No-fault divorce: the future of divorce law? – Family Law

Posted November 17th, 2017 in divorce, news, reports by sally

‘The House of Commons Library released its briefing paper dealing with “no-fault divorce” on 17 October 2017. The paper provides a helpful snapshot of the position currently in England & Wales in relation to divorce proceedings, together with a chronology of historic legislation and government schemes. It highlights that the most recent attempt to legislate for ‘no-fault divorce’ was within Pt 2 of the Family Law Act 1996, which was repealed on the basis that the provisions within Pt 2 were “unworkable”. Notwithstanding this conclusion, the Government indicated in January 2001 that it would remain committed to exploring the introduction of no-fault divorce however we are yet to see that commitment materialise into legislated change.’

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Family Law, 16th November 2017

Source: www.familylaw.co.uk

Defendant nationality declarations ‘offensive’ – Law Society’s Gazette

Posted November 17th, 2017 in bias, citizenship, immigration, magistrates, news by sally

‘Making defendants in criminal proceedings declare their nationality is “offensive and objectionable”, the former president of the London Criminal Courts Solicitors’ Association (LCCSA) has said.’

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Law Society's Gazette, 16th November 2017

Source: www.lawgazette.co.uk

Bach to the future – Counsel

Posted November 17th, 2017 in budgets, legal aid, news, reports by sally

‘Time for legal aid to break free from party political discourse? Yes, argues Lucie Wibberley, in light of the recommendations of the Bach Commission for a new Right to Justice Act.’

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Counsel, November 2017

Source: www.counselmagazine.co.uk

Age of consent for athlete-coach relationships to rise to 18, says sports minister Tracey Crouch – The Independent

Posted November 17th, 2017 in age of consent, news, sport by sally

‘Sexual relationships between sports coaches and 16- and 17-year-olds in their care will be made illegal, the sports minister Tracey Crouch has revealed.’

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The Independent, 16th November 2017

Source: www.independent.co.uk

MPs denounce food regulator after 2 Sisters chicken scandal – The Guardian

Posted November 17th, 2017 in food hygiene, news, reports, select committees by sally

‘Scathing report by MPs attacks oversight and inspection regimes at Food Standards Agency and local authorities.’

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The Guardian, 17th November 2017

Source: www.theguardian.com

British firm battling to stop ‘billion dollar brain’ being deported to China after computer code theft – The Independent

Posted November 17th, 2017 in computer crime, extradition, news by sally

‘Investment fund bosses are trying to stop the deportation of an analyst convicted of stealing millions of pounds worth of computer codes.’

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The Independent, 16th November 2017

Source: www.independent.co.uk

Rotherham child sex abuse case: Three men jailed – BBC News

Posted November 17th, 2017 in child abuse, news, sentencing, sexual grooming, sexual offences by sally

‘Three men have been jailed following the first trial to come out of the National Crime Agency’s inquiry into historical sex abuse in Rotherham.’

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BBC News, 16th November 2017

Source: www.bbc.co.uk

Lancashire shoe firm’s ‘sexist’ topless women ad banned – BBC News

Posted November 17th, 2017 in advertising, complaints, news, women by sally

‘A “sexist” online shoe advert featuring topless women has been banned by the advertising watchdog.’

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BBC News, 16th November 2017

Source: www.bbc.co.uk

Pet ban for owner who tried to heal cat’s wounds with honey – Daily Telegraph

Posted November 17th, 2017 in animal cruelty, fines, news by sally

‘A cat owner has been banned from keeping pets for a year after she attempting to heal its wounds with honey. Denise Smith, 58, had applied manuka honey to her cat Blacky’s leg believing it had healing properties which would help him.’

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Daily Telegraph, 17th November 2017

Source: www.telegraph.co.uk

British soldier shot comrade dead ‘after mistaking him for target’ during training exercise, inquiry finds – The Independent

Posted November 17th, 2017 in accidents, armed forces, inquiries, news by sally

‘A young soldier was shot dead by a comrade who mistook him for a target during a flawed training exercise, an inquiry has found.’

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The Independent, 16th November 2017

Source: www.independent.co.uk

Rolf Harris indecent assault conviction overturned – BBC News

Posted November 16th, 2017 in appeals, news, sexual offences by sally

‘Former entertainer Rolf Harris has had one of 12 indecent assault convictions overturned by the Court of Appeal.’

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BBC News, 16th November 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 16th, 2017 in legislation by sally

The Childcare Payments Act 2014 (Commencement No. 5) Regulations 2017

The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2017

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2017

The Childcare Payments (Eligibility) (Amendment) Regulations 2017

The Patents and Patents (Fees) (Amendment) Rules 2017

The Childcare Payments (Amendment) Regulations 2017

Source: www.legislation.gov.uk

A cautionary tale on the importance of client service – Practical Law: Construction Blog

Posted November 16th, 2017 in budgets, construction industry, news by sally

‘The recent decision in Riva Properties Ltd v Foster + Partners Ltd, considers the duties that an architect owes to its client, specifically in the context of working in accordance with the client’s budget. Helena White and Matt Malloy have recently written about issues of contributory negligence and evidence arising out of the case. One of the most interesting aspects of the decision for me is that, over the course of a searing 313 paragraph judgment, Fraser J delivers a forceful reminder that client service is at the heart of the construction industry. Although the case specifically concerns the provision of architectural design services, it is a cautionary tale of the consequences of failing to put clients’ objectives first, which is just as relevant to lawyers, professional advisers of any specialism and indeed to all parties involved in the delivery of construction projects.’

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Practical Law: Construction Blog, 15th November 2017

Source: constructionblog.practicallaw.com

Applications open for employment tribunal fee refunds as scheme rolls out – Ministry of Justice

Posted November 16th, 2017 in employment tribunals, fees, press releases, repayment by sally

‘All those eligible for employment tribunal fee refunds can apply from today, following a successful opening phase of the scheme.”

Full press release

Ministry of Justice, 15th November 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Solicitors under fire for failing to act in best interests of seriously injured clients – Litigation Futures

Posted November 16th, 2017 in case management, law firms, news, personal injuries, solicitors, victims by sally

‘Personal injury lawyers are often failing to act in the best interests of seriously injured clients, according to a law firm’s online poll. The survey by Nockolds Solicitors found that a large majority (81%) of rehabilitation case managers had experienced a situation where a claimant solicitor had “clearly not acted in the best interests of the client”.’

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Litigation Futures, 16th November 2017

Source: www.litigationfutures.com

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

‘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