McFarlane tells family judges to curb out-of-hours hearings – Legal Futures

Posted January 11th, 2021 in coronavirus, families, family courts, judges, news, remote hearings by sally

‘The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.’

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Legal Futures, 8th January 2021

Source: www.legalfutures.co.uk

W (Children): judge’s recusal does not indicate bias – Transparency Project

Posted December 21st, 2020 in appeals, bias, children, contact orders, families, judges, news, recusal by sally

‘Reading the case name W (Children: Reopening/recusal) I assumed that this would be another of those applications by a party, invariably the father, for the recusal of the judge in a children application, on the basis of alleged bias.’

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Transparency Project, 18th December 2020

Source: www.transparencyproject.org.uk

Former appeal court judge to lead UK review of Human Rights Act – The Guardian

Posted December 8th, 2020 in human rights, judges, news, statutory interpretation, treaties by sally

‘A former court of appeal judge has been appointed to lead a review into how the Human Rights Act (HRA) is being interpreted in UK courts.’

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The Guardian, 7th December 2020

Source: www.theguardian.com

Judge orders jury to clear woman of murdering Emily Jones in Bolton – The Guardian

‘A woman with a history of violence and mental health problems who confessed to killing seven-year-old Emily Jones, has been cleared of murder.’

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The Guardian, 4th December 2020

Source: www.theguardian.com

Ex-judge Sir Peter Gross to head human rights law review – BBC News

‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Commercial Court urges more use of junior advocates – Litigation Futures

‘The Commercial Court and COMBAR are looking at ways to ensure that junior advocates can get more time on their feet, encouraging solicitors and clients to consider their use on discrete issues.’

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Litigation Futures, 4th December 2020

Source: www.litigationfutures.com

Increase guideline hourly rates by 35% pending CJC review, judge says – Litigation Futures

Posted December 4th, 2020 in civil procedure rules, costs, fees, judges, news, solicitors by sally

‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’

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Litigation Futures, 3rd December 2020

Source: www.litigationfutures.com

Indefinite sentences ‘the greatest single stain on justice system’ – The Guardian

Posted December 4th, 2020 in criminal justice, imprisonment, judges, Ministry of Justice, news, sentencing by sally

‘A former supreme court justice has called for urgent action in dealing with prisoners languishing under indefinite sentences, branding the now defunct scheme “the greatest single stain on our criminal justice system”.’

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The Guardian, 3rd December 2020

Source: www.theguardian.com

Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary

‘Lord Chief Justice press conference December 2020’

Full transcript

Courts and Tribunals Judiciary, 2nd December 2020

Source: www.judiciary.uk

Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent

Posted December 2nd, 2020 in judges, judiciary, legal profession, news, parliament, political parties, rule of law by tracey

‘The Lord Chief Justice has warned of unprecedented levels of political interference over the work of courts in England and Wales, suggesting that MPs should be taught about “boundaries”.’

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The Independent, 2nd December 2020

Source: www.independent.co.uk

Judge wrong to find ‘subject to contract’ compromise binding – Litigation Futures

Posted November 23rd, 2020 in appeals, contracts, judges, loans, news, solicitors by sally

‘A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been “subject to contract”, the Court of Appeal has decided.’

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Litigation Futures, 23rd November 2020

Source: www.litigationfutures.com

Hodge worries about impact of pandemic on young lawyers – Litigation Futures

‘The deputy president of the Supreme Court has expressed fears that young lawyers have been unable to train properly during the pandemic and urged the profession to ensure there is no lasting damage to their education.’

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Litigation Futures, 12th November 2020

Source: www.litigationfutures.com

Court of Appeal orders fresh welfare hearing over failure of judge to sufficiently examine risk of harm to children when making placement order – Local Government Lawyer

‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’

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Local Government Lawyer, 13th November 2020

Source: www.localgovernmentlawyer.co.uk

Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row

‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’

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33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk

A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH

‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’

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5SAH, 20th October 2020

Source: www.5sah.co.uk

Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer

‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’

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Local Government Lawyer, 29th October 2020

Source: www.localgovernmentlawyer.co.uk

Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian

‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’

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The Guardian, 27th October 2020

Source: www.theguardian.com

Judge: Disclosure pilot demands co-operation, not unilateral action – Litigation Futures

Posted October 28th, 2020 in disclosure, judges, news, pilot schemes by sally

‘Parties in disagreement over how to proceed with disclosure under the pilot should not stop talking or engage in “point-scoring correspondence”, a judge has warned.’

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Litigation Futures, 28th October 2020

Source: www.litigationfutures.com

The Perils of Zoom: the Court allows an appeal against a judge’s refusal to recuse herself after she was inadvertently overheard making negative comments about a party during a Zoom hearing – 1 GC: Family Law

Posted October 27th, 2020 in appeals, internet, judges, news, recusal, remote hearings by sally

‘The Court of Appeal allowed an appeal against a judge’s refusal to recuse herself after she was overheard making pejorative comments about a party during a break in a Zoom hearing, and brings the perils of a remote hearing into sharp focus. Tahmina Rahman, barrister at 1 GC Family Law, examines the issues.’

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1 GC: Family Law, 21st October 2020

Source: 1gc.com

Ministers must end their attacks on lawyers – The Guardian

‘Barristers, solicitors, legal academics and retired judges call for the home secretary and the prime minister to apologise for past remarks and refrain from using hostile language.’

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The Guardian, 25th October 2020

Source: www.theguardian.com