Judges set to rule on Taliban bomb maker suing UK government – Daily Telegraph

‘The Supreme Court is expected this week to make it more difficult for former Taliban fighters to sue the Government over their detention in Afghanistan.’

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Daily Telegraph, 14th January 2017

Source: www.telegraph.co.uk

Couple who sacked housekeeper who let boyfriend stay at £10m mansion and drove Porsche when they were away ordered to pay him £8,000 – Daily Telegraph

Posted December 21st, 2016 in employment tribunals, judgments, news, unfair dismissal by tracey

‘A housekeeper who drove his millionaire bosses’ Porsche and had his boyfriend to stay at their home was unfairly sacked because his employers did not follow the correct procedures, a tribunal has ruled.’

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Daily Telegraph, 20th December 2016

Source: www.telegraph.co.uk

Syria couple win legal fight for care of children – BBC News

Posted December 12th, 2016 in children, custody, family courts, judgments, news, proscribed organisations, terrorism by sally

‘A Muslim couple arrested over fears that they were heading to Syria for “extremist activities” have won a court fight for the care of their children.’

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BBC News, 11th December 2016

Source: www.bbc.co.uk

Social worker and police officer win challenge over criticisms made by judge – Local Government Lawyer

Posted November 25th, 2016 in judgments, news, police, setting aside, social services, witnesses by tracey

‘A social worker and a police officer have successfully crossed what McFarlane LJ called “legal landmines” to secure deletion of criticisms made of them by a judge.’

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Local Government Lawyer, 23rd November 2016

Source: www.localgovernmentlawyer.co.uk

Responding to human rights judgments: 2014 to 2016 – official-documents.gov.uk

Posted November 23rd, 2016 in courts, declarations of incompatibility, human rights, judgments, reports, treaties by tracey

‘This report sets out the government’s position on the implementation of human rights judgments from the European Court of Human Rights and our domestic courts.’

Full text

official-documents.gov.uk, 18th November 2016

Source: www.official-documents.gov.uk

Jeff King and Nick Barber: In Defence of Miller – UK Constitutional Law Association

‘Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.’

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UK Constitutional Law Association, 22nd November 2016

Source: www.ukconstitutionallaw.org

Courts reform gives stronger protection for victims and witnesses – Ministry of Justice

‘Vulnerable victims and witnesses will no longer have to appear in court under new plans to roll out pre-trial evidence sessions.’

Full press release

Ministry of Justice, 15th September 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

Smile: High Court judge uses emoji in official ruling – Daily Telegraph

Posted September 15th, 2016 in children, custody, family courts, judges, judgments, news, terrorism by tracey

‘It is the kind of document in which one might expect to find daunting legal terminology, interspersed with Latin phrases or even a smattering of Norman French.But one High Court judge has gone to previously unheard-of lengths to make a judgment in a family court case comprehensible even for the children it affects – by replacing dry terminology with a battery of down-to-earth phrases and even a smiley face symbol.’

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Daily Telegraph, 14th September 2016

Source: www.telegraph.co.uk

CA orders release of court judgment on Ellie Butler’s death – UK Human Rights Blog

‘C (a child) [2016] EWCA Civ 798. This is the most recent in the long series of legal steps touching on the violent career of Ben Butler, recently convicted of the murder of his daughter, Ellie.’

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UK Human Rights Blog, 9th August 2016

Source: www.ukhumanrightsblog.com

In re X (A Child) (Reporting Restrictions: Guidance) – WLR Daily

In re X (A Child) (Reporting Restrictions: Guidance) [2016] EWHC 1668 (Fam)

‘Those applying for reporting restriction orders in family proceedings need to comply meticulously with the obligation to adequately notify the media in accordance with the FPR Practice Direction 12I—Applications for Reporting Restriction Orders and associate Cafcass practice note (paras 10, 25–28).’

WLR Daily, 4th July 2016

Source: www.iclr.co.uk

Expanding the Frontiers of Indirect Discrimination: Disadvantage and Associative Discrimination – Littleton Chambers

Posted July 12th, 2016 in appeals, EC law, employment, employment tribunals, equality, judgments, news by sally

‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’

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Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

High court refuses to publish Ben Butler judgment from 2014 – The Guardian

‘A high court judge has refused to publish a 2014 judgment on the death of Ellie Butler on the grounds that her father, who has been jailed for life for her murder, might in the future face a retrial.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

Richard Kirkham: JR55: Five Activist Strategies a Judge Should Avoid – UK Constitutional Law Association

‘The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of the case is that its impact is largely isolated to the Northern Ireland Commissioner for Complaints scheme involved, an ombudsman scheme which closed on 1st April as a result of the Public Services Ombudsman Act (Northern Ireland) 2016.’

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UK Constitutional Law Association, 30th May 2016

Source: www.ukconstitutionallaw.org

Free Speech Explained In 5 Human Rights Cases – RightsInfo

Posted June 2nd, 2016 in freedom of expression, human rights, judgments, news by sally

‘Freedom of speech, often called freedom of expression, is thought of by many as the cornerstone of a liberal democracy.’

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RightsInfo, 26th May 2016

Source: www.rightsinfo.org

Sinclair Gardens Investments (Kensington) Ltd v Ray [2015] EWCA Civ 1247 – Tanfield Chambers

Posted April 26th, 2016 in appeals, evidence, judgments, leases, news, valuation by sally

‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’

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Tanfield Chambers, 19th April 2016

Source: www.tanfieldchambers.co.uk

Joint enterprise law wrongly interpreted for 30 years, court rules – The Guardian

Posted February 18th, 2016 in appeals, evidence, interpretation, joint enterprise, judgments, news, Supreme Court by sally

‘A key test imposed by judges in assessing guilt in so-called joint enterprise killings has been wrongly interpreted for the past 30 years, the supreme court has ruled.’

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The Guardian, 18th February 2016

Source: www.guardian.co.uk

Part III and the Maintenance Regulation: Clash of the Titans – Family Law Week

Posted January 29th, 2016 in divorce, EC law, financial provision, judgments, jurisdiction, news by tracey

‘Charles Hale QC and Henry Clayton, both of 4 Paper Buildings, outline the debate which the Court of Appeal declined to resolve in the recent case of Ramadani v Ramadani [2015] EWCA Civ 1138.’

Full story

Family Law Week, 24th January 2016

Source: www.familylawweek.co.uk

Section 20 Children Act 1989: Consent, Not Coercion – Issue or be Damned – Family Law Week

‘Jacqui Gilliatt, barrister, and Amy Slingo, pupil, both of Four Brick Court, set out lessons to be learned from the recent judgments concerning section 20.’

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Family Law Week, 24th November 2015

Source: www.familylawweek.co.uk

Even a Single Page Missing … – Zenith PI Blog

Posted November 16th, 2015 in case management, copyright, evidence, judgments, news by sally

‘A ruthless and salient reminder in procedure – make sure every page is in the bundle before the trial!’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

Radicalisation: a proportionate response – Family Law Week

‘Sarah Williams, Legal Team Leader, Social Care Team, at London Borough of Tower Hamlets, considers the high-profile cases recently heard in the Family Division of the High Court where children or families have been considered at risk of radicalisation and, in some cases, travelling to Syria or Iraq, together with the judicial responses to those cases.’

Full story

Family Law Week, 28th October 2015

Source: www.familylawweek.co.uk