Guidance on Financial Needs on Divorce: Edition 2 – April 2018 – Courts and Tribunals Judiciary

Posted April 26th, 2018 in divorce, family courts, financial provision, news by sally

‘The FJC has now published the second edition of this useful guide for the family judiciary, courts and legal advisers. Since the publication of the first edition in June 2016, the guidance has established itself as an invaluable tool in relation to the making of orders to meet financial needs following divorce and the dissolution of civil partnerships.’

Full guide

Courts and Tribunals Judiciary, 26th April 2018

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted April 26th, 2018 in law reports by sally

Court of Appeal (Civil Division)

M-A (A Child), Re [2018] EWCA Civ 896 (25 April 2018)

Armstrong v Ashfield District Council [2018] EWCA Civ 873 (25 April 2018)

Parveen v The Secretary of State for the Home Department [2018] EWCA Civ 932 (25 April 2018)

Goring-On-Thames Parish Council, R (on the application of) v South Oxfordshire District Council & Anor [2018] EWCA Civ 860 (25 April 2018)

High Court (Administrative Court)

Evans, R (On the Application Of) v Cheshire Constabulary [2018] EWHC 952 (Admin) (25 April 2018)

Charlesworth, R (on the application of) v Crossrail Ltd & Anor [2018] EWHC 915 (Admin) (25 April 2018)

High Court (Family Division)

Alder Hey Children’s NHS Foundation Trust v Evans & Anor [2018] EWHC 953 (Fam) (24 April 2018)

Source: www.bailii.org

Legal aid strike: Solicitors “should help clients represent themselves” if they can’t find barrister, says SRA – Legal Futures

Posted April 26th, 2018 in barristers, fees, industrial action, legal aid, litigants in person, news, solicitors by sally

‘Criminal law solicitors unable to find a barrister because of their protest over legal aid fees “may need to assist the client to represent themselves as best they can” if the court will not grant an adjournment, the Solicitors Regulation Authority (SRA) has warned.’

Full Story

Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

Senior partner who bungled hearing loss claims and lied to the court is struck off – Litigation Futures

Posted April 26th, 2018 in costs, disciplinary procedures, disqualification, news, professional conduct, solicitors, striking out, tribunals by sally

‘The senior partner of a personal injury firm who bungled 37 noise-induced hearing loss (NIHL) claims and lied to the court has been struck off by the Solicitors Disciplinary Tribunal (SDT).’

Full Story

Litigation Futures, 25th April 2018

Source: www.litigationfutures.com

Thomas Orchard custody death: Police force charged – BBC News

Posted April 26th, 2018 in corporate manslaughter, death in custody, health & safety, news, police by sally

‘A police force has been charged over the death of a man in custody.’

Full Story

BBC News, 24th April 2018

Source: www.bbc.co.uk

Child abuse inquiry: Institutions need change of culture – interim report – BBC News

Posted April 26th, 2018 in child abuse, inquiries, news, reports, sexual offences by sally

‘A “change in culture” is needed within institutions and government if children are to be properly safeguarded, an interim report by the independent child sexual abuse inquiry has said.’

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BBC News, 25th April 2018

Source: www.bbc.co.uk

IPSO finds against Telegraph over publication of child’s image – Daily Telegraph

Posted April 26th, 2018 in children, codes of practice, media, news, photography, privacy, public interest by sally

‘Eloise Dixon complained to the Independent Press Standards Organisation that the Daily Telegraph breached Clause 6 (Children) of the Editors’ Code of Practice in an article headlined “British tourist shot in favela in Rio ‘too scared’ to speak to police”, published on 9 August 2017.’

Full Story

Daily Telegraph, 26th April 2018

Source: www.telegraph.co.uk

SDT criticises solicitor for “misleading” evidence on husband’s £80,000 investment in firm – Legal Futures

Posted April 26th, 2018 in costs, disciplinary procedures, evidence, fees, misrepresentation, news, professional conduct, solicitors, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has strongly criticised a solicitor who gave “misleading” evidence on her husband’s £80,000 investment in a personal injury firm, which it said encouraged her to pay banned referral fees.’

Full Story

Legal Futures, 26th April 2018

Source: www.legalfutures.co.uk

Shiney Row burning body murder pair get whole-life jail terms – BBC News

Posted April 26th, 2018 in murder, news, rape, sentencing by sally

‘Two killers who went on to torture and set fire to a Vietnamese woman have been given whole-life jail terms.’

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BBC News, 25th April 2018

Source: www.bbc.co.uk

Waggott v Waggott: in support of the clean break – Family Law

Posted April 26th, 2018 in appeals, divorce, financial provision, news, periodical payments by sally

‘The case of Waggott v Waggott [2018] EWCA Civ 727 is being hailed by some as the end to the ‘meal ticket’, but the decision in respect of periodical payments is perhaps not surprising, there are few cases these days where a ‘joint lives’ order is the eventual outcome.’

Full Story

Family Law, 25th April 2018

Source: www.familylaw.co.uk

Councillor facing trial for destroying dog poo records – Daily Telegraph

Posted April 26th, 2018 in disclosure, documents, dogs, freedom of information, local government, news by sally

‘A councillor is facing trial for destroying records about a system to catch fouling dog owners in what is believed to be the first case of its kind.’

Full Story

Daily Telegraph, 25th April 2018

Source: www.telegraph.co.uk

Fake bomb detector seller James McCormick jailed again – BBC News

Posted April 26th, 2018 in confiscation, debts, fraud, news, sentencing by sally

‘A fraudster jailed for selling fake bomb detectors to war-torn countries has received two more years in prison for failing to pay back nearly £2m.’

Full Story

BBC News, 25th April 2018

Source: www.bbc.co.uk

Divorce blame game leads to futile court battles, new study finds – The Guardian

Posted April 26th, 2018 in divorce, families, news, reports by sally

‘The lack of no-fault divorce in England and Wales is forcing separating couples into unnecessary and unsuccessful courtroom battles to establish who caused the breakdown, according to a report by the Nuffield Foundation.’

Full Story

The Guardian, 26th April 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 25th, 2018 in legislation by sally

The Tribunal Procedure (Amendment) Rules 2018

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2018

The Double Taxation Relief and International Tax Enforcement (Kyrgyzstan) Order 2018

The European Union (Definition of Treaties) (Work in Fishing Convention) Order 2018

The Armed Forces Act (Continuation) Order 2018

The International Tax Enforcement (Bermuda) Order 2018

The Pharmacy (Premises Standards, Information Obligations, etc.) Order 2016 (Commencement) (England, Wales and Scotland) Order of Council 2018

The Plant Health etc. (Fees) (England) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 25th, 2018 in law reports by sally

Supreme Court

Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC 22 (25 April 2018)

Court of Appeal (Civil Division)

Ryanair Ltd v Secretary of State for the Home Department [2018] EWCA Civ 899 (24 April 2018)

Khrapunov v JSC BTA Bank [2018] EWCA Civ 819 (24 April 2018)

Ararso v The Secretary of State for the Home Department [2018] EWCA Civ 845 (24 April 2018)

RBRG Trading (UK) Ltd v Sinocore International Co Ltd [2018] EWCA Civ 838 (23 April 2018)

Mohamed & Ors v Abdelmamoud & Anor [2018] EWCA Civ 879 (23 April 2018)

Court of Appeal (Criminal Division)

Cole, R v [2018] EWCA Crim 888 (24 April 2018)

High Court (Chancery Division)

Lomas & Ors v Burlington Loan Management Ltd & Ors [2018] EWHC 924 (Ch) (24 April 2018)

Perkins v Nieuwenhuizen [2018] EWHC 918 (Ch) (24 April 2018)

Watson & Anor v Eyre [2018] EWHC 500 (Ch) (24 April 2018)

High Court (Commercial Court)

Dreymoor Fertilisers Overseas PTE Ltd v Eurochem Trading GmbH [2018] EWHC 909 (Comm) (24 April 2018)

Glencore Energy UK Ltd v OMV Supply & Trading Ltd [2018] EWHC 895 (Comm) (23 April 2018)

Engelhart CTP (US) LLC v Lloyd’s Syndicate 1221 for the 2014 Year of Account & 6 Ors [2018] EWHC 900 (Comm) (23 April 2018)

IMS SA & Ors v Capital Oil & Gas Industries Ltd [2018] EWHC 894 (Comm) (23 April 2018)

High Court (Patents Court)

Anan Kasei Co. Ltd & Anor v Molycorp Chemicals & Oxides (Europe) Ltd [2018] EWHC 843 (Pat) (23 April 2018)

High Court (Technology and Construction Court)

Wheeldon Brothers Waste Ltd v Millenium Insurance Company Ltd [2018] EWHC 834 (TCC) (19 April 2018)

Source: www.bailii.org

Ellie Butler report warns of further deaths unless failures put right – The Guardian

Posted April 25th, 2018 in child abuse, domestic violence, murder, news, reports, social services by sally

‘Deaths like that of six-year-old Ellie Butler, who was murdered by her father, could keep happening unless failures in child protection are quickly corrected, a report obtained by the Guardian has warned.’

Full Story

The Guardian, 25th April 2018

Source: www.theguardian.com

Analysing the Government response to the review of the law on deprivation of liberty – Family Law

Posted April 25th, 2018 in deprivation of liberty safeguards, Law Commission, news by sally

‘Local Government analysis: On 14 March 2018, the Government’s final response to the Law Commission review of the law on deprivation of liberty was published, which broadly agrees with most of the proposals, and more significantly, agrees to replace the current Deprivation of Liberty Safeguards (DoLS) system. Ben Troke, partner at Browne Jacobson LLP, discusses the Government’s proposals and assesses whether they go far enough, as well as the likely timescales involved in implementing them.’

Full Story

Family Law, 23rd April 2018

Source: www.familylaw.co.uk

SRA appeals “unduly lenient” penalty handed out to solicitor found guilty of sexual assault – Legal Futures

Posted April 25th, 2018 in disciplinary procedures, news, penalties, sexual offences, solicitors by sally

‘The Solicitors Regulation Authority (SRA) is to appeal a tribunal’s decision to suspend a solicitor found guilty of sexual assault as being too lenient, Legal Futures can reveal.’

Full Story

Legal Futures, 25th April 2018

Source: www.legalfutures.co.uk

Arbitrator appointed on multiple related cases was not biased, court finds – OUT-LAW.com

Posted April 25th, 2018 in arbitration, bias, news by sally

‘The English and Welsh Court of Appeal (CoA) has dismissed a claim that an arbitrator who accepted multiple appointments from one party in an arbitration would be biased as a result.’

Full Story

OUT-LAW.com, 24th April 2018

Source: www.out-law.com

Woman divorcing husband when he died claims £675k damages because ‘I still loved him’ – Daily Telegraph

Posted April 25th, 2018 in accidents, damages, divorce, news, road traffic by sally

‘A woman who was divorcing her husband when he died is trying to claim over £675,000 in damages because she claims she still loved him, the High Court has heard.’

Full Story

Daily Telegraph, 24th April 2018

Source: www.telegraph.co.uk