Relationships as seen in the eyes of the law – Family Law

‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’

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Family Law, 13th November 2018

Source: www.familylaw.co.uk

County court to test video hearings in year-long pilot – Legal Futures

Posted November 13th, 2018 in county courts, internet, live link evidence, news, pilot schemes by sally

‘A year-long pilot to hear applications to set aside county court default judgments by an internet-enabled video link will begin at the end of this month.’

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Legal Futures, 13th November 2018

Source: www.legalfutures.co.uk

Is it legal for your boss to make you wear a bra to work? – The Guardian

Posted November 13th, 2018 in employment, equality, news, sex discrimination, women by sally

‘What are women’s rights in this area? Can you really get sacked for not wearing a bra? According to Hayley Johnson, a senior associate in employment law for Slater and Gordon: “If someone was dismissed for not wearing a bra at work, that could be discriminatory under current law,” she says.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Give victims right to challenge police and parole decisions, say MPs and Lords – Daily Telegraph

Posted November 13th, 2018 in compensation, consultations, criminal justice, disclosure, news, parole, police, victims by sally

‘Crime victims must get new legal rights to challenge parole and police decisions, a new all party group of MPs and Lords will demand today (Tues).’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Ministers will not scrap ‘reasonable grounds’ stop and search rule – The Guardian

Posted November 13th, 2018 in investigatory powers, news, police, reasons, stop and search, weapons by sally

‘The government has ruled out changing stop and search rules to allow police to use the power without reasonable grounds to suspect wrongdoing, while saying they want to “reduce bureaucracy” over such operations.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

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Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

Former UBS trader Kweku Adoboli could be deported to Ghana – The Guardian

Posted November 13th, 2018 in appeals, banking, deportation, fraud, immigration, judicial review, news, sentencing by sally

‘The convicted former UBS trader Kweku Adoboli has been arrested and could be deported to Ghana in the next few days, he has said.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal

Posted November 12th, 2018 in fees, jurisdiction, leases, news, service charges by sally

‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’

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Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal

Posted November 12th, 2018 in defective premises, landlord & tenant, leases, news, rent by sally

‘Or, the significance of tenancy agreement clauses.’

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Nearly Legal, 8th November 2018

Source: nearlylegal.co.uk

High Court: administrator appointment can be simultaneous with court notice – OUT-LAW.com

Posted November 12th, 2018 in administrators, insolvency, news, notification, time limits by sally

‘The High Court in England has confirmed that the industry standard wording used in the notice of appointment does not invalidate the appointment of the administrators. The same practice had previously been called into question in a case involving NJM Clothing.’

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OUT-LAW.com, 12th November 2018

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 12th, 2018 in legislation by sally

The Crime and Courts Act 2013 (Deferred Prosecution Agreements) (Amendment of Specified Offences) Order 2018

The Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018

The Technical and Further Education Act 2017 (Commencement No. 4) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 12th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Cardtronics Europe Ltd & Ors v Syke & Ors (Valuation Officers) [2018] EWCA Civ 2472 (09 November 2018)

High Court (Administrative Court)

Intertrade Wholesale Ltd & Ors, R (On the Application Of) v Revenue And Customs & Anor [2018] EWHC 3046 (Admin) (09 November 2018)

High Court (Commercial Court)

Gruber & Ors v AIG Management France, SA & Ors [2018] EWHC 3030 (Comm) (09 November 2018)

High Court (Family Division)

NN v AS & Ors [2018] EWHC 2973 (Fam) (06 November 2018)

High Court (Queen’s Bench Division)

Pal v Commissioner of the Police for the Metropolis [2018] EWHC 2988 (QB) (09 November 2018)

Taylo v Fascia Future Ltd [2018] EWHC 3049 (QB) (09 November 2018)

Source: www.bailii.org

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part Two – UKSC Blog

‘(ii) Undue Harshness

Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’

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UKSC Blog, 9th November 2018

Source: ukscblog.com

Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part One – UKSC Blog

‘The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding the correct interpretation of the Nationality, Immigration and Asylum Act 2002 (as amended), Part 5A, ss 117A to 117D. Centrally, s 117D(1) defines a “qualifying child” as someone under the age of 18 who is either a British citizen or has lived in the UK for a continuous period of seven years or more. Despite the controversial nature and history of these cases, Lord Carnwath’s short but robust judgment concentrates on simplicity because the novel statutory scheme aims “to produce a straightforward set of rules” on ECHR, art 8 and public interest considerations.’

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UKSC Blog, 9th November 2018

Source: ukscblog.com

Owner of unauthorised scrap yard hit for £200k in fines, costs and confiscation – Local Government Lawyer

Posted November 12th, 2018 in confiscation, costs, enforcement notices, fines, news, proceeds of crime, waste by sally

‘The owner of an unauthorised scrap yard in South Staffordshire was last month fined £24,000 and ordered to pay court costs of £28,280 at Birmingham Crown Court.’

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Local Government Lawyer, 12th November 2018

Source: www.localgovernmentlawyer.co.uk

Speech by Lord Justice McFarlane: Bond Solon Experts Conference 2018 – Courts and Tribunals Judiciary

Posted November 12th, 2018 in expert witnesses, family courts, speeches by sally

‘As a family judge, and now the judge responsible for the family justice system throughout England and Wales, I am very pleased to be able to address this conference and to take the opportunity to say something about the role of experts in family proceedings, the role of experts more generally before concluding, on a topic which may be of general interest to each of you, by saying something about the radical changes which are currently being developed and implemented in every court and tribunal and in every area of jurisdiction, be it criminal, civil or family law.’

Full speech

Courts and Tribunals Judiciary, 9th November 2018

Source: www.judiciary.gov.uk

MoJ sets minimum standards to improve probation performance – Law Society’s Gazette

Posted November 12th, 2018 in contracting out, news, probation, standards by sally

‘The government expects probation providers to offer monthly face-to-face meetings with offenders during the first year of supervision, the lord chancellor has told MPs concerned about the government’s approach to rehabilitation.’

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Law Society's Gazette, 9th November 2018

Source: www.lawgazette.co.uk

Woman’s faulty bed sex fall claim rejected at High Court – BBC News

Posted November 12th, 2018 in accidents, news, personal injuries by sally

‘A woman left paralysed after being “catapulted” from her new bed during sex has lost a seven-figure damages claim.’

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BBC News, 9th November 2018

Source: www.bbc.co.uk

Burglar jailed after being found asleep and cradling stolen jewellery in his arms – The Independent

Posted November 12th, 2018 in burglary, news, sentencing by sally

‘A burglar who was found fast asleep cradling stolen jewellery in his arms, has been jailed.’

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The Independent, 10th November 2018

Source: www.independent.co.uk