There’s still no end in sight, says ‘winning’ husband in Mills v Mills – Law Society’s Gazette

Posted July 20th, 2018 in divorce, news, periodical payments, Supreme Court by sally

‘The “meal ticket” phrase has long been loathed by family law specialists who see it as lazy journalism to describe a complex and nuanced area of their practice. But there was little comfort from this week’s Supreme Court ruling in Mills v Mills, trailed as the case that might do away with periodical payments for good.’

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Law Society's Gazette, 20th July 2018

Source: www.lawgazette.co.uk

Woman awarded £100k after husband’s death mid-divorce – BBC News

Posted July 20th, 2018 in damages, divorce, financial provision, news, road traffic offences by sally

‘A woman whose husband was killed in the midst of the pair’s divorce has been awarded more than £100,000 in damages. Cathryn Craven brought a £676,985 claim against driver Terry Davies, who ploughed into Jayson, 48, in June 2014. She had argued there was a chance of reconciliation, while Davies’ lawyers had said the marriage was doomed.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Radical proposal to make escaping ‘leasehold trap’ easier for homeowners raised by Law Commission – The Independent

Posted July 20th, 2018 in enfranchisement, Law Commission, leases, news, reports by sally

‘A radical proposal to make it easier and cheaper for homeowners to escape the so-called “leasehold trap” and buy the freehold of their houses has been put forward by the Law Commission.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

Parents set to lose right to veto sex education at age 15 – BBC News

Posted July 20th, 2018 in age of consent, news, parental rights, school children, veto by sally

‘The government plans to let 15-year-olds overrule their parents’ wishes and opt in to sex education lessons they have previously been withdrawn from.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Ex-traders handed 13-year jail sentence for Euribor rate-rigging – Daily Telegraph

Posted July 20th, 2018 in banking, fraud, news, sentencing by sally

‘Two former traders have been jailed for more than 13 years for trying to rig a key financial benchmark at the height of the financial crisis.’

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Daily Telegraph, 19th July 2018

Source: www.telegraph.co.uk

Moped mugger who stabbed man to death for his Rolex jailed for life – The Independent

Posted July 20th, 2018 in murder, news, robbery, sentencing by sally

‘A murderer who stabbed a father to death while trying to steal his Rolex watch has been jailed for a minimum of 35 years.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

Windrush scandal: Compensation could be capped under proposed scheme – BBC News

Posted July 20th, 2018 in citizenship, colonies, compensation, immigration, news by sally

‘Compensation promised to the victims of the Windrush scandal could be capped under government proposals. Launching a 12-week consultation on a compensation scheme, the Home Office said a cap would ensure no-one got a “disproportionately high payment”.’

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BBC News, 19th July 2018

Source: www.bbc.co.uk

Plans to close courts across the UK could see suspects failing to turn up for hearings, report warns – Daily Telegraph

‘Plans to close courts across the UK could see suspects failing to turn up for hearings, the public accounts committee has warned.’

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Daily Telegraph, 20th July 2018

Source: www.telegraph.co.uk

Director of public prosecutions criticised for ‘insufficient leadership’ over failings that saw evidence withheld from defence lawyers – The Independent

Posted July 20th, 2018 in Crown Prosecution Service, disclosure, evidence, news by sally

‘Weak leadership by the director of public prosecutions failed to tackle failings that led to innocent people to be wrongly imprisoned, MPs have found.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

DNA tests on asylum seekers dubious in law, Home Office admits – The Guardian

Posted July 20th, 2018 in asylum, children, DNA, families, news by sally

‘Asylum seekers who were subjected to DNA swabs to prove their origins may be able to sue the government after the Home Office admitted the lawful basis for taking those samples was “dubious”.’

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The Guardian, 19th July 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 19th, 2018 in law reports by sally

Supreme Court

Williams & Anor v London Borough of Hackney [2018] UKSC 37 (18 July 2018)

Mills v Mills [2018] UKSC 38 (18 July 2018)

Court of Appeal (Civil Division)

Al Jaber & Anor v Al Ibrahim & Anor [2018] EWCA Civ 1690 (18 July 2018)

Karia v The Secretary of State for the Home Department [2018] EWCA Civ 1673 (18 July 2018)

Rees & Ors v Commissioner of Police for the Metropolis [2018] EWCA Civ 1699 (18 July 2018)

High Court (Administrative Court)

CEG Land Promotions II Ltd v Secretary of State for Housing Communities And Local Government [2018] EWHC 1799 (Admin) (18 July 2018)

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018)

High Court (Chancery Division)

Richard v The British Broadcasting Corporation (BBC) & Anor [2018] EWHC 1837 (Ch) (18 July 2018)

The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2018] EWHC 1828 (Ch) (18 July 2018)

Dondore Incorporated & Anor v Fetaimia & Anor [2018] EWHC 1832 (Ch) (18 July 2018)

High Court (Family Division)

ABCDE, Re [2018] EWHC 1841 (Fam) (16 July 2018)

High Court (Technology and Construction Court)

Moore & Anor v National Westminster Bank [2018] EWHC 1805 (TCC) (17 July 2018)

Source: www.bailii.org

Government seeks views on legal aid for inquests – Ministry of Justice

Posted July 19th, 2018 in consultations, inquests, legal aid, legal representation, press releases by sally

‘Justice Minister Lucy Frazer today announced the launch of a call for evidence to consider the need for legal representation during inquests.’

Full press release

Ministry of Justice, 19th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by sally

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

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Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by sally

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

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Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

Leasehold law set for radical reform – Law Commission

Posted July 19th, 2018 in housing, Law Commission, leases, press releases by sally

‘Radical new proposals to provide a fairer deal for leasehold homeowners have been announced by the Law Commission. Following hot on the heels of plans by the Government to ban the sale of houses on a leasehold basis, the independent legal body is outlining a range of measures to help existing leasehold homeowners buy the freehold of their houses.’

Full press release

Law Commission, 19th July 2018

Source: www.lawcom.gov.uk/

Applying to commit for breach of a child arrangements order – Family Law

‘Family analysis: Sarah Keily, partner at Thomson Snell & Passmore in Tunbridge Wells, discusses the decision in CH v CT [2018] EWHC 1310 (Fam), [2018] All ER (D) 03 (Jul), which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.’

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Family Law, 19th July 2018

Source: www.familylaw.co.uk

Group jailed for 47 years after £450,000 maternity payment scam – Crown Prosecution Service

Posted July 19th, 2018 in benefits, conspiracy, fraud, press releases, sentencing, social security by sally

‘Twelve people who plotted to claim more than £450,000 in maternity payments for babies which did not exist have been jailed for 47 years today (18 July). The defendants, who included members of the same family and their partners and friends, made at least 158 fraudulent applications for maternity allowance over the course of 52 months.’

Full press release

Crown Prosecution Service, 18th July 2018

Source: www.cps.gov.uk

Bar Council launches LASPO: 5 years on survey – The Bar Council

Posted July 19th, 2018 in barristers, consultations, legal aid, legislation, press releases, sentencing by sally

‘The Government has now commenced a Post-Implementation Review of Part 1 of LASPO and subordinate legislation. As part of its response, the Bar Council is conducting another survey of the Family and Civil Bar. Your answers will form a central part of its submissions to Post-Implementation Review.’

Full press release

The Bar Council, 19th July 2018

Source: www.barcouncil.org.uk

Offenders ‘not getting support they need’ due to decline in pre-sentence reports – Law Society’s Gazette

Posted July 19th, 2018 in community service, criminal justice, news, reports, sentencing by sally

‘Fewer pre-sentence reports (PSR) may be linked to the worrying decline in community sentences in England and Wales, according to interim analysis conducted by a justice thinktank. The Centre for Justice Innovation says community sentences are significantly more effective than short-term custodial sentences to reduce reoffending – a key priority for justice secretary David Gauke. However, community sentences have fallen in England, in contrast to other UK jurisdictions.’

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Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk

CoA refuses costs ‘carte blanche’ to cases with multiple defendants – Law Society’s Gazette

Posted July 19th, 2018 in appeals, costs, news by sally

‘The Court of Appeal has made clear it will not grant costs favours to claimants bringing proceedings against multiple defendants.’

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Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk