Protection of Children who are Seventeen – Family Law Week

Posted July 2nd, 2020 in care orders, children, jurisdiction, local government, news by tracey

‘Hazel Samuriwo, In-house Advocate at London Borough of Brent, details the measures available to protect young people over seventeen years of age.’

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Family Law Week, 1st July 2020

Source: www.familylawweek.co.uk

GMC Allowed to Investigate Dual-Qualified Doctor/Solicitor for Actions Taken in Legal Practice – Old Square Chambers

‘In the recent case of Dr Ogunsanya and Taylor Woods Solicitors v General Medical Council [2020] EWHC 1500 (QB), Eady J rejected the Claimants’ application for an injunction against the General Medical Council (‘GMC’) preventing the GMC from investigating the actions of the First Claimant (who is dual qualified as a doctor and as a solicitor) on the basis that the GMC had no jurisdiction because he was acting in his capacity as a solicitor, and not as a doctor, at the time. In rejecting the application, Eady J held that the allegations, amounting as they did to potential allegations of dishonesty, did fall within the GMC’s jurisdiction given their potential to prejudice the reputation of the profession. That there might be an overlap with another regulatory regime (that of the Solicitors Regulation Authority (‘SRA’)) did not oust that jurisdiction.’

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Old Square Chambers, 23rd June 2020

Source: www.oldsquare.co.uk

Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25 – Hardwicke Chambers

‘Adjudication is a quick and comparatively cheap method of dispute resolution and for those reasons is attractive to insolvent companies seeking to recover debts. However, a respondent was likely to be able to restrain the insolvent company from referring the matter to adjudication on the basis that it would be futile to do so, since any positive decision was unlikely to be enforced as a result of the very fact of the company’s insolvency. Therefore, any award lacked practical utility. Following the decision of the Supreme Court in Bresco v Lonsdale, that is no longer the case.’

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Hardwicke Chambers, 17th June 2020

Source: hardwicke.co.uk

GMC can investigate solicitor doctor over legal advice – Legal Futures

‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

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Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Don’t put it in writing! Problems in store for Local Authority Environmental Crime – St Philips Barristers

‘Joint Deputy Head of St Philips Regulatory Team, Ben Mills gives his expert analysis of Walker v Chelmsford City Council [2020] EWHC 635 (Admin) and its consideration of s108 (4) Environment Act 1995.’

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St Philips Barristers, 7th May 2020

Source: st-philips.com

Roberts Case Summary – No. 5 Chambers

‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

Financial Provision for Adult Children in England and Wales and in Italy – Pump Court Chambers

‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’

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Pump Court Chambers, 11th May 2020

Source: www.pumpcourtchambers.com

A Welcome Restriction on the Jurisdiction to Issue Community Protection Notices? by Emma Downing – Broadway House Chambers

‘Within the Youth Court the principles of parental engagement, involvement and where necessary responsibility are all well-established.’

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Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

The Service Justice System under question regarding the continuation of the jurisdiction to investigate and conduct trials in serious sexual assault and rape cases – Thomas More Chambers

‘The Centre for Military Justice, acting on behalf of three female service personnel has sent a pre – action protocol letter to the Ministry of Defence with regard to three cases which the service justice system (SJS) has conducted and their assertion appears to be that these victims were discriminated against. The Ministry of Defence (MOD) response is due this week. We have not seen the letter nor do we expect to see the response. The Centre for Military Justice stating publicly that by the end of the month they will issue proceedings in the High Court for Judicial Review (JR) citing action for discrimination under both the Human Rights Act and Equality Act. We await sight of the claim and then the defence.’

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Thomas More Chambers, 14th May 2020

Source: www.thomasmore.co.uk

Chelsea Brooke-Ward and Nathan Davis comment upon the Law Commission’s recommendations for the Employment Tribunal Structure and Jurisdiction – Park Square Barristers

Posted May 12th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘Yesterday [30 April] the Law Commission released its Recommendations following The Law Commission’s 13th Programme of Law Reform which included a review of the employment law hearing structures.’

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Park Square Barristers, 1st May 2020

Source: www.parksquarebarristers.co.uk

Jurisdiction of the court as well as the adjudicator under scrutiny – Hardwicke Chambers

‘Waksman J was asked by a contractor, Flexidig, to enforce an adjudicator’s decision ordering payment against its employer, M&M. Flexidig had been appointed by M&M to carry out civil works associated with the installation of new Virgin Media underground infrastructure in Lough, Lincolnshire.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

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UKSC Blog, 5th May 2020

Source: ukscblog.com

The Law Commission Recommends Wide Ranging Changes to Employment Tribunals’ Powers – Parklane Plowden Chambers

Posted May 5th, 2020 in employment tribunals, jurisdiction, Law Commission, news by sally

‘On 29 April 2020 the Law Commission published its recommendations for changes to the jurisdiction and powers of employment tribunals. It would be fair to say that the statutory nature of the tribunal’s powers has given rise to anomalies: jurisdiction is constrained in certain contexts, and there are a number of discrepancies between the extent of the jurisdiction of civil courts on the one hand and employment tribunals on the other.’

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Parklane Plowden Chambers, 1st May 2020

Source: www.parklaneplowden.co.uk

Judge orders fresh hearing of appeal over school places decision after successful challenge by renting residents – Local Government Lawyer

‘A panel that hears appeals against decisions on school places in Richmond-upon-Thames must reconsider a decision in relation to a family resident in rented property, the High Court has ruled.’

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Local Government Lawyer, 30th April 2020

Source: www.localgovernmentlawyer.co.uk

Hearing in biggest ever group litigation to go ahead remotely – Law Society’s Gazette

‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’

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Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

COVID-19 and Prisons: The Coronavirus Restricted Temporary Release Scheme, Pregnant Prisoners and Children in Custody – One Pump Court

‘COVID-19 is a dangerous reality for prisoners. As of 18 April 2020, confirmed cases of COVID-19 have been reported in over half of prisons in England and Wales. There have been 13 suspected COVID-19 deaths among prisoners[1]. Amongst this wider concern, those who are pregnant and children in custody may be particularly anxious during this unprecedented time.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

Holding and Management (Solitaire) Limited v Leslie Stafford Miller [2019] UKUT 402 (LC) – Tanfield Chambers

‘The FTT improperly purported to determine matters which it had no statutory authority to do so on the basis of the generality of the County Court’s order transferring the matter to it.’

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Tanfield Chambers, 2nd April 2020

Source: www.tanfieldchambers.co.uk

Use of Artificial Intelligence by the Judiciary in the Face of COVID-19 – Oxford Human Rights Hub

‘As one of the measures to prevent the spread of the new coronavirus, courts in major parts of the world are delaying trials and temporarily closing doors. While the move is reasonable in the face of the pandemic, the process could leave some cases in limbo for weeks, if not months. In the criminal context, this could be a huge barrier to access to justice for victims and in securing the rights of the accused. The Chief Justices of various judicial systems have issued guidance to trial courts seeking emergency orders to adjust or suspend court operations in light of the pandemic. In addition to these measures, new AI-based systems may prove helpful during these times and should, where available, be used to secure access to justice.’

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Oxford Human Rights Hub, 9th April 2020

Source: ohrh.law.ox.ac.uk

What’s in an appeal? – Nearly Legal

Posted April 8th, 2020 in appeals, homelessness, housing, jurisdiction, local government, news by sally

‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’

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Nearly Legal, 6th April 2020

Source: nearlylegal.co.uk