‘There is no kind of order available to prevent a woman who claims to be the late Princess Margaret’s daughter from bringing repeated “nonsensical” claims in an effort to unseal her will, the president of the Family Division has found.’
Litigation Futures,
Source: www.litigationfutures.com
‘Policing and the justice system are too often failing cyclists, making the roads too dangerous for people to ride on them, and then not properly prosecuting or banning motorists who commit offences, a cross-party group of MPs and peers has warned.’
The Guardian, 2nd May 2017
Source: www.guardian.co.uk
‘Social media firms are “shamefully far” from tackling illegal and dangerous content, says a parliamentary report.’
BBC News, 1st May 2017
Source: www.bbc.co.uk
‘The prison service is facing calls for a corporate manslaughter investigation after a litany of failures at one Milton Keynes site resulted in an “unbroken pattern of deaths”, with 18 inmates taking their own lives in four years.’
The Guardian, 2nd May 2017
Source: www.guardian.co.uk
‘This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal.’
Nearly Legal, 27th April 2017
Source: www.nearlylegal.co.uk/blog/
‘The substantial fine recently imposed by a court against domestic appliances manufacturer Whirlpool UK Appliances Ltd (Whirlpool) illustrates “how hit and miss” the sentencing of health and safety offences can still be, an expert has said.’
OUT-LAW.com, 28th April 2017
Source: www.out-law.com
‘Tuesday marked the launch of JUSTICE’s Working Party report, Increasing judicial diversity. The Lord Chief Justice, Lord Thomas, spoke at the event, alongside Chair of the Working Party and leading public law barrister Nathalie Lieven QC. She urged those present to take up the report’s vision, and outlined recommendations for systemic, long-term change. Attendees included policy-makers, practitioners and members of the senior judiciary.
This post offers some brief reasons to support the report’s key contention: the current lack of gender, ethnic and social diversity in our highest courts is indeed a serious constitutional issue. With this in mind, the article then turns to consider some of the report’s key recommendations.’
UK Constitutional Law Association, 27th April 2017
Source: www.ukconstitutionallaw.org
‘The president of the Family Division, Sir James Munby, has made scathing criticisms of Brighton & Hove City Council’s conduct in a complex adoption case.’
Local Government Lawyer, 27th April 2017
Source: www.localgovernmentlawyer.co.uk
‘The Criminal Finances Act 2017 will give law enforcement agencies and partners, further capabilities and powers to recover the proceeds of crime, tackle money laundering, tax evasion and corruption, and combat the financing of terrorism.’
Home Office, 27th April 2017
Source: www.gov.uk/home-office
‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the interaction between UK family law and divorce proceedings in Dubai.’
Family Law Week, 27th April 2017
Source: www.familylawweek.co.uk
‘Hate crime reports in England and Wales soared in the months leading up to last year’s EU referendum, new figures have revealed.’
The Independent, 27th April 2017
Source: www.independent.co.uk
‘Neglect and gross failure by hospital staff to quickly attempt resuscitation contributed to the death of an Antiques Roadshow expert, an inquest has ruled.’
BBC News, 27th April 2017
Source: www.bbc.co.uk
‘A woman accused of stabbing her boyfriend with a kitchen knife has been cleared of his murder after telling jurors she feared he would kill her.’
BBC News, 27th April 2017
Source: www.bbc.co.uk
‘The Government has lost a High Court bid to delay publication of an air pollution plan – described as a “controversial bomb” by its own lawyer – until after the General Election.’
The Independent, 27th April 2017
Source: www.independent.co.uk
‘Bodies are being illegally shifted by councils to cover up burial errors, a Church of England court has heard.
A judge criticised councils who secretly correct their mistakes by “sliding” bodies across in the ground without lifting them out.’
Daily Telegraph, 27th April 2017
Source: www.telegraph.co.uk
‘A Royal Marine who was sentenced to life in prison for killing a wounded Taliban fighter in Afghanistan, will be released from prison on Friday, according to the group set up to campaign for his release.’
The Independent, 27th April 2017
Source: www.independent.co.uk
Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16
‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’
WLR Daily, 3rd March 2017
Source: www.iclr.co.uk
DW and another v CG [2016] EWHC 2965 (Fam)
‘On the dissolution of their marriage a husband and wife had resolved their respective financial remedy claims by way of a final consent order made in 2009 (“the 2009 order”), which required the husband to make a significant lump sum payment to the wife in a series of instalments. The order further contained provision entitling the wife to sell a number of properties, held in the husband’s sole name, should the husband default on payment and a right for the wife to continue to reside in one of those properties (“the property”) until payment by the husband of the final lump sum instalment. The husband failed to pay the final instalment and, in 2010, the court made an order for sale of the property with the outstanding interim payment to be provided to the wife from the net proceeds of sale. That order was never implemented and in 2011 bankruptcy proceedings were commenced against the husband. The wife registered a restriction against the property before the husband was made bankrupt in 2012. Following an initial agreed period of inactivity in the family proceedings the husband and his new partner were both discharged from bankruptcy in 2013. In 2014 they both entered into a settlement agreement to purchase any interest their estates in bankruptcy “may” have had in respect of the properties and other assets and, between themselves, entered into a declaration of trust in relation to the property with the apparent effect of frustrating the wife’s claim. The wife recommenced her application for sale of the property and such an order was duly made with the requirement that the net proceeds of sale be paid in to court. The husband was then invited by the court to make representations as to why the wife should not receive the final instalment from the net proceeds of sale. He contended, inter alia, that the terms of the 2009 order had never created an equitable interest in the property in the wife’s favour and consequently there was no basis on which the court could go further and consider whether that interest fell outside of, or how it was effected by, his bankruptcy. The husband and his new partner appealed against the decision that the wife was entitled to receive her outstanding instalment payment from the net proceeds of sale.’
WLR Daily, November 2016
Source: www.iclr.co.uk
‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’
Legal Futures, 26th April 2017
Source: www.legalfutures.co.uk
‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’
Local Government Lawyer, 26th April 2017
Source: www.localgovernmentlawyer.co.uk
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