Category: news

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Police apologise to woman for not pursuing sex assault report – BBC News

Posted October 24th, 2022 in evidence, media, news, police, sexual offences, victims by sally

‘A woman who was sexually assaulted at a bus station said police failed to act despite her sending them photos of her attacker.’

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BBC News, 24th October 2022

Source: www.bbc.co.uk

Rees-Mogg move to axe 2,400 laws is ‘anti-democratic’, say legal experts – The Guardian

Posted October 24th, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’

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The Guardian, 24th October 2022

Source: www.theguardian.com

Good faith: reliance on the repugnant – Practical Law: Construction Blog

Posted October 21st, 2022 in appeals, construction industry, contracts, news, Supreme Court by sally

‘English law has, to put it mildly, a fractious relationship with the concept of good faith. There is a deep-rooted scepticism towards it that has often manifested as outright hostility: Lord Ackner famously described the duty to negotiate in good faith as “inherently repugnant to the adversarial position of the parties” (Walford v Miles). Indeed, the Supreme Court has recently confirmed that there is no general principle of good faith in English law (Times Travel (UK) Ltd and another v Pakistan International Airlines Corp).’

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Practical Law: Construction Blog , 19th October 2022

Source: constructionblog.practicallaw.com

The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by sally

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

City council to refund 11 years of care home top-up fees to family following Ombudsman investigation – Local Government Lawyer

Posted October 21st, 2022 in care homes, compensation, delay, families, fees, local government, news, ombudsmen by sally

‘An investigation by the Local Government and Social Care Ombudsman has concluded that a family should never have been charged for 11 years’ worth of care home top-up fees for their mother’s care.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Construction begins on brand new flagship London court in the Square Mile – Ministry of Justice

Posted October 21st, 2022 in computer crime, courts, fraud, London, Ministry of Justice, money laundering, news by sally

‘The construction of a state-of-the-art combined court is underway in the heart of London’s legal centre as part of Salisbury Square, a new development on Fleet Street.’

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Ministry of Justice, 18th October 2022

Source: www.gov.uk

Family lawyers and judges “need menopause training” – Legal Futures

Posted October 21st, 2022 in divorce, families, family courts, health, judiciary, legal education, legal profession, menopause, news, statistics, women by sally

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

LSB to urge regulatory action in bid to strengthen professional ethics – Legal Futures

Posted October 21st, 2022 in codes of practice, legal education, legal profession, Legal Services Board, news by sally

‘A greater focus on professional ethics among law students and qualified lawyers, with stronger supervision by regulators, is needed to uphold the rule of law, the Legal Services Board has said.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

National blueprint for prosecuting rape takes a step closer with refreshed joint work pledge – Crown Prosecution Service

Posted October 21st, 2022 in codes of practice, Crown Prosecution Service, news, police, prosecutions, rape, sexual offences by sally

‘A blueprint for prosecuting rape and serious sexual offences has taken a significant step forward today – as new data reveals charge rates for rape have increased to 72.8%.’

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Crown Prosecution Service, 20th October 2022

Source: www.cps.gov.uk

Pupillage offers have recovered post-pandemic, Bar Council finds – The Bar Council

Posted October 21st, 2022 in barristers, coronavirus, news, pupillage, statistics by sally

‘The number of pupillage offers and applications is once again at pre-pandemic levels, according to a new report from the Bar Council published today.’

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The Bar Council, 17th October 2022

Source: www.barcouncil.org.uk

Removal process for judges ‘unconstitutional’, support network tells MoJ – Law Society’s Gazette

Posted October 21st, 2022 in consultations, disability discrimination, disabled persons, employment, equality, health, judges, judiciary, Ministry of Justice, news by sally

‘A new policy designed to remove judges from office if they have been long absent from work due to ill health would be unconstitutional, a support network for judges has told the government.’

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Law Society's Gazette, 20th October 2022

Source: www.lawgazette.co.uk

Financial Remedy Update, October 2022 – Family Law Week

Posted October 21st, 2022 in divorce, families, family courts, financial dispute resolution, financial provision, news by sally

‘Stephanie Hawthorn and Abigail Pearse, associates, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during September 2022.’

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Family Law Week, 17th October 2022

Source: www.familylawweek.co.uk

Child sex abuse: The horrific findings of a seven-year inquiry – BBC News

Posted October 21st, 2022 in child abuse, children, inquiries, news, sexual offences by sally

‘The Independent Inquiry into Child Sexual abuse was created in the wake of the Jimmy Savile scandal to examine how institutions responded to allegations of abuse in England and Wales – both in the past, and today.’

Final report

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BBC News, 20th October 2022

Source: www.bbc.co.uk

Harry Dunn: US citizen pleads guilty to causing death of British teenager by careless driving – The Independent

Posted October 21st, 2022 in accidents, dangerous driving, diplomats, families, guilty pleas, homicide, immunity, news by sally

‘A US citizen has admitted responsibility for the death of a British teenager in a crash near a US military base. Anne Sacoolas, 45, pleaded guilty to causing the 19-year-old motorcyclist Harry Dunn’s death by careless driving in August 2019.’

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The Independent, 20th October 2022

Source: www.independent.co.uk

Care substandard at 39% of maternity units in England, NHS watchdog finds – The Guardian

Posted October 21st, 2022 in birth, causing death of children or vulnerable adults, families, hospitals, midwives, news, ombudsmen, pregnancy, statistics by sally

‘Two out of five maternity units in England are providing substandard care to mothers and babies, the NHS watchdog has warned. “The quality of maternity care is not good enough,” the Care Quality Commission (CQC) said in its annual assessment of how health and social care services are performing.’

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The Guardian, 21st October 2022

Source: www.theguardian.com

Gleision mine disaster: Decision due on inquest after 11 years – BBC News

Posted October 21st, 2022 in accidents, bereavement, coroners, families, inquests, miners, news by sally

‘Eleven years after a mine disaster killed four men, a decision is finally expected on whether an inquest will take place into their deaths. A coroner will hear arguments on Friday from barristers.’

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BBC News, 21st October 2022

Source: www.bbc.co.uk

Human Rights Act reform – House of Commons

Posted October 20th, 2022 in bills, human rights, news, repeals by sally

‘During Boris Johnson’s premiership the Government published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill has not yet had its second reading and its fate is now unclear.’

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House of Commons, 19th October 2022

Source: commonslibrary.parliament.uk

Immigration Detention Explained – Each Other

Posted October 20th, 2022 in detention, immigration, news by sally

‘In the UK, thousands of people are held in immigration detention every year under immigration powers and held in “prison-like” conditions. Who are they, what happens when they are detained, and how can they get out?’

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Each Other, 19th October 2022

Source: eachother.org.uk

Instrumented Mouthguards and Tackle Height Lowered in Rugby Union: A Game Changer? – Ropewalk Chambers

Posted October 20th, 2022 in electronic monitoring, news, personal injuries, regulations, sport by sally

‘In another step forward, the use of Instrumented Mouthguards (iMGs) is being included by the RFU in their mission to reduce players’ risk of concussion.’

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Ropewalk Chambers, 19th October 2022

Source: www.ropewalk.co.uk