EP 103: Secular law intervenes in religious marital deadlock – Anthony Metzer – Law Pod UK

Posted February 26th, 2020 in divorce, families, Judaism, marriage, news by sally

‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’

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Law Pod UK, 24th February 2020

Source: audioboom.com

A novel approach to Get refusal: the use of the offence of coercive control to obtain a religious divorce – Oxford Human Rights Hub

Posted February 12th, 2020 in coercive & controlling behaviour, divorce, human rights, Judaism, marriage, news, women by sally

‘For Jewish women, obtaining a religious divorce (Get) can be life-changing. Women denied a Get are considered ‘chained’ to their husband, preventing them from re-marrying within the faith (whilst not affecting the husband’s ability to re-marry). The power to grant the Get is usually considered the unilateral right of the husband. Because a purely religious marriage is not recognised in England as a civil marriage, women have little recourse to the courts. So, what happens when a husband refuses to grant a religious divorce to his wife? For these women, their human rights to manifest their religion and to enter into marriages are denied, such that they cannot live fully as both religious individuals and bearers of human rights. However, a novel approach to this problem, a private prosecution for coercive control, could offer Jewish women an alternative avenue to protect their human rights.’

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Oxford Human Rights Hub, 4th February 2020

Source: ohrh.law.ox.ac.uk

Contact, Ultra-Orthodox Judaism, and a Transgender Parent – Transparency Project

Posted January 29th, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘Readers of the blog may well recall the case concerning five Charedi Jewish children at the centre of a family dispute. The children’s father is transgender and left the family home in June 2015 to live as a transgender person. She now lives as a woman. The children’s father sought face to face contact with the children. The childrens’ mother opposed the application.’

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Transparency Project, 28th January 2020

Source: www.transparencyproject.org.uk

Transgender woman ends bid to see her ultra-Orthodox Jewish children – The Guardian

Posted January 21st, 2020 in children, contact orders, Judaism, news, transgender persons by sally

‘An ultra-Orthodox Jew who left her community to transition from male to female has abandoned a family court fight to see her five children.’

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The Guardian, 20th January 2020

Source: www.theguardian.com

British neo-Nazi teenager jailed for planning terrorist attacks on home city – Daily Telegraph

Posted January 8th, 2020 in Judaism, news, racism, sentencing, terrorism, young offenders by sally

‘A teenage neo-Nazi who listed venues in his home city as possible terrorist targets has been jailed for six years and eight months.’

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Daily Telegraph, 7th January 2020

Source: www.telegraph.co.uk

Supreme Court to hear appeal over arrangements by housing association to allocate properties only to members of religious community – Local Government Lawyer

Posted December 10th, 2019 in charities, equality, housing, Judaism, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over whether a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

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Local Government Lawyer, 9th December 2019

Source: www.localgovernmentlawyer.co.uk

Holocaust denial, hyperlinks and YouTube: Chabloz again – Law & Religion UK

‘Alison Chabloz was convicted in 2018 at Westminster Magistrates’ Court of three offences contrary to s.127(1) of the Communications Act 2003.

On appeal, in R v Alison Chabloz [2019] Southwark Crown Court 13 February, the issue was whether or not the three songs were “grossly offensive” [2]. She lost.

She then sought to appeal by way of case stated; however, following a hearing in May concerned with how the matter should proceed, the judge refused to state a case and indicated that the proper course was for her to seek permission for judicial review of the written ruling. No such application was ever formally made, although written grounds for judicial review were produced in September 2019. In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin), Coulson LJ sets out the rather confusing procedural history of the case at [2]-[5].

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Law & Religion UK, 20th November 2019

Source: www.lawandreligionuk.com

Pizza prank Sussex Police sergeant guilty of gross misconduct – BBC News

Posted November 20th, 2019 in Judaism, misfeasance in public office, news, police by sally

‘A sergeant who dangled a slice of pepperoni pizza over a Jewish officer’s kosher pizza, causing a piece of pork to fall off and land on hers has been found guilty of gross misconduct.’

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BBC News, 19th November 2019

Source: www.bbc.co.uk

John Bowers QC’s Employment Law Blog: October 2019 – Littleton Chambers

Posted October 31st, 2019 in adoption, charities, equality, freedom of expression, homosexuality, housing, Judaism, news by sally

‘In R (ota Z) v LB of Hackney & Agudas Israel Housing Assoc Ltd [2019] EWCA Civ 1099, the court considered a challenge to the housing policies of a charitable provider of social housing in Hackney. Accommodation was allocated by the Housing Association only to members of the Orthodox Jewish community in the Stamford Hill area of London. The Divisional Court found that ‘there are very high levels of poverty and deprivation [amongst the Orthodox community], with associated low levels of home ownership … there is a strong correlation between the evidenced poverty and deprivation and the religion’. It also found that the arrangements for allocating housing which placed Orthodox Jews in a primary position to enable them both to avoid the disadvantages and to meet the needs. This would be unlawful discrimination under the Equality Act 2010 unless there was an appropriate exception.’

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Littleton Chambers, 21st October 2019

Source: www.littletonchambers.com

Hate crimes double in five years in England and Wales – The Guardian

‘The number of hate crimes reported to police has more than doubled since 2013, according to government figures, which also showed a large increase last year in offences against people based on sexual orientation.’

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The Guardian, 15th October 2019

Source: www.theguardian.com

MP Chris Williamson loses anti-Semitism suspension appeal – BBC News

‘An MP has lost his High Court bid to be reinstated to the Labour Party after he was suspended in an anti-Semitism row.’

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BBC News, 10th October 2019

Source: www.bbc.co.uk

Batei Din and arbitration awards: Sterling – Law & Religion UK

Posted October 8th, 2019 in arbitration, contracts, Judaism, jurisdiction, news by tracey

‘An interesting case involving the extent to which arbitration awards by religious courts are enforceable at civil law has recently come before the Chancery Division of the High Court.’

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Law & Religion UK, 7th October 2019

Source: www.lawandreligionuk.com

Non-disclosing husband fails in challenge to Court of Appeal – Family Law

Posted September 12th, 2019 in disclosure, divorce, financial provision, Judaism, news, periodical payments by tracey

‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’

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Family Law, 10th September 2019

Source: www.familylaw.co.uk

Moher v Moher: Non-disclosure leads to closure – Family Law week

Posted August 29th, 2019 in disclosure, divorce, financial provision, Judaism, marriage, news by tracey

‘Alexandra Goldrein, a solicitor with Irwin Mitchell, considers a recent Court of Appeal judgment concerning non-disclosure and the award of spousal maintenance to a wife pending the husband’s grant of a Jewish divorce.’

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Family Law week, 28th August 2019

Source: www.familylawweek.co.uk

Neo-Nazi Daniel Ward who called for race war jailed – BBC News

A “fanatical” neo-Nazi who called for a race war has been jailed for three years for belonging to the banned far-right group National Action.

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BBC News, 19th July 2019

Source: www.bbc.co.uk

Social housing and religion: R (Z & Anor) – Law & Religion UK

‘A non-Jewish woman, Z, had four children, including a son with autism. She was at the top of Hackney Council’s list for a four-bedroom home in the area. The co-defendant, the Agudas Israel Housing Association (AIHA), was founded in 1986 to provide social housing for Orthodox Jews in north London: it does not accept applications from anyone outside the Orthodox community. Six four-bedroom properties owned by AIHA became available but Ms Z was not allowed to apply for one of them. She sought judicial review of that refusal, arguing that it was unlawful and discriminatory for the AIHA to refuse her a home. As we noted, in R (Z & Ors) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin), a Divisional Court dismissed her claim, holding that a Jewish housing association might legitimately refuse to rent houses to those who were not Orthodox Jews. Z appealed.’

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Law & Religion UK, 5th July 2019

Source: www.lawandreligionuk.com

Court of Appeal rejects challenge to lawfulness of discriminatory allocation of housing on ground of religion – Local Government Lawyer

‘The Court of Appeal has rejected an appeal against a Divisional Court ruling that a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’

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Local Government Lawyer, 27th June 2019

Source: www.localgovernmentlawyer.co.uk

Equality body launches investigation of Labour antisemitism claims – The Guardian

‘Labour has been placed under formal investigation by the equalities watchdog over whether the party has unlawfully discriminated against, harassed or victimised people because they are Jewish. The Equality and Human Rights Commission (EHRC) said it was launching an official inquiry under section 20 of the Equality Act 2006 after carrying out preliminary investigations since March.’

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The Guardian, 28th May 2019

Source: www.theguardian.com

Inquiry announces new investigation into child protection in religious organisations and settings – Independent Inquiry into Child Sexual Abuse

‘The Independent Inquiry into Child Sexual Abuse has announced a new investigation into child protection in religious organisations and settings. The investigation will be thematic and will review the current child protection policies, practices and procedures in religious institutions in England and Wales.’

Full press release

Independent Inquiry into Child Sexual Abuse, 2nd May 2019

Source: www.iicsa.org.uk

Court of Appeal agrees to hear case on housing allocation policy and religion – Local Government Lawyer

‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’

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Local Government Lawyer, 29th April 2019

Source: www.localgovernmentlawyer.co.uk