Protesters lose bid to overturn abortion clinic buffer zone – BBC News

Posted July 2nd, 2018 in abortion, demonstrations, local government, news by sally

‘Protesters have lost their bid to remove a buffer zone around an abortion clinic in west London.’

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BBC News, 2nd July 2018

Source: www.bbc.co.uk

Ep. 39: Employment/Disciplinary injunction success for psychiatrist – 1 COR

Posted July 2nd, 2018 in disciplinary procedures, injunctions, news, psychiatrists by sally

‘Richard Booth joins Emma-Louise Fenelon to discuss a successful employment injunction to prevent a gross misconduct disciplinary hearing.’

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Law Pod UK, 2nd July 2018

Source: audioboom.com

Transgender parents, registration of children on birth and human rights – Family Law

Posted July 2nd, 2018 in birth certificates, children, news, transgender persons by sally

‘The registration of children after birth is an important and significant moment for parents. On first blush there is no obvious link between registration of a child’s birth and the gender of the child’s parents. However, this can be a particularly challenging moment for transgender parents.’

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Family Law, 28th June 2018

Source: www.familylaw.co.uk

Independent barristers “better quality” than other criminal advocates, say judges – Legal Fututes

Posted July 2nd, 2018 in advocacy, barristers, criminal justice, news, solicitor advocates by sally

‘The standard of criminal advocacy is “generally competent”, but that of solicitor-advocates and in-house barristers is inferior to the self-employed Bar, research among judges has found.’

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Legal Futures, 2nd July 2018

Source: www.legalfutures.co.uk

Website blocking orders – who pays? – Technology Law Update

Posted July 2nd, 2018 in counterfeiting, electronic commerce, internet, news, repayment by sally

‘It has been clear for a while now that court orders against intermediaries can be a useful tool in tackling web-based infringement. Online selling requires the involvement of technology services – internet service providers, online marketplaces, social media platforms, etc – in order to function. The law recognises this and looks for ways to tackle infringement. But a recent UK Supreme Court ruling (Cartier International v BT) takes a new direction by requiring IP owners to repay ISPs for the cost of blocking measures.’

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Technology Law Update, 29th June 2018

Source: www.technology-law-blog.co.uk

Mixed Data in the Court of Appeal – Panopticon

Posted July 2nd, 2018 in data protection, disclosure, medical records, news by sally

‘Hot off (Thursday’s) press comes the CA judgment in DB v GMC [2018] EWCA Civ 1497, which will now be the leading case on the treatment of mixed personal data.’

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Panopticon, 2nd July 2018

Source: panopticonblog.com

Supreme Court and Court of Appeal replenish ranks with string of new appointments – Litigation Futures

Posted July 2nd, 2018 in judges, judiciary, news, Supreme Court, women by sally

‘Ten senior judicial appointments were announced yesterday, with Lady Justice Arden becoming the third woman to sit on the Supreme Court.’

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Litigation Futures, 28th June 2018

Source: www.litigationfutures.com

Court asks Attorney General to end solicitor’s vexatious litigation – Legal Futures

Posted July 2nd, 2018 in disciplinary procedures, news, solicitors, vexatious litigants by sally

‘The Attorney General is to be asked to put a permanent stop to years of vexatious litigation pursued by a struck-off solicitor against the Law Society, Bar Council, senior judges and many others.’

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Legal Futures, 29th June 2018

Source: www.legalfutures.co.uk

Windrush victims detained ‘unlawfully’ by Home Office – BBC News

Posted July 2nd, 2018 in colonies, detention, immigration, news, reports, select committees by sally

‘Immigration officials detained members of the Windrush generation “unlawfully and inappropriately” despite their right to be in the UK, MPs have found.’

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BBC News, 29th June 2018

Source: www.bbc.co.uk

Families of missing people struggle with mounting debts as new powers to let them manage affairs are delayed – Daily Telegraph

Posted July 2nd, 2018 in debts, families, missing persons, news by sally

‘Families of missing people are struggling to deal with mounting debts as the Government delays new powers to enable them to manage their loved one’s affairs.’

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Daily Telegraph, 1st July 2018

Source: www.telegraph.co.uk

Steinfeld and Keidan: what happens next? – Family Law

‘Five Supreme Court Justices have ruled in favour of a heterosexual couple whose three and a half year legal campaign challenged legislation preventing opposite-sex couples from entering into a civil partnership. The court unanimously agreed that the Civil Partnership Act 2004 is ‘incompatible’ with the European Convention on Human Rights as it applies only to same-sex couples and therefore amounted to discrimination.
This judgment will likely put the Government under significant pressure to change the law and allow heterosexual couples to become civil partners. Currently, opposite-sex couples may only marry, whilst same-sex couples may opt to marry or enter into a civil partnership.’

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Family Law, 28th June 2018

Source: www.familylaw.co.uk

Jury fails to reach verdict in Buckingham Palace terror trial – BBC News

Posted July 2nd, 2018 in juries, news, offensive weapons, terrorism by sally

‘A jury has been dismissed in the trial of an Uber driver accused of planning a sword attack at Buckingham Palace, after it failed to reach a verdict.’

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BBC News, 29th June 2018

Source: www.bbc.co.uk

Inquest into killing of London academic gets under way – The Guardian

Posted July 2nd, 2018 in diminished responsibility, homicide, inquests, news by sally

‘The widow of academic Dr Jeroen Ensink, 41, who was stabbed to death as he posted cards to friends announcing the birth of his daughter, hopes questions will be answered at his inquest which begins on Monday.’

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The Guardian, 2nd July 2018

Source: www.theguardian.com

Noel Conway: Terminally-ill man loses assisted dying challenge – BBC News

Posted June 29th, 2018 in appeals, assisted suicide, news by sally

‘A terminally-ill man who wants to be helped to die has lost his legal challenge at the Court of Appeal.’

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BBC News, 27th June 2018

Source: www.bbc.co.uk

Whose jurisdiction is it anyway? – Nearly Legal

Posted June 29th, 2018 in jurisdiction, news, repossession, service charges by sally

‘Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC). As many readers of this blog will be aware we have a number of different courts and tribunals involved in residential property. In some cases, notably leasehold service charges, there is sometimes a need to engage with two of these entities (namely the County Court and the First Tier Tribunal) in the same matter. This situation arises particularly where a money judgement or possession order is sought for non-payment of service charges and is defended on the basis that the charge is unreasonable or excessive. This question is properly a matter for the FTT and under s176A of the Commonhold and Leasehold Reform Act 2002 the County Court may transfer to the FTT “so much of the proceedings as relate to the determination of that question”. This is an enormous amount of hassle and in an effort to improve the situation there has been a CJC-led pilot running whereby FTT Judges (all of whom are also County Court judges by virtue of s5, County Courts Act 1984) actually sit “double-hatted” dealing with the FTT and Courts aspects in one go. This has been described in an entertaining speech by Vos LJ as a “sticking plaster” and is one of the reasons for calls for reform and a single Housing Court (although see NL on that topic here).’

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Nearly Legal, 28th June 2018

Source: nearlylegal.co.uk

CVA should not proceed following emergence of £126m claim, says UK court – OUT-LAW.com

Posted June 29th, 2018 in company law, contracts, insolvency, news by sally

‘The Court of Appeal in England and Wales has ruled that a company voluntary arrangement (CVA) should not continue after the emergence of a new claim for £126 million against the insolvent company. The ruling underlined how important clarity and specificity are in contract terms.’

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OUT-LAW.com, 29th June 2018

Source: www.out-law.com

Case Comment: R (Steinfeld & Anor) v Secretary of State for International Development [2018] UKSC 32 – Supreme Court Blog

‘Often, the road to equality is long and arduous, just ask the same-sex couples who had to wait until the Marriage (Same Sex Couples) Act 2013 for recognition of the right to marry or those whose right to legal recognition will still feel a long way off. On any view, the road to equality in civil partnerships will be shorter. But that route has had its own difficulties and the significance of the success of this appeal should not be underestimated.’

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Supreme Court Blog, 28th June 2018

Source: ukscblog.com

Prosecution by city council sees landlord ordered to pay £400k for safety failures – Local Government Lawyer

Posted June 29th, 2018 in fines, health & safety, landlord & tenant, news by sally

‘A prosecution brought by City of Lincoln Council has seen a landlord in Lincoln fined £400,000 for failing to comply with fire, health and safety standards in two of his properties.’

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Local Government Lawyer, 28th June 2018

Source: www.localgovernmentlawyer.co.uk

UK under fire over slavery measures after ‘disturbing’ case of trafficked boy – The Guardian

Posted June 29th, 2018 in children, government departments, news, trafficking in human beings by sally

‘The government is under pressure to better protect victims of modern slavery and human trafficking in the UK, after landmark rulings against the Home Office’s treatment of a 15-year-old child and other victims. Lawyers are challenging “systematic deficiencies” in Theresa May’s flagship strategy to tackle modern slavery and protect victims. They urged the Home Office to respond to recent court rulings that show vulnerable victims are being failed.’

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The Guardian, 28th June 2018

Source: www.theguardian.com

Daily Mail publisher ordered to pay libel damages to Earl Spencer over report he was ‘heartless’ to Diana – The Independent

Posted June 29th, 2018 in damages, defamation, media, news, royal family by sally

‘Associated Newspapers, the publisher of the Daily Mail, has paid libel damages to the brother of Princess Diana over a claim he acted in a heartless and callous way towards her following the collapse of her marriage to Prince Charles.’

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The Independent, 28th June 2018

Source: www.independent.co.uk