Author: sally

Are ‘Thousands misusing abuse orders to get legal aid?’ – Transparency Project

Posted July 9th, 2018 in child abuse, domestic violence, family courts, injunctions, legal aid, news, non-molestation orders, statistics by sally

‘Twitter commentators asked questions last week of a BBC headline:

Thousands misusing abuse orders to get legal aid, says parenting charity

And the ‘click-bait’ opening sentence of the story itself:

Families Need Fathers says parents are being encouraged by some solicitors to file for non-molestation orders – injunctions used in urgent abuse cases.’

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Transparency Project, 9th July 2018

Source: www.transparencyproject.org.uk

Council defends decision to revoke premises licence after test purchase failures – Local Government Lawyer

Posted July 9th, 2018 in licensing, local government, news by sally

‘A borough council in the North West has successfully defended a decision of its licensing sub-committee to revoke the premises for an off licence after a number of test purchase failures.’

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Local Government Lawyer, 6th July 2018

Source: www.localgovernmentlawyer.co.uk

The right to die – who decides? – UK Human Rights Blog

Posted July 9th, 2018 in assisted suicide, bills, human rights, news, proportionality by sally

‘In R. (on the application of Conway) v Secretary of State for Justice [2018] EWCA Civ 1431 the Court of Appeal held that the blanket ban on assisted suicide in the Suicide Act 1961 s.2(1) was a necessary and proportionate interference with the ECHR art.8 rights of the appellant.’

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UK Human Rights Blog, 9th July 2018

Source: ukhumanrightsblog.com

Church of England ombudsman to oversee sexual abuse cases – The Guardian

Posted July 9th, 2018 in child abuse, Church of England, clergy, news, ombudsmen, personal injuries by sally

‘The Church of England is to establish an independent ombudsman to deal with complaints over its handling of sexual abuse cases, and will seek other ways of strengthening independent scrutiny of its processes.’

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The Guardian, 7th July 2018

Source: www.theguardian.com

Good and bad news for Civil Liability Bill opponents – Legal Futures

Posted July 9th, 2018 in bills, civil procedure rules, electronic filing, litigants in person, news, personal injuries by sally

‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’

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Legal Futures, 6th July 2018

Source: www.legalfutures.co.uk

Coldstream Guard jailed for 19 years for Windsor rape – BBC News

Posted July 9th, 2018 in news, rape, sentencing by sally

‘A Coldstream Guards soldier who had been “prowling the streets” looking for “a lone female” before raping a woman has been jailed for 19 years.’

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BBC News, 6th July 2018

Source: www.bbc.co.uk

Misogyny hate crime in Nottinghamshire gives ‘shocking’ results – BBC News

Posted July 9th, 2018 in hate crime, news, women by sally

‘Misogyny and offences targeting women are still “highly prevalent” two years after a police force started treating them as hate crime, academics say.’

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BBC News, 9th July 2018

Source: www.bbc.co.uk

UK fertility regulator to issue new rules on expensive IVF add-ons – The Guardian

Posted July 9th, 2018 in assisted reproduction, consumer protection, fees, news by sally

‘IVF patients will need to be told when expensive “add-ons” to fertility treatments are not likely to be effective, under new rules due to be issued to clinics later this year.’

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The Guardian, 9th July 2018

Source: www.theguardian.com

High Court Rejects Challenge to Inner Temple Development Proposals – Landmark Chambers

Posted July 4th, 2018 in inns of court, judicial review, news, planning by sally

‘The High Court has refused permission to seek judicial review of the Corporation of the City of London’s decision to grant planning permission for the provision of new educational facilities in the Inner Temple Treasury Building. The proposals were particularly controversial, because they entail the loss of the upper gallery of the Inner Temple library. Although constructed after the Second World War, the library is a notable feature of the Treasury Building, and is regarded with strong affection by many who have used it. When granting permission, the Corporation’s planning committee accepted that the loss would cause harm to the Treasury Building, but concluded that this was less than substantial and was outweighed by the benefits of the scheme.’

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Landmark Chambers, 4th July 2018

Source: www.landmarkchambers.co.uk

How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog

Posted July 4th, 2018 in divorce, EC law, marriage, news, pensions, sex discrimination, Supreme Court, transgender persons by sally

‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’

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UK Human Rights Blog, 3rd July 2018

Source: ukhumanrightsblog.com

Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association

Posted July 4th, 2018 in bills, brexit, constitutional law, EC law, news, parliament, prerogative powers by sally

‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’

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UK Constitutional Law Association, 3rd July 2018

Source: ukconstitutionallaw.org

Illegal levels of air pollution linked to child’s death – BBC News

Posted July 4th, 2018 in children, inquests, news, pollution, reports by sally

‘A nine-year-old girl’s fatal asthma attack has been linked to illegally high levels of air pollution.’

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BBC News, 3rd July 2018

Source: www.bbc.co.uk

Homelessness and capacity – Nearly Legal

Posted July 4th, 2018 in homelessness, housing, local government, mental health, news, statutory duty by sally

‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’

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Nearly Legal, 3rd July 2018

Source: nearlylegal.co.uk

Electoral Commission ‘accuses Vote Leave of breaking law’ – The Guardian

Posted July 4th, 2018 in elections, expenses, news, referendums, reports by sally

‘The elections watchdog has accused Vote Leave of illegal coordination with a student organisation, according to the campaign’s former chief executive, who took the extraordinary step of pre-empting the official investigation.’

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The Guardian, 4th July 2018

Source: www.theguardian.com

Solicitors are now “dairy farmers” of PI market as numbers fall – Legal Futures

Posted July 4th, 2018 in disciplinary procedures, fees, law firms, news, personal injuries, solicitors by sally

‘The number of law firms specialising in personal injury (PI) work has fallen by 10% over the past two years, it has been revealed, with one leading practitioner describing solicitors now as the “dairy farmers” of the market due to their declining influence.’

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Legal Futures, 2nd July 2018

Source: www.legalfutures.co.uk

People risk unjust prison sentences due to lack of court healthcare – The Guardian

Posted July 4th, 2018 in contracting out, courts, detention, health, news by sally

‘Innocent people are at risk of being given unjust prison sentences and suffering physical harm because of a lack of healthcare in courthouses, according to the outgoing head of the independent body charged with monitoring the care and welfare of those brought to court in England and Wales.’

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The Guardian, 4th July 2018

Source: www.theguardian.com

MPs press for new inquiry into UK role in rendition and torture – The Guardian

Posted July 3rd, 2018 in human rights, inquiries, intelligence services, news, rendition, torture by sally

‘The UK government will give “careful consideration” to calls for a renewed judge-led inquiry into the country’s involvement in human rights abuses after 9/11, the Foreign Office minister Alan Duncan told MPs on Monday.’

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The Guardian, 2nd July 2018

Source: www.theguardian.com

‘Paedophile hunter’ jailed for blackmailing victims – BBC News

Posted July 3rd, 2018 in blackmail, fraud, news, sentencing by sally

‘A self-styled “paedophile hunter” who blackmailed his victims for tens of thousands of pounds has been jailed.’

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BBC News, 2nd July 2018

Source: www.bbc.co.uk

“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court – Oxford Human Rights Hub

Posted July 3rd, 2018 in appeals, civil partnerships, equality, human rights, news, Supreme Court by sally

‘Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created a clear inequality: Same-sex couples could choose to marry or to enter into a civil partnership, but the only way that different-sex couples could formalise their relationship was through marriage. In Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 the UK Supreme Court held that this differential treatment was contrary to Art 14 (the prohibition of discrimination) when taken in conjunction with Art 8 (the right to respect for family life) under the European Convention on Human Rights.’

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Oxford Human Rights Hub, 2nd July 2018

Source: ohrh.law.ox.ac.uk

Akhmedova v Akhmedov: piercing the corporate veil – Family Law

Posted July 3rd, 2018 in company law, corporate veil, divorce, financial provision, news, shareholders by sally

‘It is not incomprehensible that wealthy business shareholders feed their high-net-worth assets through their companies, with the consequence of making the assets available to their spouse limited and out of reach. It therefore comes as no real surprise that the English family courts have shown that they are prepared to tackle the issues related with parties hiding international assets within divorce proceedings, whilst trying to remedy the same.’

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Family Law, 2nd July 2018

Source: www.familylaw.co.uk