Is it time for the 1980 Hague Convention to be revised? – Family Law

Posted November 7th, 2018 in child abduction, enforcement, news, treaties by sally

‘The Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (“1980 Hague Convention”) is a multilateral treaty developed by the Hague Conference on Private International Law (HCCH). There are currently 99 Contracting Parties to the 1980 Hague Convention and it is often lauded as one of, if not the most, successful international family law initiatives.’

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Family Law, 7th November 2018

Source: www.familylaw.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 7th, 2018 in legislation by sally

The National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) (Amendment) Regulations 2018

The Income Tax (Indexation) Order 2018

The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018

Source: www.legislation.gov.uk

Solicitor struck off over housing benefit conviction – Legal Futures

Posted November 7th, 2018 in benefits, disciplinary procedures, fraud, news, solicitors by sally

‘An experienced solicitor has been struck off after being convicted of fraudulently claiming housing benefit when she had savings that made her ineligible.’

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Legal Futures, 7th November 2018

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted November 7th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Astex Therapeutics Ltd v Astrazeneca AB [2018] EWCA Civ 2444 (06 November 2018)

CSSA Chartering and Shipping Services SA v Mitsui OSK Lines Ltd [2018] EWCA Civ 2413 (06 November 2018)

Court of Appeal (Criminal Division)

Winterton v R [2018] EWCA Crim 2435 (06 November 2018)

High Court (Administrative Court)

Baci Bedfordshire Ltd, R (on the application of) v Environment Agency & Anor [2018] EWHC 2962 (Admin) (06 November 2018)

High Court (Chancery Division)

British Broadcasting Corporation & Anor v Mechanical-Copyright Protection Society Ltd & Ors [2018] EWHC 2931 (Ch) (06 November 2018)

WH Holding Ltd & Ors v E20 Stadium LLP [2018] EWHC 2971 (Ch) (05 November 2018)

High Court (Queen’s Bench Division)

Berhad v Frazer-Nash Research Ltd & Anor [2018] EWHC 2970 (QB) (06 November 2018)

Source: www.bailii.org

Silencing of Sir Philip Green’s British accusers is ‘making a mockery of legal system’ – Daily Telegraph

‘Silencing Sir Philip Green’s alleged British victims while his former employees in America speak out on is “making a mockery” of the UK’s legal system, experts and MPs have said.’

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Daily Telegraph, 6th November 2018

Source: www.telegraph.co.uk

Grenfell fire: When does causing offence become a crime? – BBC News

Posted November 7th, 2018 in fire, freedom of expression, news, public order by sally

‘A video shared on social media of a cardboard model of Grenfell Tower being set alight by a laughing crowd has prompted outrage, condemnation and some difficult questions.’

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BBC News, 6th November 2018

Source: www.bbc.co.uk

GDPR: companies should look beyond passwords, says ICO – OUT-LAW.com

Posted November 7th, 2018 in data protection, EC law, electronic commerce, encryption, news by sally

‘Online service providers should consider alternatives to passwords to keep their systems secure and meet their obligations under data protection laws, the UK’s Information Commissioner’s Office (ICO) has said.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Ryanair was ‘woeful’, say lawyers for racially abused passenger – The Guardian

Posted November 7th, 2018 in airlines, compensation, complaints, news, racism by sally

‘Lawyers acting for a passenger who was racially abused on a Ryanair flight have demanded an apology and compensation from the airline, describing its response as “woeful”.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

The Advocate and the Expert in the Court of Protection – Expert Witness

Posted November 6th, 2018 in advocacy, barristers, case management, Court of Protection, expert witnesses, news by sally

‘The aim of this article is to explore the practical interface between the advocate and the expert in proceedings before the Court of Protection (‘COP’), and is written for both lawyers and experts. Unless otherwise stated, all statutory references are to the Mental Capacity Act 2005 (‘MCA’), and the person over whom the court has jurisdiction is referred to a ‘P’.’

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Expert Witness, 5th November 2018

Source: scoop-cms.s3-eu-west-1.amazonaws.com

Valuation under evaluation: proposals for reform – Tanfield Chambers

‘Nicola Muir considers the Law Commission’s options for reforming the valuation of residential lease extensions.’

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Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Landmark day for state pension equality – BBC News

Posted November 6th, 2018 in budgets, equality, national insurance, news, pensions, statistics, women by sally

‘From Tuesday women in the UK will begin to qualify for their state pensions at the same age as men – currently 65.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Farmer guilty over death of worker trapped by her hair – BBC News

Posted November 6th, 2018 in accidents, health & safety, homicide, negligence, news by sally

‘A farmer has been found guilty of causing the death of a 20-year-old woman whose hair became entangled in a milling machine.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Law firm sanctioned over conveyancing conflicts – Legal Futures

‘A law firm that also owns an estate agency and acted for seller, buyer and as the seller’s agent in 14 residential conveyancing transactions has been fined over the conflict of interest this generated.’

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Legal Futures, 5th November 2018

Source: www.legalfutures.co.uk

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Minister Orders Urgent Investigation Into Autistic And Learning Disabled Patients Being Locked Up – Rights Info

‘The Health Secretary has ordered a review into the use of seclusion and segregation in the care of people with learning disabilities and autism in secure hospitals.’

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Rights Info, 5th November 2018

Source: rightsinfo.org

Gloucester man jailed for murdering wife and stepdaughter – The Guardian

Posted November 6th, 2018 in domestic violence, families, murder, news, sentencing by sally

‘A man has been jailed for life and ordered to serve at least 29 years in prison for murdering his wife and stepdaughter in an episode of “wanton savagery”.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted November 6th, 2018 in legislation by sally

Mental Health Units (Use of Force) Act 2018

Non-Domestic Rating (Nursery Grounds) Act 2018

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018

Source: www.legislation.gov.uk

Labour MP’s brother admits perverting course of justice – The Guardian

Posted November 6th, 2018 in dangerous driving, deceit, news, perverting the course of justice by sally

‘The brother of a Labour MP has admitted perverting the course of justice by lying to police about who was driving a speeding car.’

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The Guardian, 5th November 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 6th, 2018 in legislation by sally

The Zoonotic Disease Eradication and Control (Amendment) (England) (EU Exit) Regulations 2018

The Financial Regulators’ Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018

The Medicines and Healthcare Products Regulatory Agency Trading Fund (Amendment) (EU Exit) Order 2018

The Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018

The National Health Service (Pharmaceutical Services, Charges and Prescribing) (Amendment) Regulations 2018

The Data Retention and Acquisition Regulations 2018

The Ministry of Defence Police (Conduct and Appeals Tribunals) (Amendment) Regulations 2018

The Coroners Allowances, Fees and Expenses (Amendment) Regulations 2018

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 3) Regulations 2018

The International Recovery of Maintenance (Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance 2007) (EU Exit) Regulations 2018

The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018

The Ship Recycling (Requirements in relation to Hazardous Materials on Ships) (Amendment etc.) Regulations 2018

The Childcare (Miscellaneous Amendments) (EU Exit) (England) Regulations 2018

The Non-Contentious Probate (Amendment) Rules 2018

The Plant Health (England) (Amendment) (No. 5) Order 2018

The Child Tax Credit (Amendment) Regulations 2018

The Universal Credit and Jobseeker’s Allowance (Miscellaneous Amendments) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2018 in law reports by sally

Supreme Court

Dooneen Ltd (t/a McGinness Associates)& Anor v Mond (Scotland) [2018] UKSC 54 (31 October 2018)

Court of Appeal (Civil Division)

Ogiehor v Ogiehor [2018] EWCA Civ 2423 (02 November 2018)

Terry v BCS Corporate Acceptances Ltd & Ors [2018] EWCA Civ 2422 (02 November 2018)

Court of Appeal (Criminal Division)

Aziz & Ors v R [2018] EWCA Crim 2412 (02 November 2018)

E, R v [2018] EWCA Crim 2426 (01 November 2018)

High Court (Administrative Court)

CPRE Surrey & Anor v Waverley Borough Council & Ors [2018] EWHC 2969 (Admin) (05 November 2018)

IO (Nigeria), R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2940 (Admin) (02 November 2018)

Bah, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2942 (Admin) (02 November 2018)

Liral Veget Training And Recruitment Ltd, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) (02 November 2018)

Islam, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) (02 November 2018)

Valiati v Director Of Public Prosecutions [2018] EWHC 2908 (Admin) (01 November 2018)

Guerry, R (on the application of) v & Ors [2018] EWHC 2899 (Admin) (01 November 2018)

High Court (Chancery Division)

Noble Group Ltd, Re [2018] EWHC 2911 (Ch) (02 November 2018)

High Court (Commercial Court)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors [2018] EWHC 2929 (Comm) (05 November 2018)

RJ & Anor v HB [2018] EWHC 2958 (Comm) (05 November 2018)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors (Rev 1) [2018] EWHC 2926 (TCC) (02 November 2018)

High Court (Family Division)

Hart v Hart [2018] EWHC 2966 (Fam) (05 November 2018)

High Court (Queen’s Bench Division)

Lysongo v The Foreign and Commonwealth Office & Anor [2018] EWHC 2955 (QB) (05 November 2018)

YAH v Medway NHS Foundation Trust [2018] EWHC 2964 (QB) (05 November 2018)

Birmingham City Council v Amey Birmingham Highways Ltd [2018] EWHC 2875 (QB) (02 November 2018)

Doyle v Smith [2018] EWHC 2935 (QB) (02 November 2018)

Gill v Heer Manak Solicitors [2018] EWHC 2881 (QB) (30 October 2018)

High Court (Technology and Construction Court)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors [2018] EWHC 2926 (TCC) (02 November 2018)

Source: www.bailii.org