Senior judge warns experts over conditional fee agreements – Litigation Futures

Posted August 9th, 2018 in disciplinary procedures, expert witnesses, fees, news by sally

‘The president of the Upper Tribunal’s Lands Chamber has warned expert witnesses that it could refer them to their professional bodies if they break the rules on conditional fees.’

Full Story

Litigation Futures, 8th August 2018

Source: www.litigationfutures.com

Capacity on the cobbles, Coronation Street’s inheritance dispute storyline – Family Law

Posted August 9th, 2018 in gifts, intestacy, mental health, news, wills by sally

‘As Coronation Street fans will know, Aidan Connor (played by Shayne Ward) tragically committed suicide earlier this year. Following his death, his family were shocked to discover that he left his share of his business, Underworld, to his friend and former business partner Alya Nazir. Aidan’s half-sister, Carla Connor, was particularly outraged by this. She had gifted her interest in the business to Aidan earlier in the year, after he had made his will but before his death. Carla and family consulted a local solicitor, Adam Barlow, who suggested that they could challenge the will on the grounds that Aidan lacked capacity due to depression.’

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Family Law, 8th August 2018

Source: www.familylaw.co.uk

Paediatricians as Expert Witnesses in the Family Courts in England and Wales: Standards, competencies and expectations – Courts and Tribunals Judiciary

Posted August 9th, 2018 in children, doctors, expert witnesses, family courts by sally

‘Produced by the Family Justice Council and the Royal College of Paediatrics and Child Health, this guide directs the reader to discipline-specific information with regards to paediatricians as expert witnesses. It is intended to be used by all stakeholders as a companion document to the generic expert witness standards set out in Part 25 of the Family Procedure Rules.’

Full text

Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.uk

‘It’s not fair on you to continue’ – judge kills off LiP’s epic claim – Law Society’s Gazette

Posted August 9th, 2018 in abuse of process, insolvency, litigants in person, news, striking out by sally

‘A High Court judge has sought once and for all to close three-year proceedings brought by a litigant in person, saying it is not fair to use court time to indulge the matter any further.’

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Law Society's Gazette, 9th August 2018

Source: www.lawgazette.co.uk

Divorce and Financial Remedy Update, August 2018 – Family Law Week

Posted August 9th, 2018 in bills, divorce, family courts, financial provision, news, periodical payments by sally

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during July 2018.’

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Family Law Week, 8th August 2018

Source: www.familylawweek.co.uk

Victims may stop reporting rape over fears phone evidence will be used against them, official warns – The Independent

Posted August 9th, 2018 in evidence, news, police, rape, victims by sally

‘Women may not report rape to police because of fears material from their phones will be used to discredit them, the victims commissioner for London has warned.’

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The Independent, 8th August 2018

Source: www.independent.co.uk

Asset Seizures – An Overview of the New POCA Powers Brought in Under Criminal Finance Act 2017 – Drystone Chambers

Posted August 9th, 2018 in forfeiture, news, proceeds of crime by sally

‘The last tranche of the Criminal Finance Act 2017 (‘CFA’) was enacted on the 17th of April 2018, which put in place the laws in relation to the forfeiture of movable property. For the ease of purpose, I have called this asset seizure, to bring it into its rightful place along with account and cash seizures.’

Full Story

Drystone Chambers, July 2018

Source: drystone.com

Modern slavery prosecutions rise by a quarter amid criticism of government crackdown – The Independent

Posted August 9th, 2018 in forced labour, news, prosecutions, statistics by sally

‘The number of modern slavery prosecutions has risen by more than a quarter in the past year, but still make up a small fraction of the thousands of potential cases flagged to authorities.’

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The Independent, 9th August 2018

Source: www.independent.co.uk

Rochdale grooming gang members face deportation after losing appeal – Daily Telegraph

Posted August 9th, 2018 in child abuse, citizenship, deportation, news, sexual grooming by sally

‘Three members of the Rochdale grooming gang have been stripped of their British citizenship and face deportation as a Judge said it is for the “public good” that they return to Pakistan.’

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Daily Telegraph, 8th August 2018

Source: www.telegraph.co.uk

Civil service unions start legal case after government fails to consult on pay – The Guardian

‘Civil service unions are seeking a judicial review over the government’s failure to consult on pay. Three unions, representing 200,000 public employees, have accused ministers of never intending to consult staff before offering a new pay cap of 1.5%.’

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The Guardian, 8th August 2018

Source: www.theguardian.com

Nurse who set himself on fire outside Kensington Palace after losing job was ‘treated unfairly’, report finds – The Independent

Posted August 9th, 2018 in disciplinary procedures, dismissal, news, nurses, suicide by sally

‘A nurse who burnt himself to death outside Kensington Palace after losing his job was “treated unfairly”, an independent report has found.’

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The Independent, 9th August 2018

Source: www.independent.co.uk

The International Dimension of the Proceeds of Crime Act 2002 – Drystone Chambers

Posted August 9th, 2018 in foreign jurisdictions, news, proceeds of crime by sally

‘Organised crime is an international business. Assets are not kept in one country but moved rapidly from one jurisdiction to another. Stopping this flow of money is crucial to the international effort to curb the effect of organised crime in every jurisdiction. This can only be done by better regulation, prosecution of criminal matters and the use of non-conviction based asset recovery. This has been recognised in recent times both nationally and internationally.’

Full Story

Drystone Chambers, July 2018

Source: drystone.com

Learn for Free: Law Courses & Lectures Online

Posted August 9th, 2018 in legal education, news by sally

We have curated a list of over 250 free legal education resources, including MOOCs, courseware, lecture collections and podcasts, covering a range of topics and jurisdictions.

We are still adding to this list. If you have any suggestions for inclusion please contact smclaren@innertemple.org.uk

Peter Ball – legislation, then and now (I) – Law & Religion UK

Posted August 8th, 2018 in child abuse, clergy, inquiries, news, sexual offences by sally

‘The public hearing of the Independent Inquiry Child Sexual Abuse (IICSA) into the Peter Ball case study took place 23-27 July 2018; the IICSA investigated inter alia whether there were inappropriate attempts by people of prominence to interfere in the criminal justice process after he was first accused of child sexual offences. The transcripts of the proceedings and other documents are available here.

The hearing of this case study followed the earlier IICSA consideration of the experience of the Diocese of Chichester, 5-23 March 2018, where there had been multiple allegations of sexual abuse, and numerous investigations and reviews. Peter Ball was Bishop of Lewes from 1977 to 1992 and was translated to Gloucester in 1992, but resigned from his position in 1993 after admitting to an act of gross indecency with a 19-year-old man and accepting a formal police caution.’

Full Story

Law & Religion UK, 8th August 2018

Source: www.lawandreligionuk.com

The pitfalls of bespoke ADR clauses – Practical Law: Construction Blog

Posted August 8th, 2018 in construction industry, dispute resolution, news by sally

‘For the first time in quite a while I am in the enviable position of having more than one adjudication enforcement case to choose to write about this week. In the end I plumped for Beach Homes v Hazell and Hazell as it raises some interesting points about bespoke dispute resolution clauses. It is a judgment of Mr Jonathan Acton Davis QC, one of the army of Deputy High Court judges currently sitting in the TCC.’

Full Story

Practical Law: Construction Blog, 7th August 2018

Source: constructionblog.practicallaw.com

The Mau Mau litigation: fear is not a personal injury – UK Human Rights Blog

Posted August 8th, 2018 in colonies, Kenya, limitations, news, personal injuries, torture by sally

‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.

Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’

Full Story

UK Human Rights Blog, 7th August 2018

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted August 8th, 2018 in law reports by sally

High Court (Administrative Court)

Christchurch Borough Council, R (On the Application Of) v Secretary of State for Housing Communities and Local Government [2018] EWHC 2126 (Admin) (07 August 2018)

Source: www.bailii.org

QCs should keep title unless disbarred, Bar Council says – Legal Futures

Posted August 8th, 2018 in barristers, disciplinary procedures, news, queen's counsel by sally

‘QCs should not lose their designation unless they are excluded from the profession and even then not automatically, the Bar Council has said.’

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Legal Futures, 8th August 2018

Source: www.legalfutures.co.uk

Does Akhter v Khan mean that English Law now recognises Shariah marriages? – Family Law

Posted August 8th, 2018 in divorce, marriage, news by sally

‘At first glance, it might appear from the reported case of Akhter v Khan [2018] EWFC 54 that we have now finally arrived at the stage where English civil law has recognised an Islamic marriage (Nikah) which has been performed in England and Wales.’

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Family Law, 7th August 2018

Source: www.familylaw.co.uk

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way’ – Courts and Tribunals Judiciary

Posted August 8th, 2018 in courts, judiciary, speeches, tribunals by sally

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way.’

Full speech

Courts and Tribunals Judiciary, 7th August 2018

Source: www.judiciary.gov