Woman who set up male-only divorce law firm says men are the ‘biggest losers’ in cases – The Independent

Posted April 25th, 2017 in divorce, gender, law firms, news by sally

‘A lawyer who set up her own firm specifically to help men in divorce proceedings has said it is men who are often the “biggest losers” in cases, not women.’

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The Independent, 24th April 2017

Source: www.independent.co.uk

No direct right in restitution against HMRC for investment trust companies, rules Supreme Court – OUT-LAW.com

Posted April 25th, 2017 in financial regulation, HM Revenue & Customs, news, restitution by sally

‘A group of investment trust companies (ITCs) cannot make out an ‘unjust enrichment’ claim against HM Revenue and Customs (HMRC) in order to recover VAT paid to their investment managers (managers) due to a mistake of law, the UK’s highest court has ruled.’

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OUT-LAW.com, 25th April 2017

Source: www.out-law.com

High Court fast-tracks challenge to environmental costs reforms – Litigation Futures

Posted April 25th, 2017 in charities, costs, environmental protection, news by sally

‘The High Court has fast-tracked a judicial review brought by three charities challenging the new costs regime for cases involving the environment.’

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Litigation Futures, 24th April 2017

Source: www.litigationfutures.com

Disputed trusteeship: Shergill v Khaira yet again – Law & Religion UK

Posted April 25th, 2017 in news, Sikhism, succession, trusts by sally

‘The Chancery Division has handed down the latest judgment in the long-running saga about the disputed trusteeship of two Sikh gurdwaras in High Wycombe and Birmingham. In Shergill & Ors v Khaira & Ors [2017] EWHC 883 (Ch), HHJ Purle QC, sitting as a Judge of the High Court, found for the claimants.’

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Law & Religion UK, 21st April 2017

Source: www.lawandreligionuk.com

Henry Pearce: Some Thoughts on the Encryption Regulatory Debate – UK Constitutional Law Association

‘Debates about the regulation of encryption technologies and surveillance have been around for decades. It is in unfortunate circumstances that these debates have now been thrust back into the public eye. Following the horrifying Westminster attack which occurred on 22nd March 2017 Amber Rudd, the UK’s Home Secretary, has been very vocal in suggesting that in order for the police and security services to be able to effectively investigate and prevent future terrorist acts they must be given access to over-the-top messaging services that utilise end-to-end encryption, such as WhatsApp. (End-to-end encryption services can generally be described as those which allows for conversations to be read only by the sender and recipient of individual messages, meaning that such messages cannot be intercepted and read by a third party.) Her comments appeared to have been driven by the fact that Khalid Masood, the perpetrator of the attack, had used WhatsApp shortly before commencing his appalling actions. In particular, Rudd has claimed it is “unacceptable” that governmental agencies were unable to read messages protected by WhatsApp’s end-to-end encryption, and in an interview given to the BBC on Sunday 26th March, intimated that she would consider pursuing the enactment of new legislation which would require the providers of encrypted messaging services to grant access to the UK intelligence agencies. This sentiment has since broadly been endorsed by the UK government.’

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UK Constitutional Law Association, 25th April 2017

Source: www.ukconstitutionallaw.org

Fall in decisions for adoption orders halted but local variation remains: report – Local Government Lawyer

Posted April 25th, 2017 in adoption, guardianship, local government, news, placement orders, reports by sally

‘The fall in decisions for adoption and placement orders seems to have halted but this masks a high degree of variation in decision-making at a local and regional level, data collected by the Adoption Leadership Board has suggested.’

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Local Government Lawyer, 24th April 2017

Source: www.localgovernmentlawyer.co.uk

Child sex offender worked at schools cricket association with ECB permission – The Guardian

Posted April 25th, 2017 in charities, child abuse, news, sexual offences, sport, teachers, vetting by sally

‘The England and Wales Cricket Board’s child protection policies are likely to come under close scrutiny after it emerged a convicted child sex offender worked at a schools cricket association with written permission from the ECB – and also attended junior cricket festivals in the company of an ECB executive.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

Anthony McSweeney case: Abuse priest failings found – BBC News

Posted April 25th, 2017 in child abuse, clergy, news, reports, sexual offences by sally

‘Concerns raised about a Catholic priest later jailed for sexual assault were not acted upon or taken seriously by the Church, a review has found.’

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BBC News, 23rd April 2017

Source: www.bbc.co.uk

Northern Waters – Nearly Legal

Posted April 25th, 2017 in contracts, housing, local government, news, rent, service charges, water, water companies by sally

‘Rochdale BH is a social housing provider (of what was the council’s housing stock). The issue in this case – heard as a preliminary issue – was whether Rochdale BH was a water reseller under the terms of The Water Resale Order 2006 in that charges for water it made as a part of the rent.’

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Nearly Legal, 23rd April 2017

Source: www.nearlylegal.co.uk

Debating the right to die – OUP Blog

Posted April 25th, 2017 in assisted suicide, euthanasia, human rights, news, suicide by sally

‘There are so many reasons why we value and promote choice and autonomy. The country and news media quite rightly protests with outrage when bad things happen to good people as their lives and civil liberties are destroyed by acts of terrorism and grievous crimes.’

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OUP Blog, 21st April 2017

Source: www.blog.oup.com

Woman jailed over Facebook birthday message death crash – BBC News

‘A woman who was trying to send a message on Facebook when she crashed into a pensioner’s car, killing him, has been jailed for 27 months.’

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BBC News, 24th April 2017

Source: www.bbc.co.uk

Court rules woman can keep her red and white striped townhouse – The Guardian

Posted April 25th, 2017 in appeals, freedom of expression, housing, London, news, planning by sally

‘A woman who angered her neighbours by decorating her multimillion-pound townhouse with red and white stripes can ignore a planning order to repaint the property, the high court has ruled.’

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The Guardian, 24th April 2017

Source: www.guardian.co.uk

Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

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Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

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OUT-LAW.com, 18th April 2017

Source: www.out-law.com

Being British is one thing – proving it is another – Legal Voice

Posted April 20th, 2017 in birth, brexit, children, citizenship, EC law, freedom of movement, immigration, news by sally

‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’

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Legal Voice, 19th April 2017

Source: www.legalvoice.org.uk

Jeff King: May’s Gambit – UK Constitutional Law Association

Posted April 20th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Theresa May has deftly launched a gambit to get around the core purpose of the Fixed Term Parliaments Act 2011 – and all signs are that it will succeed without delay. The purpose of that Act (for a tidy summary of resources see here) was to stop prime ministers from calling an election at a time that suited the Government’s rather than the country’s political future. The Coalition Government formed between the Conservatives and Liberal Democrats in 2010 gave effect to the insistence by the Liberal Democrats that legislation put an end to the Prime Minister’s power to call an election at will. The Act prescribes five year periods between elections, alterable only by (1) the passing by the House of Commons of a motion of non-confidence without subsequent withdrawal, or (2) the passing by the House of Commons of a motion calling for an early election by a majority of two-thirds. The election that follows an early election will occur in May of the fifth calendar year following the early election.’

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UK Constitutional Law Association, 19th April 2017

Source: www.ukconstitutionallaw.org

Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Posted April 20th, 2017 in appeals, housing, local government, news, planning by sally

‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’

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Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

SRA attacks “disproportionate and unnecessary” money laundering regulations – Legal Futures

‘New anti-money laundering (AML) regulations planned by the Treasury would impose “disproportionate and unnecessary” burdens on law firms, the Solicitors Regulation Authority (SRA) has warned.’

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Legal Futures, 20th April 2017

Source: www.legalfutures.co.uk

Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

‘Uber has been granted the right to appeal against last year’s landmark ruling that its UK minicab drivers should be treated as employed workers with rights to the minimum wage and sick pay.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

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Free Movement, 18th April 2017

Source: www.freemovement.org.uk