Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch) – Hardwicke Chambers

‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’

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Hardwicke Chambers, 29th May 2020

Source: hardwicke.co.uk

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

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St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

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The Guardian, 27th May 2020

Source: www.theguardian.com

Hundreds prosecuted for coronavirus-related attacks on emergency workers – The Guardian

‘More than 300 prosecutions for assaults on police and emergency workers were completed during the first month of lockdown, the director of public prosecutions, Max Hill QC, has revealed.’

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The Guardian, 21st May 2020

Source: www.theguardian.com

Skegness woman jailed for boiling water attacks on husband – BBC News

Posted May 14th, 2020 in assault, domestic violence, news, sentencing by sally

‘A woman who threw boiling water over her husband, leaving him scarred for life, has been jailed for two years.’

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BBC News, 13th May 2020

Source: www.bbc.co.uk

Separation REALLY is the last resort – Garden Court Chambers

‘In this case, the local authority successfully applied for an interim care order as a result of the mother’s longstanding drug addiction (which had led to the need for one leg to be amputated and the use of a wheelchair), her chaotic lifestyle, and domestic abuse concerns. The child was placed with her mother in a residential unit.’

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Garden Court Chambers, 27th April 2020

Source: www.gardencourtchambers.co.uk

How Should Reviewing Officers Approach the Question of Intentionality? – St Ives Chambers

‘This article focusses on the approach that reviewing officers should take when deciding whether someone has made themselves intentionally homeless following the Court of Appeal’s decision in LB v London Borough of Tower Hamlets [2020] EWCA Civ 439.’

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St Ives Chambers, 29th April 2020

Source: www.stiveschambers.co.uk

Protecting domestic violence victims in lockdown – The Guardian

‘Kate, a call handler for a domestic violence charity, discusses the challenges of trying to deal with the rising number of calls during lockdown. Guardian reporter Helen Pidd has been reporting on the domestic violence cases being heard at Manchester magistrates court over the past few weeks.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Domestic abuse prosecutions fell by 24% at end of 2019 – The Guardian

‘The number of domestic abuse prosecutions fell by almost a quarter in the last three months of 2019, compared to the previous year, according to quarterly figures released by the Crown Prosecution Service. Rape prosecutions also fell 23% in the last three months of 2019 compared to a year prior, maintaining a historic low.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

MPs to try to ban ‘rough sex’ murder defence in domestic abuse bill – The Guardian

Posted April 28th, 2020 in bills, defences, domestic violence, murder, news by sally

‘MPs are to try to outlaw the courtroom murder defence of “rough sex gone wrong” during parliamentary debates on the domestic abuse bill, as cases of domestic violence soar during the coronavirus lockdown.’

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The Guardian, 28th April 2020

Source: www.theguardian.com

Charges and cautions for domestic violence rise by 24% in London – The Guardian

Posted April 27th, 2020 in charities, coronavirus, domestic violence, families, news, police, statistics by sally

‘Police have warned of a looming rise in reported domestic abuse cases with some victims currently suffering in silence fearing if their abuser is arrested and becomes unemployed, they and their children will be plunged into poverty.’

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The Guardian, 24th April 2020

Source: www.theguardian.com

Seeking Settlement as a Victim of Domestic Violence During the COVID-19 Pandemic- One Pump Court

‘Covid-19 has created various worries and struggles for society. It has however been a particularly difficult time for victims of domestic violence.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

Probability of violence and dates of actions – Nearly Legal

Posted April 21st, 2020 in appeals, domestic violence, homelessness, housing, local government, news, rent by sally

‘A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or action that led to eviction need to be considered on review.’

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Nearly Legal, 19th April 2020

Source: nearlylegal.co.uk

Fiona Dwyer, CEO of Solace and Hilary Lennox, Barrister of 5 St. Andrews Hill Chambers discuss Domestic Violence during the current COVID 19 Pandemic – 5SAH

Posted April 16th, 2020 in chambers articles, coronavirus, domestic violence, news by sally

‘We are in unprecedented times with COVID-19 and its impact on provision of specialist domestic abuse services. Organisations’ like Solace have had to completely change how they operate, moving services online or provided via telephone as well as ensuring that refuge and other supported accommodation services can stay open to support the most vulnerable victim/survivors and their children. Under normal circumstances, spending time indoors is often unsafe for those experiencing domestic abuse, and other forms of VAWG (Violence Against Women and Girls). However, during lockdown the danger to women is exacerbated as they are unable to leave their homes. Survivors are likely to be subject to higher rates of violence and abuse and, as they are increasingly isolated by perpetrators, will find it increasingly difficult to obtain support from family, friends and access local services.’

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5 SAH, 7th April 2020

Source: www.5sah.co.uk

Coronavirus: Shop workers should be trained to help abuse victims – BBC News

Posted April 16th, 2020 in coronavirus, domestic violence, families, homicide, news, statistics, victims by sally

‘Supermarket workers should be trained to identify and help domestic abuse victims during the pandemic through a code word system, MPs have been told.’

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BBC News, 15th April 2020

Source: www.bbc.co.uk

Domestic abuse killings ‘more than double’ amid Covid-19 lockdown – The Guardian

Posted April 16th, 2020 in charities, children, coronavirus, domestic violence, families, homicide, news, statistics by sally

‘At least 16 suspected domestic abuse killings in the UK have been identified by campaigners since the Covid-19 lockdown restrictions were imposed, far higher than the average rate for the time of year, it has emerged.’

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The Guardian, 15th April 2020

Source: www.theguardian.com

Prosecuting Domestic Violence – New Law Journal

‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’

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New Law Journal, 26th March 2020

Source: www.newlawjournal.co.uk

Interim Separation During Proceedings – Becket Chambers

‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’

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Becket Chambers, 9th April 2020

Source: becket-chambers.co.uk

Care proceedings rise steeply in family courts during UK lockdown – The Guardian

‘The number of urgent care proceedings in the family courts has increased sharply since the beginning of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Revealed: surge in domestic violence during Covid-19 crisis – The Guardian

‘Shocking statistics revealed that domestic violence has surged since the start of the coronavirus lockdown, as the home secretary, Priti Patel, insisted that help for all victims of abuse was available.’

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The Guardian, 12th April 2020

Source: www.theguardian.com