sally – Page 808 – Current Awareness

Divorce forum disputes: when dual nationality may not be a possibility – Family Law

Posted October 16th, 2017 in choice of forum, citizenship, divorce, family courts, immigration, international law, jurisdiction, news by sally

‘As there can be dramatic financial and other differences for an international family in proceedings in one country or another, jurisdiction is fundamentally important. It is sometimes based on nationality. But some countries prevent citizens having nationality of more than one country. International family lawyers need to be aware of which countries allow or prohibit dual nationality.’

Family Law, 13th October 2017

Source: www.familylaw.co.uk

Senior judge warns over ‘shaming’ impact of legal aid cuts – The Guardian

Posted October 16th, 2017 in budgets, family courts, judges, judiciary, legal aid, legal representation, legislation, litigants in person, Ministry of Justice, news by sally

‘One of the most senior family court judges has warned about the impact of legal aid cuts and said it was “shaming” to preside over cases in which individuals are forced to represent themselves.’

The Guardian, 13th October 2017

Source: www.theguardian.com

Copyright in Photographs – Pablo Star Media Ltd v Bowen – NIPC Law

Posted October 16th, 2017 in appeals, civil procedure rules, compensation, copyright, damages, foreign jurisdictions, legislation, news, photography, statutory interpretation by sally

‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’

NIPC Law, 15th October 2017

Source: nipclaw.blogspot.co.uk

Couple who faked holiday sickness are jailed – The Guardian

Posted October 16th, 2017 in compensation, fraud, holidays, insurance, news, private prosecutions by sally

‘The government has stepped up attempts to eliminate fake holiday sickness scams, as a middle-aged British couple who had boasted on social media about having “sun, laughter and fun” on their holidays were jailed after making false insurance claims.’

The Guardian, 13th October 2017

Source: www.theguardian.com

News Media Association fails in claim for judicial review of Press Recognition Panel – Transparency Project

Posted October 16th, 2017 in charters, judicial review, media, news, publishing by sally

‘The High Court has rejected NMA’s claim for judicial review of the PRP’s decision to recognise IMPRESS as an independent, charter-compliant press regulator.’

Transparency Project, 13th October 2017

Source: www.transparencyproject.org.uk

Islamic Faith School’s Gender Segregation Ruled Unlawful – RightsInfo

Posted October 16th, 2017 in education, equality, gender, Islam, news, school children, sex discrimination by sally

‘An Islamic faith school which has a policy of separating girls and boys has been told the rules are unlawful.’

RightsInfo, 13th October 2017

Source: rightsinfo.org

Lloyds shareholders’ court case over HBOS takeover set to begin – The Guardian

Posted October 16th, 2017 in banking, class actions, news, shareholders, takeovers by sally

‘A £600m case is due to begin in the high court this week which is expected to lead to five former directors of Lloyds Banking Group being asked to explain the circumstances that led to the rescue of HBOS during the height of the financial crisis.’

The Guardian, 15th October 2017

Source: www.theguardian.com

Carrying acid in public could lead to six months in jail – BBC News

Posted October 16th, 2017 in government departments, grievous bodily harm, hazardous substances, news, sentencing, statistics, weapons by sally

‘People caught twice carrying acid in public should receive a mandatory six-month prison sentence, the Home Office has proposed.’

BBC News, 14th October 2017

Source: www.bbc.co.uk

Low-level crimes to go uninvestigated in Met police spending cuts – The Guardian

Posted October 16th, 2017 in budgets, crime, London, news, police by sally

‘The Metropolitan police are to stop investigating many lower level crimes as a result of spending cuts, a senior police officer has said.’

The Guardian, 16th October 2017

Source: www.theguardian.com

Killer drivers to receive life sentences in law change – BBC News

Posted October 16th, 2017 in criminal justice, Ministry of Justice, news, road traffic offences, sentencing by sally

‘Drivers who kill someone in the most serious cases of dangerous and careless driving will now face life sentences.’

BBC News, 15th October 2017

Source: www.bbc.co.uk

Modern slavery referrals up 300% in UK due to improved identification – The Guardian

Posted October 16th, 2017 in charities, drug offences, forced labour, news, prostitution, reports, statistics, trafficking in human beings, Vietnam by sally

‘There has been a 300% increase in the number of victims of modern slavery referred for support in the past six years, and a huge increase in the number of men from Vietnam trafficked to work in illegal cannabis farms.’

The Guardian, 16th October 2017

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 12th, 2017 in law reports by sally

Court of Appeal (Civil Division)

High Court (Administrative Court)

Usher, R (On the Application Of) v Forest Heath District Council [2017] EWHC 2511 (Admin) (11 October 2017)

High Court (Chancery Division)

High Court (Technology and Construction Court)

Merit Holdings Ltd v Michael J Lonsdale Ltd [2017] EWHC 2450 (TCC) (11 October 2017)

Source: www.bailii.org

Extinct? The Lawyer Lord Chancellor – Counsel

Posted October 12th, 2017 in constitutional reform, legal profession, lord chancellor, news by sally

‘Joshua Rozenberg QC reflects on whether we’ve seen the last of the legally qualified Lord Chancellors.’

Counsel, October 2017

Source: www.counselmagazine.co.uk

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

Posted October 12th, 2017 in brexit, constitutional law, constitutional reform, EC law, international law, news, treaties by sally

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

A place in your practice – Counsel

Posted October 12th, 2017 in barristers, legal services, news, solicitors by sally

‘As public access goes mainstream, Chris Bryden offers an insight into the merits (and pitfalls) of cutting out the middlemen.’

Counsel, October 2017

Source: www.counselmagazine.co.uk

High Court rejects motor neurone sufferer’s application to overturn prohibition on assisted suicide – UK Human Rights Blog

Posted October 12th, 2017 in assisted suicide, human rights, news by sally

‘This case concerns the issue of provision of assistance to a person with a serious wasting disease who wishes to commit suicide, so as to be able to exercise control over the time of his death as the disease reaches its final stages. See our previous post on it here and here. It follows a line of cases which have addressed that or similar issues, in particular R (Pretty) v Director of Public Prosecutions [2001] UKHL 61; [2002] 1 AC 800 (“Pretty“), R (Purdy) v Director of Public Prosecutions [2009] UKHL 54; [2010] 1 AC 345 (“Purdy“) and R (Nicklinson) v Ministry of Justice [2014] UKSC 38; [2015] AC 657(“Nicklinson“). Permission to bring this judicial review was granted by the Court of Appeal (McFarlane and Beatson LJJ, see [2017] EWCA Civ 275), having earlier been refused by the Divisional Court (Burnett LJ, Charles and Jay JJ) at [2017] EWHC 640 (Admin’

UK Human Rights Blog, 11th October 2017

Source: ukhumanrightsblog.com

Criminal or casualty? – Counsel

Posted October 12th, 2017 in armed forces, diminished responsibility, homicide, mental health, murder, news, war by sally

‘Marine A is a salutary lesson on the pressures of modern warfare and those acting for service personnel, say Shaun Esprit and Jo Morris.’

Counsel, October 2017

Source: www.counselmagazine.co.uk

UK gender inequality as bad as 10 years ago, EU league table shows – The Guardian

Posted October 12th, 2017 in education, employment, equality, gender, news, reports, sex discrimination by sally

‘Britain has made zero progress in tackling inequality between the sexes in the past decade and lags behind Sweden, Denmark, Finland, the Netherlands and France in the EU’s latest gender equality league table.’

The Guardian, 11th October 2017

Source: www.theguardian.com

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