news – Page 631 – Current Awareness

Barder: Where are we now? – Family Law

Posted March 15th, 2021 in appeals, coronavirus, divorce, families, family courts, financial dispute resolution, financial provision, news, time limits by sally

‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’

Family Law, 12th March 2021

Source: www.familylaw.co.uk

Multiple employment claims shoot up as Covid hits working conditions – Law Society’s Gazette

Posted March 15th, 2021 in age discrimination, class actions, coronavirus, employment, employment tribunals, Ministry of Justice, news, statistics, unfair dismissal by sally

‘Multiple claims in the employment tribunal nearly doubled towards the end of 2020 as the effects of the pandemic took effect. Statistics published this week by the Ministry of Justice show 29,000 claims were made by more than one person based on the same set of facts in the final three months of last year. This is 82% up on the same period in 2019.’

Law Society's Gazette, 12th March 2021

Source: www.lawgazette.co.uk

‘Unwarranted attack’ by judge on indecent assault accuser could discourage women coming forward, she claims – The Independent

Posted March 15th, 2021 in complaints, harassment, judges, news, sexual offences, women by sally

‘A woman who accused hedge fund boss Crispin Odey of indecent assault has complained about a judge’s “unwarranted attack” on her character, according to a report.’

The Independent, 15th March 2021

Source: www.independent.co.uk

Policing bill: What are the new powers to ‘manage’ protests? – The Independent

Posted March 15th, 2021 in bills, demonstrations, investigatory powers, news, police, sentencing by sally

‘Governments of whatever party seem to come up with a new “law and order” bill almost every year, and these often turn into great caravans of minor legal changes, many of which are uncontroversial. The Police, Crime, Sentencing and Courts Bill, which will be debated by MPs on Monday and Tuesday, is the latest of its kind – and it has suddenly become intensely topical because of the debate over the policing of the vigil for Sarah Everard on Saturday.’

The Independent, 15th March 2021

Source: www.independent.co.uk

Contact after Findings of Domestic Abuse – Family Law Week

Posted March 15th, 2021 in children, domestic violence, families, family courts, news, parental responsibility, practice directions by sally

‘Teena Dhanota-Jones, Consultant at Simons Muirhead Burton, analyses a recent case involving the interplay of the law on contact and Practice Direction 12J on domestic abuse.’

Family Law Week, 10th March 2021

Source: www.familylawweek.co.uk

Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent

Posted March 15th, 2021 in bills, coronavirus, criminal justice, Crown Prosecution Service, demonstrations, enforcement, government departments, murder, news, police, violence, women by sally

‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’

The Independent, 15th March 2021

Source: www.independent.co.uk

Court can order solicitor to attend wasted costs cross-examination – Litigation Futures

Posted March 12th, 2021 in civil procedure rules, costs, courts, cross-examination, news, solicitors by sally

‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’

Litigation Futures, 11th March 2021

Source: www.litigationfutures.com

Sarah Everard: Court challenge over Clapham vigil ban – BBC News

Posted March 12th, 2021 in coronavirus, demonstrations, human rights, murder, news, women by sally

‘Organisers of a vigil in response to the disappearance of Sarah Everard are going to the High Court after police said gatherings would be “unlawful”.’

BBC News, 12th March 2021

Source: www.bbc.co.uk

Convicted robber jailed for murdering woman he met on dating site – The Guardian

Posted March 12th, 2021 in imprisonment, murder, news, recidivists, robbery, sentencing by sally

‘A convicted armed robber who strangled, battered and stabbed a woman to death after meeting her on a dating site has been sentenced to life in prison.’

The Guardian, 11th March 2021

Source: www.theguardian.com

Stonehenge, religious manifestation and the ECHR: Halcrow – Law & Religion UK

Posted March 12th, 2021 in appeals, historic buildings, human rights, monuments, news, proportionality, religious discrimination, trespass by sally

‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’

Law & Religion UK, 11th March 2021

Source: lawandreligionuk.com

High court rejects bid to extend UK’s EU settlement scheme – The Guardian

Posted March 12th, 2021 in brexit, citizenship, deportation, EC law, government departments, immigration, judicial review, news by sally

‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’

The Guardian, 11th March 2021

Source: www.theguardian.com

The UK’s new medicines and medical devices regime – next steps – Mills & Reeve

Posted March 12th, 2021 in chambers articles, enforcement, medicines, news by sally

‘The Medicines and Medical Devices Act has now become law. Much of the legislation simply sets up powers and frameworks for development of the UK’s regulatory system for medicines, veterinary medicines and medical devices. Importantly, Part 4 of the Act introduces a new enforcement regime for medical devices, replacing provisions currently scattered across other legislation.’

Mills & Reeve, 5th March 2021

Source: www.mills-reeve.com

Judge says recent case shows how exceptional circumstances must be if court is to use its power to dismiss care proceedings without having heard all the evidence – Local Government Lawyer

Posted March 12th, 2021 in care orders, child abuse, children, evidence, families, family courts, local government, news, sentencing by sally

‘A Family Court judge has refused applications to dismiss care proceedings at a half-way stage made by a number of people accused of sexual offences against children.’

Local Government Lawyer, 12th March 2021

Source: www.localgovernmentlawyer.co.uk

Matthew Topham: Lottery winner sentenced over fatal crash – BBC News

Posted March 12th, 2021 in dangerous driving, news, sentencing, suspended sentences, unlawful killing by sally

‘A lottery winner who caused a fatal Christmas Day crash when he took his eyes off the road to find his young son’s teddy bear has avoided jail.’

BBC News, 11th March 2021

Source: www.bbc.co.uk

Insolvency Team – Recent Insolvency Case Update – Hardwicke Chambers

Posted March 11th, 2021 in bankruptcy, chambers articles, insolvency, news by sally

‘These case summaries first appeared in LexisNexis’ Insolvency Case Alerter. They represent some of the more interesting insolvency decisions to have been published recently.’

Hardwicke Chambers, 4th March 2021

Source: hardwicke.co.uk

Pondering the Imponderables: Future Loss of Earnings Claims Post-COVID – Ropewalk Personal Injury Blog

Posted March 11th, 2021 in chambers articles, coronavirus, damages, news, personal injuries by sally

‘The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying the pre-COVID guidance, the extraordinary nature of those uncertainties creates too many imponderables for assessment using the standard multiplier/multiplicand basis. Conversely, the same uncertainties may make it easier for claimants to obtain Smith v Manchester awards and in higher amounts than before.’

Ropewalk Personal Injury Blog, 3rd March 2021

Source: www.ropewalk.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

Posted March 11th, 2021 in chambers articles, coronavirus, Court of Protection, elderly, mental health, news, vaccination by sally

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Partners and Confiscation – Carmelite Chambers

Posted March 11th, 2021 in chambers articles, confiscation, families, news, proceeds of crime, statistics, women by sally

‘Data from 2019 suggests that 26% of prosecutions brought against women, of which only 10% are for indictable offences. The same data indicates that women account for just 5% of the prison population.’

Carmelite Chambers, March 2021

Source: www.carmelitechambers.co.uk

Splitting liability between transferees: McTear & Mitie v Amey & Others – Cloisters

Posted March 11th, 2021 in appeals, chambers articles, contract of employment, employment, employment tribunals, news, transfer of undertakings by sally

‘In McTear & Mitie v Amey & Others the Employment Appeal Tribunal held that the controversial decision of the CJEU in Govaerts applies in domestic law – including to Service Provision Changes (‘SPCs’) under TUPE. This means that the contract of employment of a given employee who transfers pursuant to a SPC may as a matter of law be split between multiple transferees.’

Cloisters, 2nd March 2021

Source: www.cloisters.com

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