Against their will? – New Law Journal
‘Constance McDonnell uncovers a surprising scenario in the area of probate law.’
New Law Journal, 20th July 2018
Source: www.newlawjournal.co.uk
Judge takes over father’s cross-examination in case involving rape allegations – and it ends up being unfair on everyone involved – Transparency Project
‘Mr Justice Hayden is a High Court Judge who has been very outspoken about the potential for the court process to be abusive of those who are already victims of domestic abuse. In a case called Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam), having permitted the unrepresented father to directly question the mother (albeit with special measures in place so they didn’t have to confront each other by line of sight) he memorably said ‘Never again’. Hayden J said it was ‘a stain on the reputation of our Family Justice system that a Judge can still not prevent a victim being cross examined by an alleged perpetrator’. Today he has published an appeal judgment overturning a fact-finding decision in a case where another judge tried to cross examine the mother on behalf of the father accused of rape because (Hayden J said) the process was unfair and the decision unsound. The full judgment can be read here : PS v BP [2018] EWHC 1987 (Fam) (27 July 2018), but this blog post explains it.’
Transparency Project, 30th July 2018
Source: www.transparencyproject.org.uk
Court allows police to reveal acquittals during record checks – The Guardian
‘Police forces can reveal whether individuals have been acquitted of criminal charges when issuing information for enhanced record checks, the supreme court has ruled.’
The Guardian, 30th July 2018
Source: www.theguardian.com
The rise of private FDRs – Family Law
‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’
Family Law, 30th July 2018
Source: www.familylaw.co.uk
999 calls: When do assurances of help give rise to a duty of care? – UK Police Law Blog
‘The working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. The judgment in Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) demonstrates that a more careful analysis is required. In this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care.’
UK Police Law Blog, 27th July 2018
Source: ukpolicelawblog.com
Video hearings “will not supplant” face-to-face, says HMCTS – Legal Futures
‘Video hearings will not supplant face-to-face hearings in the majority of cases before the courts, even after their use is expanded, the deputy director of HM Courts and Tribunals Service (HMCTS) has predicted.’
Legal Futures, 31st July 2018
Source: www.legalfutures.co.uk
Capacity in the context of Prader-Willi syndrome – Family Law
‘Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome, a rare genetic disorder which causes a range of physical, learning and behavioural difficulties.’
Family Law, 30th July 2018
Source: www.familylaw.co.uk
UK loan-based crowdfunding platforms face tighter regulation – OUT-LAW.com
‘The largest loan-based crowdfunding platforms operating in the UK could be required to establish “an independent compliance function” and “independent risk and internal audit functions”, according to new rules proposed by the Financial Conduct Authority (FCA).’
OUT-LAW.com, 31st July 2018
Source: www.out-law.com
UK couple jailed after trying to force daughter to marry – The Guardian
‘A couple who tricked their teenage daughter into travelling to Bangladesh in an attempt to force her to marry her first cousin have been jailed.’
The Guardian, 30th July 2018
Source: www.theguardian.com
Byron Karemba: Brexit, the Reference Jurisdiction of the UKSC and the New Separation of Powers – UK Constitutional Law Association
‘When the UKSC was created, there was great emphasis by the architects of the Court that it would largely assume the same constitutional position and functions as the Appellate Committee of the House of Lords.’
UK Constitutional Law Association, 30th July 2018
Source: ukconstitutionallaw.org
Consultation on new offence of intimidating Parliamentary candidates and campaigners – Local Government Lawyer
‘The government has launched a consultation on the introduction of a new offence in electoral law of intimidating Parliamentary candidates and party campaigners.’
Local Government Lawyer, 30th July 2018
Source: www.localgovernmentlawyer.co.uk
Crackdown on divorcing parents who ‘alienate’ children from former partners – Family Law
‘Parents could have access to their children restricted if they try to turn them against their child’s other parent, under a trial process about to be rolled out by Cafcass, the Children and Family Court Advisory and Support Service.’
Family Law, 30th July 2018
Source: www.familylaw.co.uk
Grenfell Tower: Sentences for gross negligence manslaughter could increase after investigation into deadly fire – The Independent
‘Sentences for gross negligence manslaughter, which is being considered by investigators looking into the Grenfell Tower fire, could be increased under new advice given to judges.’
The Independent, 31st July 2018
Source: www.independent.co.uk
Garden Bridge backers ‘may have breached legal duties’ – The Guardian
‘The trustees of London’s garden bridge, including actor Joanna Lumley and the former Labour minister Lord Davies, could have breached their legal duties over the failed project, that cost taxpayers more than £40m, according to a leading lawyer.’
The Guardian, 31st July 2018
Source: www.theguardian.com
Ep. 40: How AI and algorithms impact on regulation and adjudication – Law Pod UK
‘Law and Political Science Professor Cary Coglianese from the University of Pennsylvania, and David Lehr, a research affiliate at the Penn Program on Regulation and a student at Yale Law School, join Rosalind English to speculate on how algorithms and artificial intelligence will impact on regulation and adjudication now and in the future.’
Law Pod UK, 27th July 2018
Source: audioboom.com
James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association
‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’
UK Constitutional Law Association, 26th July 2018
Source: ukconstitutionallaw.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 1776 (27 July 2018)
Deutsche Bank AG v Comune Di Savona [2018] EWCA Civ 1740 (27 July 2018)
High Court (Administrative Court)
Locke, R (On the Application Of) v Revenue And Customs [2018] EWHC 1967 (Admin) (27 July 2018)
High Court (Chancery Division)
Various Claimants v Scott Fowler Solicitors (a firm) & Ors [2018] EWHC 1891 (Ch) (27 July 2018)
Lehman Brothers International (Europe), Re [2018] EWHC 1980 (Ch) (27 July 2018)
High Court (Commercial Court)
Sodzawiczny v Ruhan & Ors [2018] EWHC 1908 (Comm) (26 July 2018)
High Court (Family Division)
PS v BP [2018] EWHC 1987 (Fam) (27 July 2018)
A (Relinquished Baby: Risk of Domestic Abuse) [2018] EWHC 1981 (Fam) (27 July 2018)
High Court (Queen’s Bench Division)
Bright v Bourn [2018] EWHC 1948 (QB) (27 July 2018)
Sube & Anor v News Group Newspapers Ltd & Anor [2018] EWHC 1961 (QB) (27 July 2018)
High Court (Technology and Construction Court)
Source: www.bailii.org
New balance of probabilities test for suicide verdict – Owain Thomas QC – UK Human Rights Blog
‘The received wisdom, supported by all leading texts on coroner’s law is that in order for a Coroner or jury to return a verdict of suicide in an inquest, the fact that the deceased deliberately took his own life must be established beyond a reasonable doubt, or in other words, to the criminal standard of proof.’
UK Human Rights Blog, 28th July 2018
Source: ukhumanrightsblog.com
Disability Discrimination and Proportionality in Possession Proceedings – Zenith PI Blog
‘Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712.’
Zenith PI Blog, 27th July 2018
Source: zenithpi.wordpress.com
