Paternity issues: AB v CD [2019] EWHC 1695 (Fam) – Family Law

‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’

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Family Law, 10th October 2019

Source: www.familylaw.co.uk

Lithuanian man jailed for a second time for stalking – Crown Prosecution Service

Posted October 10th, 2019 in deportation, news, recidivists, sentencing, stalking by tracey

‘A Lithuanian man, who was deported following a conviction for stalking but found a way back to the country to torment the same victim, has been jailed for three years.’

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Crown Prosecution Service, 9th October 2019

Source: www.cps.gov.uk

Millionaire’s son who threatened barman with toy gun has sentence deferred so he can holiday in Barbados – Daily Telegraph

Posted October 10th, 2019 in delay, firearms, guilty pleas, news, sentencing by tracey

‘A Sandbanks Yacht Club guest, who threatened a barman with an imitation gun, has had his sentence deferred so that he can holiday in Barbados.’

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Daily Telegraph, 9th October 2019

Source: www.telegraph.co.uk

Drug addicts to receive diamorphine twice a day in UK-first scheme – The Guardian

Posted October 10th, 2019 in crime prevention, drug abuse, drug trafficking, medical treatment, news by tracey

‘Drug addicts in the north of England are to receive daily doses of diamorphine from next week as part of plans to reduce deaths, stop crime and undermine drug dealers.’

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The Guardian, 9th October 2019

Source: www.theguardian.com

Police bail decline revealed as Law Society say worrying trend means violent criminals are being released with no restrictions – Daily Telegraph

Posted October 10th, 2019 in bail, Law Society, news, police, statistics, victims, violence by tracey

‘Thousands of crime suspects are being released by police without any restrictions and potentially putting victims and the public in danger, new research suggests. In 2017, the law was changed in a bid to limit the time someone spends on bail to 28 days, offering police the chance to instead release someone under investigation (RUI) for an unlimited period of time and without having to place any restrictions on them.’

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Daily Telegraph, 9th October 2019

Source: www.telegraph.co.uk

Violent hate crime against disabled has risen by 41 per cent in the last year, figures suggest – The Independent

Posted October 10th, 2019 in disabled persons, hate crime, news, statistics, violence, violent offenders by tracey

‘Disability hate crime involving violence has risen by 41 per cent in the last year, figures suggest.’

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The Independent, 9th October 2019

Source: www.independent.co.uk

Case Preview: Gilham v Ministry of Justice Part Two – UKSC Blog

‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Case Preview: Gilham v Ministry of Justice Part One – UKSC Blog

‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law – UK Constitutional Law Association

‘In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland, the Supreme Court briefly directed its focus to its understanding of the nature of “nullity” following a finding of administrative unlawfulness. Its approach surprised some commentators, but in this post I will suggest that, far from being completely novel, the distinctions it appears to draw are familiar within the law of habeas corpus. This comparison will, I suggest, cast light upon the shifting and somewhat complex idea of “nullity” in UK public law.’

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UK Constitutional Law Association, 8th October 2019

Source: ukconstitutionallaw.org

The UK Supreme Court’s “One Off” Judgment – Oxford Human Rights Hub

‘It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court in the separation of powers. Judges examining the constitution against a seething political background. But the lions emerged from beneath the throne, unanimously, in a judgment that unlocked the doors of Parliament and clearly, soberly reasserted our sovereign legislature.’

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Oxford Human Rights Hub, 9th October 2019

Source: ohrh.law.ox.ac.uk

Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer

‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’

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Local Government Lawyer, 9th October 2019

Source: www.localgovernmentlawyer.co.uk

Trade union firm faces trade union-organised strike – Legal Futures

Posted October 9th, 2019 in budgets, costs, employment, law firms, news, personal injuries, remuneration, trade unions by sally

‘Leading trade union law firm Thompsons is facing a strike over pay – and pickets lines at its offices across the country – organised by a trade union.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

The Four Categories of Risk to Rights in the Brexit Process – Oxford Human Rights Hub

Posted October 9th, 2019 in brexit, EC law, human rights, news by sally

‘Writing only weeks before the (re)scheduled date of UK withdrawal from the EU, there seems little of which to be certain: it is still uncertain whether the UK will withdraw on a ‘No-Deal’ basis, or under a Withdrawal Agreement. Whatever the process of withdrawal, however, there should be no doubt that it will have a negative impact on the system of rights protection in the UK. Beyond the immediate loss of rights and remedies which arise directly from EU membership, the legal process of withdrawal has already indicated this negative impact: under the European Union (Withdrawal) Act 2018, the EU Charter of Fundamental Rights will not be retained, just as general principles (including recognisably fundamental rights) are retained only where they have been recognised by EU case law but given no right of action or remedy. The 2018 Act also follows similar Brexit legislation in delegating wide legislative power to the executive (unprecedented in scale and scope) to amend or repeal retained EU law. While the cumulative effect of Brexit is as yet near-impossible to fully gauge, the aim of this post is to introduce four categories of risk to the protection of rights posed by the Brexit process.’

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Oxford Human Rights Hub, 7th October 2019

Source: ohrh.law.ox.ac.uk

Sex offender: ‘I’ve never had so many deviant thoughts’ – BBC News

‘In 2017, the government’s flagship treatment scheme for people convicted in England and Wales of rape or child sexual abuse was scrapped after it was shown to raise the risk of reoffending. Two sex offenders have told BBC Radio 4’s File on 4 programme what it was like to take part in the rehabilitation programme.’

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BBC News, 8th October 2019

Source: www.bbc.co.uk

High Court rules delving into women’s pension pots is not discriminatory – UK Human Rights Blog

Posted October 9th, 2019 in age discrimination, equality, news, notification, pensions, sex discrimination, women by sally

‘In a judgment handed down on 3rd October, the High Court has ruled that successive statutes between 1995 and 2014, which legislated to equalise the state pension age between men and women were not discriminatory. The High Court also determined that it was not a matter for the courts to conclude whether the steps taken to inform those affected by the changes in the state pension age for women were inadequate or unreasonable.’

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UK Human Rights Blog, 9th October 2019

Source: ukhumanrightsblog.com

Supreme Court to hear Mastercard CPO appeal – Litigation Futures

Posted October 9th, 2019 in appeals, banking, class actions, EC law, fees, news, Supreme Court by sally

‘The Supreme Court has granted Mastercard permission to appeal against the Court of Appeal ruling that kept the massive £14bn class action over interchange fees alive.’

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Litigation Futures, 8th October 2019

Source: www.litigationfutures.com

Carl Beech: Judge suggests he was ‘misled’ over VIP abuse search warrants – BBC News

‘A judge who granted search warrants in the Met’s discredited VIP paedophile inquiry has agreed with a report that concluded he was “misled” by police.’

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BBC News, 9th October 2019

Source: www.bbc.co.uk

Thoughts on Advocacy from the Coal Face – a paper – Six Pump Court

Posted October 9th, 2019 in advocacy, barristers, legal education, news by sally

‘In a paper entitled “Aristotle and the Three Pillars of Advocacy or a few thoughts on advocacy from the coal face”, Richard Barraclough QC draws on his experience of advocacy and discusses his own principles and methods of effectively presenting a case – both for the defence and the prosecution.’

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Six Pump Court, 4th October 2019

Source: www.6pumpcourt.co.uk

Tribunal rejects claims from ‘partner’ who sued as employee – Legal Futures

‘A former salaried partner, permitted by an employment tribunal earlier this year to sue her law firm as an employee, has lost all but one of her claims.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Wonga customers’ average compensation payout may be just £118 – The Guardian

Posted October 9th, 2019 in administrators, compensation, complaints, debts, interest, loans, news, statistics by sally

‘Customers who were mis-sold loans by the collapsed payday lender Wonga are expected to receive less than 10% of what they are owed in compensation after administrators revealed that only £41m will be put aside for claimants.’

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The Guardian, 9th October 2019

Source: www.theguardian.com