Capacity to litigate – Family Law

Posted March 11th, 2022 in appeals, Court of Protection, judges, mental health, news by tracey

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 10th March 2022

Source: www.familylaw.co.uk

Heavily pregnant woman can have C-section against her will, judge rules – BBC News

‘Doctors can perform a Caesarean section against the will of a diabetic woman in her late 20s, a judge has ruled.’

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BBC news, 10th March 2022

Source: www.bbc.co.uk

Rule will require solicitors to challenge colleagues’ improper behaviour – Legal Futures

‘Solicitors will have a regulatory obligation to challenge colleagues who treat others unfairly or without respect as part of a plan to beef up the rules on health and wellbeing at work.’

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Legal futures, 7th March 2022

Source: www.legalfutures.co.uk

Suicide by domestic violence: call to count the hidden toll of women’s lives – The Guardian

‘Hundreds of suicides a year could be linked to abuse at home. Experts want to collect better data to bring about real change.’

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The Guardian, 27th February 2022

Source: www.theguardian.com

High Court overturns tribunal’s dishonesty finding – Law Society’s Gazette

Posted February 22nd, 2022 in disciplinary procedures, mental health, news, solicitors, tribunals by tracey

‘The High Court has overturned a tribunal finding that a solicitor acted dishonestly on a re-accreditation application.’

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Law Society's Gazette, 21st February 2022

Source: www.lawgazette.co.uk

Jack Ritchie inquest: Parents hope for gambling laws change – BBC News

‘The parents of a 24-year-old gambling addict hope an inquest into his death will speed up changes in betting laws.’

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BBC News, 20th February 2022

Source: www.bbc.co.uk

“Overworked” barrister partner disbarred over Trump case dishonesty – Legal Futures

‘A “high-flying” barrister partner at a City law firm who fabricated a court order was unable to cope with her workload but this did not excuse her misconduct, a Bar tribunal has found.’

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Legal Futures, 11th February 2022

Source: www.legalfutures.co.uk

Buckingham Palace: Man sentenced for climbing into grounds – BBC News

‘A man found with a knife and drugs in the grounds of Buckingham Palace has been given a suspended jail term.’

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BBC News, 9th February 2022

Source: www.bbc.co.uk

Calls for urgent action as deaths in prisons hit record levels – The Independent

Posted January 28th, 2022 in death in custody, mental health, Ministry of Justice, news, prisons, statistics, suicide by tracey

‘The government has been urged to change its “harmful and dangerous” prison system after the number of deaths among inmates hit record levels.’

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The Independent, 28th January 2022

Source: www.independent.co.uk

Recent case highlights need for law reform in forced/predatory marriage – Family Law

Posted January 24th, 2022 in elderly, families, family courts, forced marriages, marriage, mental health, news by tracey

‘Predatory or forced marriages faced by individuals (usually elderly) whose mental capacity is in doubt or who are vulnerable to undue influence remain an open wound for many families.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

Katy Sprague not warned of threat to kill hours before her murder – BBC News

‘A woman was not told her neighbour had threatened to kill her just hours before he murdered her, a review has found.’

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BBC News, 19th January 2022

Source: www.bbc.co.uk

Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by tracey

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

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Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

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Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

‘I’m so afraid’: Child refugees forced to share rooms with adults after being wrongly deemed over 18 – The Independent

‘Child refugees are being forced to share rooms and even beds with adults they do not know as increasing numbers are incorrectly placed in accommodation meant for over-18s by the government, The Independent can reveal.’

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The Independent, 16th January 2022

Source: www.independent.co.uk

Ofsted withdraws ‘intrusive’ guidance for childminders to disclose depression – The Independent

Posted January 14th, 2022 in bereavement, children, disclosure, mental health, news, ombudsmen by tracey

‘Ofsted has withdrawn guidance suggesting childminders should notify the watchdog if they have depression or have been bereaved following criticism that the requirement would be “intrusive”.’

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The Independent, 13th January 2022

Source: www.independent.co.uk

How can parents prioritise children during their separation? – Family Law Week

Posted January 13th, 2022 in children, divorce, families, mental health, news by tracey

‘Swati Somaiya, partner and specialist family, collaborative and mediation lawyer at Excello Law, welcomes publication of Resolution’s Parenting through Separation and extols its wisdom for parents and lawyers alike.’

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Family Law Week, 12th January 2022

Source: www.familylawweek.co.uk

Family welcomes decision to strike off nurse after woman killed herself – The Independent

‘The parents of a vulnerable young woman who killed herself after she was refused a psychiatric bed have welcomed a decision to strike off one of the nurses involved, saying they hoped the move would help other families “appallingly failed by mental health services”.’

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The Independent, 12th January 2022

Source: www.independent.co.uk

Reviewing Our Rights As 2022 Gets Started: Sex And Gender Identity – Each Other2487537737

‘Throughout 2021, Each Other reported on human rights issues across the UK, including those affecting people on account of their characteristics protected under the Equality Act. To usher in the new year, we are highlighting the issues that are particularly affecting five such groups in UK society, looking forward to the opportunities 2022 might afford and the challenges the year ahead might pose. In this mini-series, we focus on these five of the nine protected characteristics in the Equality Act: race, sex, sexual orientation, disability and religion.’

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Each Other, 10th January 2022

Source: eachother.org.uk

Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog

Posted January 5th, 2022 in coroners, human rights, inquests, mental health, news, statutory duty by sally

‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’

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UK Human Rights Blog, 4th January 2022

Source: ukhumanrightsblog.com

Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

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Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk