The use of testing for drugs and alcohol in FDAC – Family Law

Posted January 10th, 2018 in alcohol abuse, care orders, drug abuse, families, family courts, forensic science, news, social services by sally

‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’

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Family Law, 9th January 2018

Source: www.familylaw.co.uk

EVENT: LSE – Lessons from Grenfell Tower: inequality and housing need, the Giant that still divides us

Posted January 10th, 2018 in Forthcoming events by sally

‘The crucially important role of social housing has been recognised following the Grenfell Tower disaster, which also laid bare the disconnect between the ‘elites’ and the most disadvantaged in society.This event explores the link between inequality and housing, evidenced by the growing demand for low cost rented housing among those on the very lowest incomes. Unless the voices of communities and residents are heard and taken seriously, there is a risk that gaps in society will widen even further.’

Date: 23rd February 2018, 6.30-7.30pm

Location: Sheikh Zayed Theatre, New Academic Building, London School of Economics

Charge: Free, see website for details

More information can be found here.

Data protection bill amended to protect security researchers – The Guardian

Posted January 10th, 2018 in anonymity, bills, data protection, internet, news by sally

‘The government is to amend the data protection bill to protect security researchers who work to uncover abuses of personal data, quelling fears that the bill could accidentally criminalise legitimate research.’

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The Guardian, 9th January 2018

Source: www.theguardian.com

Privacy, the common law and a celebrity divorce – Transparency Project

Posted January 10th, 2018 in divorce, family courts, media, news, privacy by sally

‘Under the headline ‘Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents’ the Transparency Project reported last week-end that the Press were complaining a London court had ‘blocked the release of papers that would normally be made public and he has not given a reason why’. The Daily Mail, TP said, had complained: ‘A judge has thrown a blanket of secrecy over the’ couple’s divorce.’

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Transparency Project, 9th January 2018

Source: www.transparencyproject.org.uk

High Court judge criticises “very serious defects” in housing decision letter – Local Government Lawyer

Posted January 10th, 2018 in children, disabled persons, housing, local government, news by sally

‘A decision letter sent by the London Borough of Hillingdon to an applicant for housing “suffers from very serious defects”, Nicklin J has said in the High Court.’

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Local Government Lawyer, 10th January 2018

Source: www.localgovernmentlawyer.co.uk

SDT issues mental health warning to employers in case of solicitor under billing pressure – Legal Futures

Posted January 10th, 2018 in forgery, mental health, news, professional conduct, solicitors, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has decided against striking off a solicitor it found had forged correspondence and lied to both her client and her employer, after finding that a root cause of her misconduct was the firm’s culture and the pressure it exerted on her to meet billing targets.’

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Legal Futures, 10th January 2018

Source: www.legalfutures.co.uk

Brexit bill may have broken international environment law, says UN – The Guardian

Posted January 10th, 2018 in bills, brexit, consultations, EC law, environmental protection, international law, news by sally

‘The British government may have breached a major “environmental democracy” law by failing to consult the public when drawing up Brexit legislation.’

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The Guardian, 9th January 2018

Source: www.theguardian.com

Council mulls consultation on public space protection order to protect health clinic – Local Government Lawyer

Posted January 10th, 2018 in abortion, consultations, harassment, local government, news, public spaces protection orders by sally

‘The Cabinet at the London Borough of Ealing will next week (16 January) consider whether to authorise a consultation on a possible Public Spaces Protection Order (PSPO) around a Marie Stopes clinic.’

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Local Government Lawyer, 9th January 2018

Source: www.localgovernmentlawyer.co.uk

Plastic bag charge: 5p levy could be extended in England – BBC News

Posted January 10th, 2018 in environmental protection, news by sally

‘The 5p charge for plastic bags in large shops in England could be extended to cover nearly all retailers, as part of government plans for the environment.’

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BBC News, 10th January 2018

Source: www.bbc.co.uk

Why has serial offender Terry Ellis swapped a life of crime to go straight? – The Guardian

Posted January 10th, 2018 in news, prisons, recidivists, rehabilitation by sally

‘A stint at the UK’s only therapeutic prison, Grendon, put this criminal in touch with his feelings. It’s allowed him to set up a business to help others leaving jail.’

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The Guardian, 9th January 2018

Source: www.theguardian.com

Ryan v Villarosa [2017] UKUT 466 (LC) – Tanfield Chambers

Posted January 9th, 2018 in landlord & tenant, leases, news, repairs, tribunals by sally

‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’

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Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC) – Tanfield Chambers

Posted January 9th, 2018 in appeals, costs, landlord & tenant, news, service charges, tribunals by sally

‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’

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Tanfield Chambers, 8th January 2018

Source: www.tanfieldchambers.co.uk

Data Breaches, Vicarious Liability of Employers & the Impact on the Insurance Industry – Six Pump Court

Posted January 9th, 2018 in data protection, employment, insurance, news by sally

‘The recent judgment in the Morrisons case Various Claimants and WM Morrisons Supermarket PLC concerning the vicariously liability of employers for the actions of employees involved in breaches of data is potentially highly significant for the insurance industry – both for the insurer and the insured.’

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Six Pump Court, 8th January 2018

Source: www.6pumpcourt.co.uk

Must the family be told? Genetic information and liability for non-disclosure to relatives – 1 Crown Office Row

Posted January 9th, 2018 in disclosure, families, health, hospitals, human rights, news by sally

‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’

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1 Crown Office Row, 9th January 2018

Source: www.1cor.com

Gilham v Ministry of Justice: Court of Appeal Rules That Judges Are Not ‘Workers’ – Old Square Chambers

Posted January 9th, 2018 in appeals, employment, human rights, judges, judiciary, news, whistleblowers by sally

‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’

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Old Square Chambers, 3rd January 2018

Source: www.oldsquare.co.uk

Exploring “Reasonable Financial Provision” – Lewis v Warner – Hardwicke Chambers

Posted January 9th, 2018 in appeals, cohabitation, financial provision, news, succession by sally

‘On 19th December 2017, the Court of Appeal handed down judgment in the case of Lynn Lewis v Thomas Warner [2017] EWCA 2182 (Civ). The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the amended s1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975 (‘the Act’) had reached the Court of Appeal.’

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Hardwicke Chambers, 5th January 2018

Source: www.hardwicke.co.uk

Professional negligence round up: what were the key areas of development in 2017 and what are the battlegrounds for the future? – 4 New Square

Posted January 9th, 2018 in fees, negligence, news, solicitors by sally

‘2017 was a particularly significant year for professional liability cases, with a handful of problematic areas of the law receiving repeated consideration by the courts. Below we set out our thoughts on how the law has changed or been reaffirmed in these areas, explain whether there have been any discernible shifts in policy and identify further points ripe for dispute and development in 2018.’

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4 New Square, 4th January 2018

Source: www.4newsquare.com

Changes to domestic violence evidence requirements come into effect – Ministry of Justice

Posted January 9th, 2018 in bills, domestic violence, evidence, news, time limits by sally

‘From today (8 January 2018), victims of domestic violence will get more support in taking abusive former partners to court.’

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Ministry of Justice, 8th January 2018

Source: www.gov.uk

Family law: plus ça change? – New Law Journal

Posted January 9th, 2018 in cohabitation, divorce, financial provision, news by sally

‘Reform is a constant feature of the family justice system—Geraldine Morris questions whether the underlying issues are being addressed.’

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New Law Journal, 5th January 2018

Source: www.newlawjournal.co.uk

Michal Hain: Past is Prologue – The Role of History in the Law of Equality – UK Constitutional Law Association

Posted January 9th, 2018 in appeals, civil partnerships, equality, marriage, news by sally

‘The legal institution whereby couples express their mutual commitment, which is recognised, protected and regulated by the state – marriage – touches the most intimate parts of people’s lives. Its recent transformation raised profound questions of personal morality, human dignity, and religious doctrine. As the tide of public opinion turned, Parliament repealed section 28 of the Local Government Act 1988 (which had prohibited the “promot[ion] of homosexuality” and the “teaching in any maintained school the acceptability of homosexuality”) in 2003, passed the Civil Partnerships Act the following year, and enacted the Marriage (Same Sex Couples) Act in 2013. The result is that same-sex couples can currently choose between entering a civil partnership or marriage, whereas different-sex couples cannot.’

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UK Constitutional Law Association, 9th January 2018

Source: ukconstitutionallaw.org