Progress report on police response to domestic abuse causes concern – Family Law

Posted November 16th, 2017 in domestic violence, news, police, reports, victims by sally

‘Organisations working to support victims of domestic abuse have expressed concerns over a progress report on police response to such abuse, saying it demonstrates that forces are struggling to cope with the rising levels of abuse recorded and that little appears to have changed for victims. Refuge and Women’s Aid said the report underlined the urgent need for the law reform proposed within the Domestic Violence and Abuse Bill, announced in the Queen’s Speech in June.’

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Family Law, 15th November 2017

Source: www.familylaw.co.uk

BAILII: Recent decisions

Posted November 16th, 2017 in law reports by sally

Supreme Court

Gordon & Ors (Trustees of the Inter Vivos Trust) v Campbell Riddell Breeze Paterson LLP (Scotland) [2017] UKSC 75 (15 November 2017)

HC, R (on the application of) v Secretary of State for Work and Pensions [2017] UKSC 73 (15 November 2017)

De Silva & Anor, R (on the application of)v Revenue and Customs [2017] UKSC 74 (15 November 2017)

Scotch Whisky Association & Ors v The Lord Advocate & Anor (Scotland) [2017] UKSC 76 (15 November 2017)

Court of Appeal (Criminal Division)

Fletcher, R v [2017] EWCA Crim 1778 (15 November 2017)

High Court (Administrative Court)

Monarch Airlines Ltd -v- Airport Coordination Ltd Anor [2017] EWHC 2896 (Admin) (15 November 2017)

Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017] EWHC 2743 (Admin) (15 November 2017)

McDermott v The Health and Care Professions Council [2017] EWHC 2899 (Admin) (15 November 2017)

High Court (Family Division)

His Royal Highness the Duke of Windsor (Deceased), Re [2017] EWHC 2887 (Fam) (15 November 2017)

X (A Child) (Female Genital Mutilation Protection Order : Restrictions on Travel) [2017] EWHC 2898 (Fam) (15 November 2017)

Source: www.bailii.org

Families of 1974 bombings victims turn to crowdfunding after legal aid denied – Law Society’s Gazette

Posted November 16th, 2017 in costs, families, inquests, legal aid, legal representation, news by sally

‘A campaign group is seeking funds to pay for a judicial review challenging the terms of reference of an inquest into the deaths of the Birmingham Pub Bombings victims after a request for legal aid was denied. Justice4the21 is asking legal professionals to donate what they can to fund a challenge to a coroner’s decision earlier this year to exclude the issue of who was responsible for the 1974 bombings.’

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Law Society's Gazette, 15th November 2017

Source: www.lawgazette.co.uk

Have We Created a Monster? Intractable Contact Disputes and Parental Alienation in Context – Family Law Week

Posted November 16th, 2017 in children, contact orders, divorce, family courts, news, parental rights, residence orders by sally

‘Briony Palmer, barrister of 3 Dr Johnson’s Buildings, considers intractable contact disputes where the underlying dynamics are not obvious.’

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Family Law Week, 15th November 2017

Source: www.familylawweek.co.uk

Ukad close investigation into Team Sky and British Cycling after failing to determine Jiffy bag contents – The Independent

Posted November 16th, 2017 in corruption, drug abuse, drug offences, evidence, news, sport by sally

‘UK Anti-Doping (Ukad) have closed their investigation into British Cycling and Team Sky, deeming it “impossible” to determine the contents of a Jiffy bag delivered to Sir Bradley Wiggins at the Critérium du Dauphiné in June 2011.’

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The Independent, 15th November 2017

Source: www.independent.co.uk

Man aged 74 jailed after 160 guns are found at his home in Kent – The Guardian

Posted November 16th, 2017 in firearms, news, sentencing by sally

‘A pensioner has been jailed for five years after 160 guns were found at his home.

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The Guardian, 15th November 2017

Source: www.theguardian.com

Court hears transgender woman’s appeal over access to her Jewish children – The Guardian

Posted November 16th, 2017 in appeals, children, contact orders, Judaism, news, transgender persons by sally

‘A parent who left a tight-knit ultra-Orthodox Jewish community to embark on a new life as a woman has taken her battle to be allowed access to her five children to the court of appeal.’

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The Guardian, 15th November 2017

Source: www.theguardian.com

Cheers for The Crown makers as, 45 years on, Duke of Windsor’s will to be unsealed – Daily Telegraph

Posted November 16th, 2017 in news, royal family, wills by sally

‘With a scandalous abdication, colourful love life and rift with his relatives, the life of the Duke of Windsor was not short of private information to fascinate the public.
More than 40 years after his death, it appears, there may be more to learn, as a senior judge has ruled that the contents of his will can be unsealed for the first time.
The will of the Duke, who was King Edward VIII until his abdication in December 1936, will be unsealed for the benefit of the Royal Archives, after a keeper applied to the Family Division of the High Court to beg special permission.’

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Daily Telegraph, 15th November 2017

Source: www.telegraph.co.uk

Daryll Rowe guilty of infecting men with HIV – BBC news

Posted November 16th, 2017 in grievous bodily harm, HIV, news by sally

‘A man has been convicted of trying to infect 10 men with HIV in a “campaign” to infect as many as possible.’

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BBC News, 15th November 2017

Source: www.bbc.co.uk

Recycling company apologises after trial over shredder death – The Guardian

Posted November 16th, 2017 in accidents, costs, fines, health & safety, news, suspended sentences by sally

‘A recycling company has apologised after an agency worker was dragged into an industrial waste shredder and killed.’

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The Guardian, 15th November 2017

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2017 in legislation by sally

The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017

The General Anti-Abuse Rule Procedure (Amendment) Regulations 2017

The Individual Savings Account (Amendment No. 3) Regulations 2017

The Regulation of Social Housing (Influence of Local Authorities) (England) Regulations 2017

The Venezuela (European Union Financial Sanctions) Regulations 2017

The Traffic Signs (Amendment) (England and Wales) Regulations and General Directions 2017

Source: www.legislation.gov.uk

Interpretation of Article 24(2) Brussels Recast – Jurisdiction and Conflict of Laws

Posted November 15th, 2017 in company law, conflict of laws, EC law, interpretation, jurisdiction, news, subsidiary companies, treaties by sally

‘In its recent decision in Koza Ltd v Akcil [2017] EWCA Civ 1609, the Court of Appeal interpreted the scope of Article 24 (2) Brussels I Recast, which governs exclusive jurisdiction “in proceedings which have as their object the validity of the constitution, the nullity or dissolution of companies or other legal persons or associations of natural or legal persons, or the validity of the decisions of their organs, the courts of the Member State in which the company, legal person or association has its seat”.’

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Jurisdiction and Conflict of Laws, 10th November 2017

Source: jurisdictionandconflicts.net

CDM Decision and Penalty: Re Huntley (2) – Law & Religion UK

Posted November 15th, 2017 in Church of England, clergy, disciplinary procedures, fraud, insurance, news, tribunals by sally

‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’

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Law & Religion UK, 15th November 2017

Source: www.lawandreligionuk.com

Closing the Gaps – the failure of the law on health & safety at home – Nearly Legal

Posted November 15th, 2017 in bills, health & safety, housing, landlord & tenant, reports by sally

‘Three months ago we wrote about a research project and report on housing and health and safety law being carried out for Shelter by legal academics from the Universities of Kent and Bristol. Now the report has been completed.’

Full report

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Nearly Legal, 14th November 2017

Source: www.nearlylegal.co.uk/blog/

Condition precedents and the rule against redundancy in contract interpretation – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, interpretation, news, rectification by sally

‘In Interserve Construction Ltd v Hitachi Zosen Inova AG, the court was asked to interpret the termination provisions of a contract to determine whether there was a condition precedent clause.’

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Practical Law: Construction Blog, 15th November 2017

Source: constructionblog.practicallaw.com

How testing the evidence differs in adjudication and court – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, dispute resolution, evidence, negligence, news by sally

‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’

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Practical Law: Construction Blog, 14th November 2017

Source: constructionblog.practicallaw.com

Air quality breaches stops development which threatened to exacerbate them – UK Human Rights Blog

Posted November 15th, 2017 in news, planning, pollution by sally

‘Gladman Developments v. SoS for Communities and Local Government, Interested Party:CPRE [2017] EWHC 2768 (Admin) 6 November 2017. An interesting example of how our planners must take air pollution concerns far more seriously in the light of the long-running ClientEarth litigation.’

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UK Human Rights Blog, 13th November 2017

Source: ukhumanrightsblog.com

“After care services” – when is a local authority required to provide after care services – s.3 mental health act 1983 – Zenith PI

Posted November 15th, 2017 in community care, detention, local government, mental health, news by sally

‘Tinsley v Manchester City Council & others [2017] EWCA CIV 1704. The question in the appeal: Is a person who has been compulsorily detained in a hospital for mental disorder under section 3 of the Mental Health Act 1983 (“the 1983 Act”) and has then been released from detention but still requires “after-care services” entitled to require his local authority to provide such services at any time before he had exhausted sums reflecting the costs of care awarded to him in a judgment in his favour against a negligent tortfeasor.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

What effect can exaggeration have on your damages claim: strike out or percentage reduction in damages? – Zenith PI

Posted November 15th, 2017 in damages, news, psychiatric damage, striking out by sally

‘The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Robot junior clerk already processing hundreds of bookings and reducing human working hours – Legal Futures

Posted November 15th, 2017 in artificial intelligence, barristers, barristers' clerks, news by sally

‘Billy Bot, the “robot junior clerk”, is now managing up to 100 new instructions a day from solicitors and members of the public, agreeing fees, booking cases, checking for conflicts and even making the coffee, Legal Futures can reveal.’

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Legal Futures, 14th November 2017

Source: www.legalfutures.co.uk