been “neglected the most and taken advantage of” in the years following the LASPO cuts, according to an academic study.’

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Legal Futures, 13th November 2024

Source: www.legalfutures.co.uk

‘He’s been punished enough’: Family’s plea for prisoner who set himself alight under indefinite jail term – The Independent

‘A prisoner who set himself alight in his cell after serving 12 years for stealing a mobile phone under an indefinite jail term is still fighting to be moved to a hospital.’

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The Independent, 1st November 2024

Source: www.independent.co.uk

A case-study in witness credibility: Deakin-Stephenson v Behar & Anor [2024] EWHC 2338 (KB) – 1QMLR

Posted November 1st, 2024 in chambers articles, damages, doctors, hospitals, negligence, news, witnesses by sally

‘In November 2016 the Claimant collapsed with acute abdominal pain whilst in a hairdresser in Fulham, London. Investigations at A&E revealed that she had developed diverticulitis with a localised perforation. Her surgeon, Mr Behar, tried to treat it conservatively with intravenous antibiotics and fluids but the disease continued to progress. Mr Behar therefore carried out a laparoscopic lavage, after which the Claimant’s condition settled for over 24 hours. However, later on the following day, she collapsed with severe abdominal pain and Mr Behar completed a Hartmann’s procedure.’

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1QMLR, 28th October 2024

Source: 1corqmlr.com

Air pollution death settlement is not a win – mum – BBC News

‘A mother whose nine-year-old daughter became the first person in the UK to have air pollution recognised as a factor in her death said she was “never going to win” despite settling legal action with the government.’

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BBC News, 31st October 2024

Source: www.bbc.co.uk

The CQC and DoLS – the need for a ‘substantial intervention’ – Mental Capacity Law and Policy

‘In its most recent State of Care Report, the CQC has a lengthy and detailed ‘area of concern’ section on DoLS, the key findings being as follows:

– Too many people are waiting too long for a Deprivation of Liberty Safeguards (DoLS) authorisation, despite multiple examples of local authorities trying their best to reduce backlogs and ensure sustainable improvement.
– We remain worried about the rights of people at the heart of the DoLS system. We continue to see people in vulnerable circumstances without legal protection, which not only affects them but also their families, carers, staff and local authorities.
– The system has needed reform for over 10 years. Unless there is substantial intervention, we are concerned that these challenges will continue.’

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Mental Capacity Law and Policy, 31st October 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Shoplifter in UK banned from wearing wigs she used to disguise herself – The Guardian

Posted November 1st, 2024 in criminal behaviour orders, news, theft by sally

‘A shoplifter has been banned from wearing wigs after numerous attempts to disguise herself while committing thefts, police said.’

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The Guardian, 31st October 2024

Source: www.theguardian.com

When rules clash: faith, identity, and the Football Association – Law & Religion UK

Posted November 1st, 2024 in equality, human rights, Islam, islamic law, news, sport by sally

‘A Muslim football coach was prevented from playing in a match because she wears tracksuit bottoms rather than shorts: she says that wearing shorts compromises her religious beliefs.’

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Law & Religion UK, 31st October 2024

Source: lawandreligionuk.com

Assisted Dying: What Role for the Judge? – Transparency Project

‘The Terminally Ill Adults (End of Life) Bill had its first, purely formal, reading in the House of Commons on 16 October 2024, when it was presented by Kim Leadbeater MP. The important second reading is fixed for 29 November 2024.’

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Transparency Project, 30th October 2024

Source: transparencyproject.org.uk

Philip Murray: Looking down the slippery slope: Can assisted suicide be restricted to the terminally ill? – UK Constitutional Law Association

Posted October 31st, 2024 in assisted suicide, bills, constitutional law, health, human rights, news, suicide by sally

‘Kim Leadbeater has recently introduced a Private Member’s Bill in the House of Commons which seeks to legalise assisted suicide for the terminally ill. Despite its second reading being scheduled for 29 November, the text of the Bill is, somewhat remarkably given its significance, still to be published. Yet the outline of Leadbeater’s proposals has already become known. As such, I seek to offer here a legal analysis of some of the issues relating to legalising assisted suicide in the UK, and particular the idea that any law can be effectively limited to terminally ill adults.’

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UK Constitutional Law Association, 30th October 2024

Source: ukconstitutionallaw.org