Evidence of children and vulnerable witnesses: Part 1 – Family Law

‘This article (the first of two) considers the evidence of any witness in family proceedings where that evidence diverges from the general procedural rules (as explained below) for evidence in family proceedings.’

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Family Law, 8th December 2017

Source: www.familylaw.co.uk

Stephen Hawking joins lawsuit aimed at foiling Hunt’s NHS shake-up – The Guardian

Posted December 11th, 2017 in budgets, health, judicial review, news by sally

‘Stephen Hawking has reignited his public dispute with Jeremy Hunt by joining a legal action aimed at scuppering an NHS shake-up that he fears will lead to greater privatisation and rationing of resources.’

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The Guardian, 8th December 2017

Source: www.theguardian.com

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

Jail for cleaning fluid attack robbers – BBC News

Posted December 11th, 2017 in grievous bodily harm, hazardous substances, imprisonment, news, robbery, sentencing by sally

‘Two robbers who laughed after spraying women in their faces with cleaning fluid have been jailed for 10 years.’

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BBC News, 8th December 2017

Source: www.bbc.co.uk

Terry Adams pays back £750,000 from proceeds of crime – Daily Telegraph

‘One of London’s most notorious former crime bosses has paid back almost three quarters of a million pounds in ill gotten gains, after being warned he would go back to prison if he failed to pay.’

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Daily Telegraph, 8th December 2017

Source: www.telegraph.co.uk

‘Shocking’ toll of women killed by men renews call for safe spaces – The Guardian

Posted December 11th, 2017 in domestic violence, murder, news, statistics, women by sally

‘Of the 113 women killed by men in England, Wales and Northern Ireland last year, 85 died in their homes, according to the Femicide Census, an annual analysis by the charity Women’s Aid.’

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The Guardian, 10th December 2017

Source: www.theguardian.com

Megan Bannister: Friend calls for ‘duty to help’ law – BBC News

Posted December 11th, 2017 in drug abuse, duty of care, homicide, legislation, medical treatment, news by sally

‘The best friend of a teenager who died after taking drugs has called for a law to oblige people to seek help for someone they know is dangerously ill.’

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BBC News, 11th December 2017

Source: www.bbc.co.uk

More than 30 child protection departments in special measures – The Guardian

Posted December 11th, 2017 in budgets, children, local government, news, social services by sally

‘The children’s services departments of more than 30 councils in England are in special measures, an Observer analysis has revealed.’

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The Guardian, 10th December 2017

Source: www.theguardian.com

Timeshare Contracts & Consumer Regulation – A Brief Introduction by David Partington – Park Square Barristers

Posted December 8th, 2017 in consumer protection, contracts, news, time sharing, unfair contract terms by sally

‘In this article I shall introduce the basics of deploying consumer law to timeshare contracts. Before I do that, I need to recap or explain two matters. One is the central “mischief” of timeshare contracts. The second is the mechanics of such contracts.’

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Park Square Barristers, 29th November 2017

Source: www.parksquarebarristers.co.uk

Royal Mail Ltd v Jhuti – Old Square Chambers

‘This recent judgment of the Court of Appeal resolved two important questions:

1. Where a line manager, who is not involved in the investigatory or disciplinary process, has tainted the evidence supplied to a person deciding whether an employee should be dismissed, and that decision-maker is innocent of any discriminatory motivation, whose knowledge or state of mind is to be attributed to the employer for the purpose of s.103A of the Employment Rights Act 1996 (ERA 1996)?
2. Can an employee recover damages for dismissal consequent on detriment in the whistleblowing context?

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Old Square Chambers, 6th December 2017

Source: www.oldsquare.co.uk

Galilee Commissioner of Police for the Metropolis – Old Square Chambers

‘Is the ET required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’? Not necessarily, according to the judgment of the EAT in Galilee v Commissioner of Police for the Metropolis.’

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Old Square Chambers, 30th November 2017

Source: www.oldsquare.co.uk

Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980 – Hailsham Chambers

Posted December 8th, 2017 in assignment, costs, fees, news, solicitors by sally

‘In a much anticipated decision, the Court of Appeal has held that a pre-LASPO CFA can be transferred from one firm of solicitors to another – even post – LASPO – without losing the right to recover success fees from the defendant. The decision depended highly on policy considerations. It will be welcomed by solicitors who in a wide variety of circumstances have been party to such transfers.’

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Hailsham Chambers, 7th December 2017

Source: www.hailshamschambers.com

Tiuta International Limited (in liquidation) v De Villiers Surveyor s Limited [2017] UKSC 77 – Hailsham Chambers

Posted December 8th, 2017 in loans, negligence, news, Supreme Court, valuation by sally

‘The decision in Tiuta continues the series of recent Supreme Court decisions that make for essential reading among professional liability practitioners.’

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Hailsham Chambers, 29th November 2017

Source: www.hailshamchambers.com

Retained Worker Status: When Does an EEA Student Remain a Worker for the Purposes of the EEA Regulations? – Drystone Chambers

Posted December 8th, 2017 in civil partnerships, EC law, education, immigration, news by sally

‘I was recently instructed by Sterling & Law LLP in an EEA appeal against the refusal of permanent residence. The Appellant was a non-EEA national in a civil partnership with her wife, an EEA national. The Appellant sought to establish that she was entitled to permanent residence having lived in the UK in accordance with the EEA Regulations for five years.’

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Drystone Chambers, 1st December 2017

Source: drystone.com

Reinforcing the Veil – Defending Cases Where the Corporate Veil is Threatened – Drystone Chambers

Posted December 8th, 2017 in company directors, company law, confiscation, corporate veil, news, Supreme Court by sally

‘“The corporate veil” is a much discussed, but much misunderstood phrase. When Lord Halsbury LC stated in Salomon v A Salomon and Co Ltd [1897] AC 22 that a limited liability company was to be viewed ‘like any other independent person with its rights and liabilities appropriate to itself’ he imbedded in law the idea of corporations having a separate legal identity from their directors. That principle is agreed. What has been in dispute, and is still uncertain to a degree, is when that separation can be made. ‘

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Drystone Chambers, 4th December 2017

Source: drystone.com

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘A procedure has been established by the courts to enable the authorisation of the deprivation of liberty of an individual over the age of 16 who lacks capacity to consent to their confinement. This procedure, usually called the Re X procedure after the decision of Re X and others (Deprivation of Liberty) [2014] EWCOP 25 (and No 2 [2014] EWCOP 37), can be used in any setting where the DOLS authorisation procedure in Schedule A1 to the MCA 2005 cannot be used, and also where the person is between the age of 16 and 18.’

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39 Essex Chambers, December 2017

Source: www.39essex.com

Burnley Hall LLP v Domicilium Limited (Chancery Division, 14 November 2017) – Falcon Chambers

Posted December 8th, 2017 in arbitration, capital allowances, leases, news by sally

‘Burnley Hall brought a claim for specific performance of a put option agreement. The agreement was part of a broader transaction by which the claimant, a limited liability partnership, entered into a joint venture for the development of student accommodation. The venture was entered into on condition that Business Premises Renovation Allowances (under Part 3A of the Capital Allowances Act 2001) would be available and in the event that they were not, Burnley Hall secured the right to extricate itself from the transaction by exercising a put option to require the defendants to take back the leases they had granted and to repay the sums invested by the individuals behind the LLP.’

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Falcon Chambers, 14th November 2017

Source: www.falcon-chambers.com

I see you stand like greyhounds in the (procedural) slips – Blackstone Chambers

Posted December 8th, 2017 in disciplinary procedures, dogs, drug abuse, news, sport by sally

‘The principles of fair procedure ought to be well known to most sporting disciplinary bodies by now, but a case before the disciplinary and appellate bodies of the Greyhound Board of Great Britain (GBGB) illustrates how procedural slips can still occur, causing substantial unfairness to a person facing disciplinary action. The case also shows the power of a fair appellate body to put right procedural defects.’

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Blackstone Chambers, 4th December 2017

Source: www.sportslawbulletin.org

INEOS Upstream Ltd & Ors v Persons Unknown [2017] EWHC 2945 (Ch) – Falcon Chambers

Posted December 8th, 2017 in demonstrations, energy, environmental protection, fracking, injunctions, news by sally

‘Acting for the UK’s largest holder of licences for onshore shale gas exploration, and a number of private individuals, Janet Bignell QC and Gavin Bennison have successfully obtained the long-term continuation of interim injunctions restraining a wide range of unlawful conduct by protestors opposed to hydraulic fracturing (‘fracking’). The injunctions were initially obtained on an ex parte basis in July 2017, and continuation was secured with only minor modification at an opposed hearing on 12 September 2017. At a three-day hearing in November 2017 before Morgan J which attracted considerable media interest, the claimants resisted applications to discharge the injunctions brought by two well-known “anti-fracking” campaigners.’

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Falcon Chambers, December 2017

Source: www.falcon-chambers.com

Anaum Riaz discusses: Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ); The law doesn’t take a special approach to surrogacy cases – Park Square Barristers

Posted December 8th, 2017 in contact orders, news, parental responsibility, residence orders, surrogacy by sally

‘The Court of Appeal decision in Re H (Surrogacy Breakdown) [2017] EWCA 1798 (Civ) this week has confirmed that the ordinarily principles of children’s law, and the fundamental question of: What is in the best interests of the child? apply in relation to surrogacy in the ordinary way. There are no special rules or considerations which apply in the case of surrogacy disputes.’

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Park Square Barristers, 24th November 2017

Source: www.parksquarebarristers.co.uk