Christian guesthouse owners go to Strasbourg over ‘discrimination’ case – Daily Telegraph

‘A Christian couple who were told it was illegal to turn unmarried couples away from their guesthouse have launched a landmark legal case at the European Court of Human Rights.’

Full story

Daily Telegraph, 15th March 2014

Source: www.telegraph.co.uk

Frozen sperm fight ends in victory – BBC News

Posted March 14th, 2014 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘A widow’s legal battle to keep her dead husband’s frozen sperm is finally over after the fertility regulator said it would not take the case back to the courts.’

Full story

BBC News, 13th March 2014

Source: www.bbc.co.uk

High Court rules dead partner’s sperm can be kept despite lack of written consent – UK Human Rights Blog

‘Elizabeth Warren -v- Care Fertility (Northampton) Limited and Other [2014] EWHC 602 (Fam). The High Court has ruled in favour of a 28-year-old woman who wanted her late husband’s sperm to be retained even though the correct written consent was not in place. Mrs Justice Hogg (“Hogg J”) ruled that Mrs Warren has a right under Article 8 of the European Convention on Human Rights (the right to respect for private and family life) to decide to become a parent by her deceased husband.’

Full story

UK Human Rights Blog, 12th March 2014

Source: www.ukhumanrightsblog.com

Mann v Mann – WLR daily

Mann v Mann: [2014] EWHC 537 (Fam);   [2014] WLR (D)  114

‘In proceedings to enforce an order for ancillary relief, not governed by FPR Pt 9, where the parties had made an agreement to engage in alternative dispute resolution (“ADR”) the court could exercise its powers under FPR r 3.3(1)(b) to enable ADR to take place even if one party was trying to back out of that agreement. Although it was not possible to compel the parties to take part in mediation, since that would operate as a bar to enforcement, it was possible to robustly encourage mediation by means of an “Ungley order” to make it clear that an unreasonable refusal to participate in the ADR might well attract a costs sanction.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

Widow wins battle over late husband’s sperm – Daily Telegraph

Posted March 7th, 2014 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘Physiotherapist Beth Warren, 28, from Birmingham, today won a High Court   battle with the UK fertility regulator. A judge ruled in Mrs Warren’s favour after a trial in London. But Mrs Justice Hogg gave the Human Fertilisation and Embryology Authority (HFEA) the go-ahead to take the case to the appeal court.’

Full story

Daily Telegraph, 6th March 2014

Source: www.telegraph.co.uk

Beth Warren waits on sperm legal fight result – BBC News

Posted March 6th, 2014 in assisted reproduction, human tissue, married persons, news, time limits, widows by tracey

‘The High Court will rule later on a widow’s attempt to prevent her dead husband’s sperm from being destroyed.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

Pre-nuptial agreements – legal endorsement round the corner? – Halsbury’s Law Exchange

Posted February 20th, 2014 in divorce, married persons, news, prenuptial agreements by sally

‘The law in respect of pre-nuptial agreements is developing rapidly.

Parties have always been free to make their own agreements or arrangements in the past, but it has been an established truth that you cannot oust the jurisdiction of the court.’

Full story

Halsbury’s Law Exchange, 20th February 2014

Source: www.halsburyslawexchange.co.uk

Honeymoon murder suspect can be extradited to South Africa, says High Court – UK Human Rights Blog

‘Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) 31 January 2014. Shrien Dewani, the British man facing charges of murdering his wife on honeymoon in South Africa, has lost his appeal to block extradition there (so far three men have been convicted in South Africa over Mrs Dewani’s death). The Court ruled that it would not be “unjust and oppressive” to extradite him, on condition that the South African government agreed to return him to the UK after one year if his depressive illness and mental health problems still prevented a trial from taking place.’

Full story

UK Human Rights Blog, 1st February 2014

Source: www.ukhumanrightsblog.com

Widow begins case to keep dead husband’s sperm – The Independent

Posted February 3rd, 2014 in assisted reproduction, human tissue, married persons, news, time limits, widows by tracey

‘A widow’s High Court case to preserve her late husband’s sperm has begun.’

Full story

The Independent, 31st Janaury 2014

Source: www.independent.co.uk

Marital coercion defence ‘to be scrapped’ – BBC News

Posted January 23rd, 2014 in bills, defences, harassment, married persons, news by sally

‘The historical defence of marital coercion is to be abolished in England and Wales, the government has said.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Onuekwere v Secretary of State for the Home Department – WLR Daily

Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7

‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Defence of marital coercion used by Vicky Pryce to be abolished – The Guardian

‘The defence of marital coercion, unsuccessfully used by Chris Huhne’s former wife Vicky Pryce at her trial last year, is to be abolished.’

Full story

The Guardian, 17th January 2014

Source: www.guardian.co.uk

Ombudsman and council in standoff over £60,000-plus payment – Local Government Lawyer

Posted January 17th, 2014 in carers, compensation, complaints, delay, local government, married persons, news, ombudsmen by sally

‘The Local Government Ombudsman and a local authority are at loggerheads over a recommendation that the council pay out more than £60,000 to a man forced to become a full-time carer for his wife.’

Full story

Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

Wife escapes jail after mowing husband of 50 years down – Daily Telegraph

Posted December 11th, 2013 in domestic violence, grievous bodily harm, married persons, news by sally

‘Couple, who have three children, showed a united front in court and claim they still love each other and want to put the crash behind them.’

Full story

Daily Telegraph, 10th December 2013

Source: www.telegraph.co.uk

Allocation, Allocation, Allocation – NearlyLegal

‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Judge refuses to allow husband and wife to rekindle their marriage – Daily Telegraph

Posted September 9th, 2013 in domestic violence, married persons, news, restraining orders, telecommunications by tracey

“A judge has refused to allow husband and wife to rekindle their marriage despite them both pleading for a restraining order to be lifted, saying they must first prove they can get on over the phone.”

Full story

Daily Telegraph, 8th September 2013

Source: www.telegraph.co.uk

UK visa rule challenge rejected by High Court – BBC News

Posted July 5th, 2013 in families, human rights, immigration, married persons, news, visas by tracey

“UK family immigration rules are not discriminatory and do not infringe human
rights, the High Court has ruled.”

Full story

BBC News, 5th July 2013

Source: www.bbc.co.uk

 

RM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

RM (Zimbabwe) v Secretary of State for the Home Department: [2013] EWCA Civ 775;   [2013] WLR (D)  259

“On a true construction of article 17(3) of Parliament and Council Directive 2004/38/EC, the Zimbabwean widow of a Spanish national had acquired the right of permanent residence in the United Kingdom on the ground that her late husband had, before the date of their marriage, ‘acquired himself the right of permanent residence … on the basis of paragraph 1’ of article 17, viz having retired from work due to permanent incapacity. It was not a requirement that a family member seeking to rely on such a right had to be a family member prior to, or as at the date of, the European Union member’s own acquisition of permanent residence on which reliance was now placed.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Spinster sisters could win legal right to be treated as married couples, Peers told – Daily Telegraph

Posted June 25th, 2013 in bills, carers, civil partnerships, families, human rights, married persons, news by sally

“The introduction of same-sex marriage could finally open the way for carers and relatives such as unmarried sisters who live together to be given the same legal status as married couples, the House of Lords has been told.”

Full story

Daily Telegraph, 24th June 2013

Source: www.telegraph.co.uk

Marital coercion defence could be scrapped – The Guardian

Posted April 2nd, 2013 in defences, harassment, married persons, news, repeals by sally

“Chris Grayling, the justice secretary, is considering abolishing the legal defence of ‘marital coercion’ that was unsuccessfully used by Vicky Pryce in her trial for taking speeding points on behalf of her husband.”

Full story

The Guardian, 31st March 2013

Source: www.guardian.co.uk