‘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.’
Local Government Lawyer, 13th November 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
‘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.’
5SAH, 20th October 2020
Source: www.5sah.co.uk
‘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.’
Local Government Lawyer, 29th October 2020
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 27th October 2020
Source: www.theguardian.com
‘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.’
Litigation Futures, 28th October 2020
Source: www.litigationfutures.com
‘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.’
1 GC: Family Law, 21st October 2020
Source: 1gc.com
‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’
The Guardian, 19th October 2020
Source: www.theguardian.com
‘A particularly unwelcome issue for judges hearing cases remotely is that some of the most disturbing elements of serious family cases are being heard at home, a High Court judge reported last week.’
Legal Futures, 19th October 2020
Source: www.legalfutures.co.uk
‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’
UK Constitutional Law Association, 14th October 2020
Source: ukconstitutionallaw.org
‘Lord Neuberger condemns internal market bill for exempting some of its powers from legal challenge.’
The Guardian, 7th October 2020
Source: www.theguardian.com
‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’
The Independent, 6th October 2020
Source: www.independent.co.uk
‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘
Law Society's Gazette, 5th October 2020
Source: www.lawgazette.co.uk
‘A High Court judge has told parties making part 36 offers that if they simply used form N242A “much of the difficulty” the scheme has caused litigants over the years would be avoided.’
Litigation Futures, 28th September 2020
Source: www.litigationfutures.com
© Inner Temple Library 2024