Strike-off for legal aid fraud solicitor who also let untraceable junior staff member into firm – Legal Futures

Posted November 28th, 2017 in conspiracy, disciplinary procedures, fraud, legal aid, news, solicitors, striking out by sally

‘The head of a Bradford law firm has been struck off after being convicted of conspiracy to defraud the Legal Aid Agency (LAA) and also failing to supervise an unpaid junior member of staff who is suspected of producing fraudulent decree absolutes – and whose surname nobody at the firm can remember.’

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Legal Futures, 28th November 2017

Source: www.legalfutures.co.uk

EVENT: IALS – 70 Years Ago – How Universal Rights Were Being Made

Posted November 28th, 2017 in Forthcoming events by sally

‘In 1947 the United Nations was in the process of drafting what became the Universal Declaration of Human Rights in 1948, and the Institute of Advanced Legal Studies was founded. Getting agreement on what those rights would be was not easy. For example, on 6 December 1947, 70 years before this lecture, the Working Group on the Declaration considered whether the right to life began at conception. On 11 June 1948, when IALS opened in its first building at 25 Russell Square, the Commission on Human Rights rejected a French proposal that human rights should include intellectual property (which re-emerged later) and postponed discussion on a right to social security. There was nothing at all about discrimination and sexual orientation.’

Date: 6th December 2017, 5.30-7.30pm

Location: Institute of Advanced Legal Studies, 17 Russell Square, London WC1B 5DR

Charge: Free, booking required

More information can be found here.

When divorce bites back: reputational damage and the professional adviser – Family Law

Posted November 28th, 2017 in dispute resolution, divorce, financial provision, news by sally

‘Professional advisers need to tread very carefully when a client wants to pursue an aggressive strategy to frustrate a spouse’s financial claims during divorce proceedings. Aggressive asset protection might well achieve a client’s financial objectives – at least in the short term. But the consequential reputational damage caused to the client, his or her advisers and their firms can be severe – and lasting.’

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Family Law, 28th November 2017

Source: www.familylaw.co.uk

Armin Cuyvers: Two Legal Tools to Avoid Hard Brexit: Delayed Exit and Decreasing Membership under Article 50 TEU – UK Constitutional Law Association

Posted November 28th, 2017 in brexit, constitutional reform, delay, EC law, news, treaties by sally

‘Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and EU will not be able to finalize the necessary Brexit agreements in time. Effectively, there is less than a year left, and we have not even moved beyond the Brexit bill. As an extension of the two-year term seems politically impossible in the UK, we seem left with one unlikely and one disastrous possible outcome.’

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UK Constitutional Law Association, 24th November 2017

Source: ukconstitutionallaw.org

Law Pod UK Ep 18: Do Judge Led Inquiries work? – 1 COR

Posted November 28th, 2017 in inquiries, judges, judiciary, news by sally

‘With ongoing public inquiries into tainted blood and historic child sexual abuse, Matt Hill and Gideon Barth discuss the effectiveness of judge led inquiries with Rosalind English.’

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Law Pod UK, 27th November 2017

Source: audioboom.com

Deepcut: Family of Pte Geoff Gray win case for fresh inquest – BBC News

Posted November 28th, 2017 in armed forces, inquests, news by sally

‘The family of a young soldier who died at the Deepcut army barracks 16 years ago have won a High Court action for a fresh inquest.’

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BBC News, 28th November 2017

Source: www.bbc.co.uk

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

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Employment Blog, 27th November 2017

Source: employment11kbw.com

Bereavement damages: Unmarried Chorley woman wins legal fight – BBC News

Posted November 28th, 2017 in bereavement, cohabitation, damages, human rights, news by sally

‘A woman has won her legal battle for better rights for unmarried people who lose their long-term partners.’

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BBC Mews, 28th November 2017

Source: www.bbc.co.uk

Cafcass launches ‘ground-breaking’ pilot scheme to crack down on parental alienation – Family Law

‘The Children and Family Court Advisory and Support Service (Cafcass) is running a pilot scheme to bring an end to separated parents poisoning their child against the other parent. Parents who are guilty of manipulating their child in this way may have their child taken away from them and, in the most extreme cases, they may be denied contact.’

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Family Law, 27th November 2017

Source: www.familylaw.co.uk

Keir Starmer: make funding for women’s refuges mandatory – The Guardian

Posted November 28th, 2017 in benefits, domestic violence, housing, news, social security, social services, victims, women by sally

‘Keir Starmer, the shadow cabinet member and former chief prosecutor, has called for mandatory funding for refuges amid criticism over a shake-up of funding for women’s services.’

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The Guardian, 27th November 2017

Source: www.theguardian.com

SDT warns that revised dishonesty test could cause delays in trying solicitors – Legal Futures

Posted November 28th, 2017 in delay, disciplinary procedures, news, solicitors by sally

‘The recent Supreme Court ruling that changed the test of dishonesty could cause delays and more hearings at the Solicitors Disciplinary Tribunal (SDT), its chief executive has warned.’

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Legal Futures, 27th November 2017

Source: www.legalfutures.co.uk

Re-consultation for planning applications: how to do it – Charlotte Gilmartin – UK Human Rights Blog

Posted November 28th, 2017 in consultations, local government, news, planning by sally

‘The High Court has just ruled that the public should be reconsulted on a planning application which has been amended. Failure to do so may be procedurally unfair and therefore unlawful.’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

UK justice system failing defendants with mental health issues – charity – The Guardian

‘Specialist prosecutors should review all decisions to charge suspects with mental health vulnerabilities and the defence of insanity should be amended, a law reform charity has said.’

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The Guardian, 27th November 2017

Source: www.theguardian.com

Can you draw a line between this case and Anisminic? – UK Human Rights Blog

Posted November 28th, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’

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UK Human Rights Blog, November 2017

Source: ukhumanrightsblog.com

Coroners could get powers to probe stillbirths, in bid to tackle Britain’s poor maternity safety record – Daily Telegraph

Posted November 28th, 2017 in birth, coroners, health, inquests, news by sally

‘Coroners should be granted powers to investigate stillbirths, in bid to prevent the number of “heartbreaking” blunders in childbirth, Jeremy Hunt will say today.’

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Daily Telegraph, 27th November 2017

Source: www.telegraph.co.uk

Boy, 17, found guilty of planning Isis-inspired attack on Cardiff concert – The Guardian

Posted November 28th, 2017 in news, terrorism, weapons, young offenders by sally

‘A teenager has been found guilty of planning an Islamic State-inspired terrorist attack on a pop concert a month after the Manchester Arena bombing.’

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The Guardian, 27th November 2017

Source: www.theguardian.com

Randox forensics inquiry: Police suspend drug-test contracts – BBC News

Posted November 28th, 2017 in contracting out, evidence, forensic science, news, police by sally

‘Police have suspended all contracts with a drug-testing company amid allegations of data manipulation.’

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BBC News, 27th November 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 27th, 2017 in legislation by sally

The Ecodesign for Energy-Related Products (Amendment) Regulations 2017

The Policing and Crime Act 2017 (Commencement No. 5 and Transitional Provisions) Regulations 2017

The Franchising Schemes and Enhanced Partnership Plans and Schemes (Provision of Information) Regulations 2017

The Franchising Schemes and Enhanced Partnership Schemes (Application of TUPE) (England) Regulations 2017

The Franchising Schemes and Enhanced Partnership Schemes (Pension Protection) (England) Regulations 2017

The Police (Conduct, Complaints and Misconduct and Appeal Tribunal) (Amendment) Regulations 2017

The Police Barred List and Police Advisory List Regulations 2017

The Town and Country Planning (Operation Stack) Special Development (Amendment) Order 2017

The Credit Unions Act 1979 (Locality Common Bond Conditions) Order 2017

Source: www.legislation.gov.uk

Court rejects call by council for pensions set-off from officer convicted of fraud – Local Government Lawyer

‘The High Court has rejected a London borough’s bid to set off the pension benefits of a former senior finance officer who defrauded the council.’

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Local Government Lawyer, 24th November 2017

Source: www.localgovernmentlawyer.co.uk

Dodgy drug test results – what should I do? – Transparency Project

‘On 21 November the Ministry of Justice and Her Majesty’s Courts and Tribunal’s Service issued advice for those concerned about potentially unreliable forensic toxicology (drug) tests in some family cases. The advice also relates to criminal trials, but this post looks at the issue for people who have been involved with a family court case and who are worried that the test results may have been dodgy.’

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Transparency Project, 23rd November 2017

Source: www.transparencyproject.org.uk