Fixed Costs in Civil Proceedings – Becket Chambers

Posted January 9th, 2020 in civil procedure rules, costs, news, pre-action conduct, small claims by sally

‘The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply.’

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Becket Chambers, 3rd January 2020

Source: becket-chambers.co.uk

VAT charges on digital versions of newspapers overturned – OUT-LAW.com

Posted January 9th, 2020 in EC law, electronic commerce, internet, media, news, statutory interpretation, VAT by tracey

‘A major publisher has been successful in overturning a previous ruling that found that the digital versions of its newspapers were subject to VAT charges.’

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OUT-LAW.com, 8th January 2020

Source: www.pinsentmasons.com

Sexual assault investigation into a child with learning difficulties not a breach of article 3 – Police Law Blog

‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’

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Police Law Blog, 17th December 2019

Source: ukpolicelawblog.com

Barrister blogger attacks colleagues for “being prats on social media” – Legal Futures

Posted January 9th, 2020 in barristers, internet, news, professional conduct, queen's counsel by tracey

‘A leading barrister blogger has blasted her own colleagues at the Bar for “being prats on social media” who “trash our reputation”.’

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Legal Futures, 9th January 2020

Source: www.legalfutures.co.uk

Court orders change in living arrangements for a child following parental alienation – Family Law

Posted January 9th, 2020 in children, news, parental responsibility, residence orders by tracey

‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’

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Family Law, 8th January 2020

Source: www.familylaw.co.uk

Coercive control post-Challen – Counsel

Posted January 9th, 2020 in coercive & controlling behaviour, domestic violence, murder, news by sally

‘Crucial perspective and points of alert for practitioners defending and prosecuting cases involving abused women who have killed.’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

Financial Remedy & Divorce Update, December 2019 – Family Law Week

Posted January 9th, 2020 in divorce, financial provision, news by tracey

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2019.’

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Family Law Week, 30th December 2019

Source: www.familylawweek.co.uk

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers

Posted January 9th, 2020 in news, pensions, statutory interpretation, time limits, wills by sally

‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’

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Wilberforce Chambers, 7th January 2020

Source: www.wilberforce.co.uk

What is no fault divorce and why does it matter? – The Independent

Posted January 9th, 2020 in bills, divorce, news by tracey

‘The start of 2020 is set to see the biggest shake up of divorce laws for over half a century as the Divorce, Dissolution and Separation Bill entered Parliament on 7 January. First promised by the government in April 2018, divorcing couples have now been waiting nearly a year for the arrival of the bill, which is likely to revolutionise marriage split with the introduction of “no-fault” divorce.’

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The Independent, 8th January 2020

Source: www.independent.co.uk

Employment and Discrimination Newsletter – January 2020 – 3PB

‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’

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3PB, 6th January 2020

Source: www.3pb.co.uk

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

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39 Essex Chambers, 7th January 2020

Source: www.39essex.com

CPS ‘struggling to cope’ in disclosing evidence to defendants – report – The Guardian

Posted January 9th, 2020 in Crown Prosecution Service, disclosure, evidence, news, police, prosecutions, reports by tracey

‘A shortage of prosecutors and experienced police officers has left investigators “struggling to cope” with obligations to disclose key evidence to defendants in criminal trials, according to a critical inspectorate report.’

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The Guardian, 9th January 2020

Source: www.theguardian.com

Family Law Newsletter #32 – Spire Barristers

Posted January 9th, 2020 in care orders, civil partnerships, guardianship, marriage, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 6th January 2020

Source: spirebarristers.co.uk

Students who have been sexually assaulted are being let down by ‘inadequate’ support from universities, regulator warns – The Independent

Posted January 9th, 2020 in harassment, news, sexual offences, universities by tracey

‘Students who have been sexually assaulted or harassed are often being let down by “inadequate” support and “ineffective” reporting procedures in universities, the regulator has warned.’

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The Independent, 9th January 2020

Source: www.independent.co.uk

Young victims of trafficking—prosecution or protection? – Counsel

‘The growth in ‘county lines’ cases involving young defendants, themselves victims of trafficking, poses particular issues: practical steps that may assist practitioners and recent case law principles.’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

MS patient found not guilty of cultivating cannabis for medical use – Garden Court Chambers

‘Carlisle Court acquitted an MS patient today of cultivating cannabis, following the Crown Prosecution Service’s decision not to offer evidence in court today on a public interest basis.’

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Garden Court Chambers, 6th January 2020

Source: www.gardencourtchambers.co.uk

Jogee: no winners in this case – Counsel

‘An insight into what it’s like being a young defendant in a gang-related murder trial. Did Jogee change the ‘odds’? Is the doctrine still a stark reality?’

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Counsel, January 2020

Source: www.counselmagazine.co.uk

A busy residential road lies ahead – Tanfield Chambers

Posted January 9th, 2020 in covenants, enfranchisement, housing, landlord & tenant, leases, news, repossession by sally

‘2020 looks like it will be a busy year for residential property law. Now that the election is finally out of the way and the stasis in parliament has been resolved, we might actually see some changes in the law.’

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Tanfield Chambers, 6th January 2019

Source: www.tanfieldchambers.co.uk

Three-quarters of domestic abuse victims trying to flee partner hit with ‘insidious’ technological abuse – The Independent

Posted January 9th, 2020 in domestic violence, harassment, internet, news, stalking, telecommunications, victims by tracey

‘Three in four domestic abuse victims have been exposed to “controlling, humiliating or monitoring” behaviour by their former partners using technology, new figures show.’

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The Independent, 9th January 2020

Source: www.independent.co.uk

‘Relentless’ use of stop and search helps reduce murders for first time in five years, police chief says – Daily Telegraph

Posted January 9th, 2020 in murder, news, police, statistics, stop and search by tracey

‘Relentless use of stop and search powers by police has helped reduce murders in Britain for the first time in five years, according to one of Britain’s most senior officers.’

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Daily Telegraph, 8th January 2019

Source: www.telegraph.co.uk