Long court delays lead to boom in private divorces – Daily Telegraph

Posted March 4th, 2019 in delay, divorce, family courts, news by sally

‘There has been a sharp rise in the number of divorcing couples opting to “go private” in order to avoid the delays and stresses of an over-stretched court system, lawyers have revealed.’

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Daily Telegraph, 2nd March 2019

Source: www.telegraph.co.uk

Personal Data in the Upper Tribunal – Panopticon

Posted March 4th, 2019 in data protection, disclosure, freedom of information, news by sally

‘We all love nuggets, be they of gold or chicken. A couple of short recent Upper Tribunal judgments reached under FOIA may not be finger-lickin’ good, but are nonetheless worthy noting as a tasty morsel or two.In Information Commissioner v Halpin [2019] UKUT 29 (AAC) Judge Markus QC overturned an FTT decision which had held that personal data was not exempt under section 40(2) FOIA. She explained that the FTT had erred in declining to have regard to the possibility of wider disclosure to the world beyond the requestor – because the public authority would no longer have any control over the information once released – such that it had failed properly to balance the competing interests and effects of disclosure. This was a point made in GR-N v Information Commissioner & NMC [2015] UKUT 449 (AAC) and applied since. The requestor’s private motives were sufficient to form a legitimate interest, but did not form a justification for disclosure to the world at large. The FTT had also erred in failing to address the core concern of the public authority, that disclosure would lead to inappropriate complaints against or other targeting of the particular data subjects causing them stress. It was no answer to that to say that the authority had procedures to address complaints: the point was not that the complaints would be upheld but that they would have to be dealt with when they would not have been without disclosure.’

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Panopticon, 28th February 2019

Source: panopticonblog.com

Solicitors and QC “cannot rely” on without prejudice negotiations – Legal Futures

‘Allowing a City law firm and QC to rely on ‘without prejudice’ communications to defend allegations of professional negligence could “undermine the policy of encouraging parties to settle disputes”, the High Court has ruled.’

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Legal Futures, 4th March 2019

Source: www.legalfutures.co.uk

Shamima Begum: is stripping her of her citizenship the right response? – UK Human Rights Blog

‘The fate of Shamima Begum, the British teenager who joined the Islamic State in Syria (ISIS) and has asked to return home, has divided opinion.’

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UK Human Rights Blog, 1st March 2019

Source: ukhumanrightsblog.com

Firms face ban on use of gagging clauses to silence whistleblowers – The Guardian

‘The government has announced proposals to prevent employers from using gagging clauses to stop people reporting criminal behaviour, harassment or discrimination to police.’

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The Guardian, 4th March 2019

Source: www.theguardian.com

First UK transgender prison unit to open – BBC News

Posted March 4th, 2019 in news, prisons, transgender persons by sally

‘The UK’s first prison unit for transgender inmates will open this week, the Ministry of Justice has said.’

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BBC News, 3rd March 2019

Source: www.bbc.co.uk

Legalise assisted dying for terminally ill, say 90% of people in UK – The Guardian

Posted March 4th, 2019 in assisted suicide, euthanasia, news by sally

‘More than 90% of the UK’s population believe assisted dying should be legalised for those suffering from terminal illnesses, according to an opinion poll that shows growing support for change to the law.’

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The Guardian, 3rd March 2019

Source: www.theguardian.com

John Downey: Hyde Park bombing suspect can be extradited over double murder charges – Daily Telegraph

Posted March 4th, 2019 in explosives, extradition, Ireland, murder, news, terrorism by sally

‘Hyde Park bomb suspect John Downey can be extradited from the Republic of Ireland to Northern Ireland to face charges over the murder of two soldiers in 1972, a judge has ruled.’

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Daily Telegraph, 1st March 2019

Source: www.telegraph.co.uk

Women who fell for police spies say they were victims of ‘co-ordinated rape’ – BBC News

Posted March 4th, 2019 in disciplinary procedures, news, police, spying by sally

‘A woman who found out her partner was a policeman paid to spy on her group of activists has said she is the victim of a “conspiracy to rape”.’

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BBC News, 4th March 2019

Source: www.bbc.co.uk

One in five children under supervision orders harmed again within five years – The Guardian

‘At least one in five children in England allowed to return to potentially dangerous homes under supervision orders are back in court within five years having been subjected to further significant harm, according to research.’

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The Guardian, 4th March 2019

Source: www.theguardian.com

Retrospective interpretation: DSG v MasterCard – Competition Bulletin from Blackstone Chambers

Posted February 20th, 2019 in competition, EC law, limitations, news, tribunals by sally

‘The latest battle over limitation in Competition damages claims was a victory for the claimants – see DSG Retail Ltd v MasterCard Inc [2019] CAT 5. In some ways it is a surprising decision, because the Competition Appeal Tribunal has decided that when s.47A of the Competition Act was enacted in 2003, certain claims which were time-barred prior to its enactment were revived. The Tribunal frankly acknowledged that it did not find the matter straightforward, and looking at the rules it is easy to see why.’

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Competition Bulletin from Blackstone Chambers, 19th February 2019

Source: competitionbulletin.com

Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2019] EWCA Civ 27 – Hardwicke Chambers

Posted February 20th, 2019 in enforcement, injunctions, insolvency, jurisdiction, news, stay of proceedings by sally

‘This case concerned both the appeal in Bresco v Lonsdale and Cannon Corporate v Primus Build. The present case comment is only concerned with the former.’

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Hardwicke Chambers, 6th February 2019

Source: hardwicke.co.uk

BC v BG – Challenging arbitration awards in divorce cases – Transparency Project

Posted February 20th, 2019 in arbitration, divorce, matrimonial home, news by sally

‘Divorcing couples who cannot agree how to divide their property can, as an alternative to costly and time consuming litigation, refer the matter to an arbitrator. But if one of them isn’t happy about the outcome, the matter could still end up in court. The recent case of BC v BG [2019] EWFC 7 considers the different ways this can happen, and confirms what should be the preferred approach.’

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Transparency Project, 19th February 2019

Source: www.transparencyproject.org.uk

MPs call for ethics-based internet regulation – OUT-LAW.com

‘A new code of ethics should govern the removal of harmful content from the internet and there should be “large fines” for technology companies that fail to comply with it, a prominent group of MPs has said.’

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OUT-LAW.com, 19th February 2019

Source: www.out-law.com

Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) – Hardwicke Chambers

Posted February 20th, 2019 in building law, construction industry, contracts, documents, news, rectification, tenders by sally

‘In this case tender documentation appended to the Sub-Contract documentation had the effect of limiting the scope of obligations under the Sub-Contract.’

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Hardwicke Chambers, 25th January 2019

Source: hardwicke.co.uk

Boy convicted of sex assault on pupil allowed back to school – BBC News

Posted February 20th, 2019 in assault, news, school children, sexual offences, victims by sally

‘A 15-year-old boy convicted of sexually assaulting a girl in a classroom has been allowed to stay at the same school as his victim.’

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BBC News, 20th February 2019

Source: www.bbc.co.uk

Supreme Court upholds estate agent contract formed over telephone – OUT-LAW.com

Posted February 20th, 2019 in agency, contracts, estate agents, fees, news, remuneration, telecommunications by sally

‘The UK Supreme Court has upheld a contract concluded between a property developer and an estate agent over the telephone, including a disputed element of commission for the agent.’

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OUT-LAW.com, 20th February 2019

Source: www.out-law.com

Shamima Begum: IS teenager to lose UK citizenship – BBC News

Posted February 20th, 2019 in children, citizenship, families, Islam, news, proscribed organisations, terrorism by sally

‘Shamima Begum, who joined the Islamic State group in Syria aged 15, is to lose her UK citizenship.’

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BBC News, 20th February 2019

Source: www.bbc.co.uk

Shamima Begum: The Human Rights Impact Of Making Someone Stateless – Rights Info

Posted February 19th, 2019 in children, citizenship, families, human rights, international law, Islam, news, terrorism, treason by sally

‘Shamima Begum was just 15 when she was radicalised by Isis militants online and smuggled into Syria.’

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Rights Info, 19th February 2019

Source: rightsinfo.org

Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India Quay – Hardwicke Chambers

Posted February 19th, 2019 in appeals, consent, interpretation, landlord & tenant, leases, news, repairs, Supreme Court by sally

‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk