Family Law Newsletter #57 – Spire Barristers
‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’
Spire Barristers, 31st March 2022
Source: spirebarristers.co.uk
Category: news
Warburton v. Chief Constable of Northamptonshire Police: Applying the Statutory Test – Easier Said Than Done – Littleton Chambers
‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’
Littleton Chambers, 21st March 2022
Source: littletonchambers.com
Future loss of earnings or Smith v Manchester? – Exchange Chambers
‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’
Exchange Chambers, 31st March 2022
Source: www.exchangechambers.co.uk
Crypto specialists cautiously welcome regulation plans – Law Society’s Gazette
‘Specialist lawyers have cautiously welcomed the chancellor of the exchequer’s announcement that so-called stablecoins – cryptoassets with a value pegged to that of a conventional fiat currency – are to “be brought within the scope of regulation”. The announcement is part of a package of measures, including the promise of a Royal Mint “non fungible token” (NFT), to make the UK “a global hub for cryptoasset technology and investment”.’
Law Society's Gazette, 7th April 2022
Source: www.lawgazette.co.uk
R (HM) v Secretary of State for the Home Department – Blackstone Chambers
‘The Divisional Court (Lord Justice Edis and Mr Justice Lane) have handed down an important judgment concerning the legality of the Government’s policy to search, seize and retain data from the mobile phones of migrants arriving by small boat.’
Blackstone Chambers, 25th March 2022
Source: www.blackstonechambers.com
Rape victim sues police for naming her online – BBC News
‘A woman who was gang-raped by men claiming to be Welsh rugby players has sued the police for naming her online.’
BBC News, 7th April 2022
Source: www.bbc.co.uk
Man jailed for 13 years for raping woman he met in Kingston nightclub – The Independent
‘A man has been jailed for 13 years after he filmed himself raping a woman he met at a nightclub.’
The Independent, 7th April 2022
Source: www.independent.co.uk
Reproductive coercion and control in contact cases in the family courts – Law Pod UK
‘Clare Ciborowska and Richard Ager, both family law experts from the Brighton Annexe of 1 Crown Office Row, talk about the difficult subject of reproductive coercion where such allegations arise in child contact cases. Presented by Rosalind English.’
Law Pod UK, 7th April 2022
Source: audioboom.com
How to remove someone’s citizenship and get away with it: Sharmistha Michaels writes for the Solicitors Journal -5 SAH
‘Sharmistha Michaels argues the government’s Nationality and Borders Bill could have severe consequences for citizenship.’
5SAH, 30th March 2022
Source: www.5sah.co.uk
Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register – Falcon Chambers
‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’
Falcon Chambers, March 2022
Source: www.falcon-chambers.com
Woman jailed for creating ‘to-do list and toolkit’ in plan to murder ex – The Independent
‘A 20-year-old woman who created a “meticulous” to-do list and a “murder toolkit” has been jailed for plotting to kidnap, torture and kill a former lover.’
The Independent, 7th April 2022
Source: www.independent.co.uk
Gabriel Tan: Recent developments on declaratory relief in Public Law – UK Constitutional Law Association
‘It is often thought trite that remedies in public law are the quintessential area where judges enjoy a significant amount of discretion. In the words of Sir Clive Lewis (now Lewis LJ), “There is no perceivable rule governing which remedy to use [to remedy unlawful acts] and no particular pattern emerges from the case law.”’
UK Constitutional Law Assoication, 6th April 2022
Source: ukconstitutionallaw.org
HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com
‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’
OUT-LAW.com, 5th April 2022
Source: www.pinsentmasons.com
Two Lidl ads banned over ‘misleading’ Tesco price comparison – The Guardian
‘Two Lidl adverts claiming shoppers could make big savings compared with Tesco have been banned after a complaint from the rival discounter Aldi.’
The Guardian, 6th April 2022
Source: www.theguardian.com
The boundaries of blessing applications – Re XYZ Trusts [2022] SC (Bda) 10 Civ – Wilberforce Chambers
‘The hearing dealt with a blessing application made by trustees in connection with the restructuring of the trust funds. of some 23 settlements between sub-funds in which separate branches of a larger family would then be beneficially interested. By the time of the hearing, the objections were limited to part of one of the three branches (“the Objectors”) on the basis that the new structure would not have sufficient liquidity.’
Wilberforce Chambers, 31st March 2022
Source: www.wilberforce.co.uk
Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers
‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’
New Square Chambers, 29th March 2022
Source: www.newsquarechambers.co.uk
Liberty threatens to sue government over ‘racist’ joint enterprise law – The Guardian
‘The human rights group Liberty is threatening to sue the government and Crown Prosecution Service (CPS) over the bitterly contested law of joint enterprise, arguing that it is discredited and racist in the way the authorities pursue it.’
The Guardian, 7th April 2022
Source: www.theguardian.com
Government defeated over voter ID plans in House of Lords – BBC News
‘The government has been defeated in the House of Lords over its plans to introduce photo ID for voters in elections.’
BBC News, 7th April 2022
Source: www.bbc.co.uk
Administering the last rites at crime scenes: police guidance – Law & Religion UK
‘Following the assassination of Sir David Amess on 15 October 2021, considerable concern was expressed that a Roman Catholic priest, Father Jeffrey Woolnough, had been refused permission to pass through a police cordon to administer the sacrament of the anointing of the sick to Sir David Amess as he lay dying.’
Law & Religion UK, 5th April 2022
Source: lawandreligionuk.com
Credibility: A divisible concept? – Exchange Chambers
‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’
Exchange Chambers, 31st March 2022
Source: www.exchangechambers.co.uk
