Lord Sumption and the Limits of the Law: Is the Human Rights Project Undemocratic and Elitist? – Family Law Week

Posted January 5th, 2017 in constitutional law, human rights, judges, judiciary, news, treaties by sally

‘David Bedingfield, barrister of 4 Paper Buildings, considers the arguments in a debate of vital importance to family lawyers.’

Full story

Family Law Week, 4th January 2017

Source: www.familylawweek.co.uk

Former soldier sentenced under Terrorism Act after attempting to travel to Syria to fight Isis – The Independent

Posted January 5th, 2017 in armed forces, community service, news, sentencing, terrorism, war by sally

‘A former soldier has been sentenced under the Terrorism Act after he attempted to travel to Syria to fight Isis.’

Full story

The Independent, 4th January 2017

Source: www.independent.co.uk

Government names new chief to lead crackdown on worker exploitation – The Guardian

Posted January 5th, 2017 in employment, gangmasters, immigration, minimum wage, news by sally

‘The government has moved to crack down on unscrupulous employers by appointing a new boss to lead the collection of government bodies tasked with stamping out exploitation in the workplace. Prof Sir David Metcalf, a founding member of the Low Pay Commission and former chairman of the Migration Advisory Committee, was named on Thursday as the first director of Labour Market Enforcement.’

Full story

The Guardian, 5th January 2017

Source: www.guardian.co.uk

All prisoners should be allowed to wear their own clothes because transgender inmates can, inspectors say – Daily Telegraph

Posted January 5th, 2017 in freedom of expression, news, prisons, reports, transgender persons by sally

‘Prisoners should be allowed to wear their own clothes in jail because transgender inmates are allowed to wear dresses and make-up, inspectors have said.’

Full story

Daily Telegraph, 5th January 2017

Source: www.telegraph.co.uk

Truss orders review to ban abusers tormenting victims in family courts – The Guardian

‘The Justice Secretary has set up an emergency review to find the quickest way to ban perpetrators of domestic abuse from directly cross-examining their victims within the family court system.’

Full story

The Guardian, 4th January 2017

Source: www.guardian.co.uk

Almshouses, tenancies and Article 14 – Nearly Legal

Posted January 4th, 2017 in appeals, charities, human rights, landlord & tenant, news by sally

‘This post is my Christmas gift to land law students everywhere in the UK. It is a discussion of the very important Court of Appeal decision in Watts v Stewart [2016] EWCA Civ 1247, which concerned whether charitable providers of accommodation (in this case, almshouses, but, in principle, the issue in the case is broader) are exceptions to the Street v Mountford mantra that exclusive possession for a fixed term at a rent = tenancy.’

Full story

Nearly Legal, 29th December 2016

Source: www.nearlylegal.co.uk

Privilege – Closing the Stable Door – Zenith PI Blog

Posted January 4th, 2017 in accounts, disclosure, negligence, news, privilege, solicitors by sally

‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’

Full story

Zenith PI blog, 3rd January 2017

Source: www.zenithpi.wordpress.com

Sanctity of life v personal autonomy: Court of Protection – UK Human Rights Blog

Posted January 4th, 2017 in consent, Court of Protection, married persons, medical treatment, news by sally

‘Briggs v Briggs & Ors [2016] EWCOP 53 (20 December 2016). Apologies for starting the new year on such a sombre note, but there is a shaft of light in that this Court of Protection judgement is a clear indication that judges – or some of them – are prepared to favour an individual’s autonomy over the traditional emphasis on the sanctity of life above all else.’

Full story

UK Human Rights Blog, 3rd January 2017

Source: www.ukhumanrightsblog.com

Unreasonable defendant must face costs consequences – Law Society’s Gazette

Posted January 4th, 2017 in budgets, costs, indemnities, news, proportionality by sally

‘The High Court has sent another warning message to litigants that they should expect to face costs penalties for unreasonable conduct. In Barkhuysen v Hamilton, published just before Christmas, Mr Justice Warby said the claimant was entitled to more than budgeted costs due to how the case was handled.’

Full story

Law Society’s Gazette, 4th January 2017

Source: www.lawgazette.co.uk

Making newspapers pay legal costs for libel cases even if they win is ’eminently fair’, says Max Mosley – The Independent

Posted January 4th, 2017 in costs, defamation, media, news by sally

‘Proposals which could see newspapers forced to pay their opponents’ legal costs even if they win in court are “eminently fair”, according to Max Mosley.’

Full story

The Independent, 3rd January 2017

Source; www.independent.co.uk

Jailed marine Alexander Blackman’s defence team ‘fell below standard required’, official report concludes – Daily Telegraph

Posted January 4th, 2017 in armed forces, legal representation, miscarriage of justice, murder, news by sally

‘The legal team tasked with defending a Royal Marine accused of murdering a wounded Taliban fighter were responsible for a litany of failings that rendered his subsequent conviction unsafe, the body that investigates potential miscarriages of justice has found.’

Full story

Daily Telegraph, 3rd January 2017

Source: www.telegraph.co.uk

Terror suspect ‘linked to Osama Bin Laden’ wins battle with Home Office to stay in UK – The Independent

Posted January 4th, 2017 in deportation, disabled persons, news, terrorism by sally

‘A disabled terror suspect previously linked to Osama Bin Laden has won a 21-year legal battle to remain in the UK.
The wheelchair-bound Algerian man, known only as “G”, has been fighting Home Office deportation efforts for over two decades despite being accused of helping enlist young Muslims to extremist training camps abroad.’

Full story

The Independent, 3rd January 2017

Source: www.independent.co.uk

Christmas Break

Posted December 21st, 2016 in news by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2017.

Happy Christmas and thanks for reading!

Police and council pay damages to children kept in care too long – BBC News

Posted December 21st, 2016 in children, damages, families, fostering, local government, news, police by sally

‘Two children who were kept in care for too long have been awarded damages from a police force and council.’

Full story

BBC News, 21st December 2016

Source: www.bbc.co.uk

EU’s highest court delivers blow to UK snooper’s charter – The Guardian

‘“General and indiscriminate retention” of emails and electronic communications by governments is illegal, the EU’s highest court has ruled, in a judgment that could trigger challenges against the UK’s new Investigatory Powers Act – the so-called snooper’s charter.’

Full story

The Guardian, 21st December 2016

Source: www.guardian.co.uk

Applications to appeal patent rulings should no longer be given easy passage – Litigation Futures

Posted December 21st, 2016 in appeals, civil procedure rules, courts, news, patents by sally

‘The principle outlined in the White Book that the Court of Appeal should more readily grant permission to appeal in patent cases no longer holds good, it ruled last week.’

Full story

litigation Futures, 20th December 2016

Source: www.litgationfutures.com

MoJ plan to impose fixed-term contracts on judges “could be unlawful” – Legal Futures

Posted December 21st, 2016 in diversity, fees, fixed-term contracts, judges, judiciary, Ministry of Justice, news by sally

‘Plans by the Ministry of Justice (MoJ) to impose fixed-term contracts on fee- paid judges could be unlawful, the Bar Council has warned.’

Full story

Legal Futures, 21st December 2016

Source: www.legalfutures.co.uk

Committee aims for smaller House of Lords – BBC News

Posted December 21st, 2016 in news, parliament by sally

‘A cross-party group of peers has been set up to come up with ways to reduce the size of the House of Lords.’

Full story

BBC News, 20th December 2016

Source: www.bbc.co.uk

GP and health boss get suspended sentences for £153k fraud – BBC News

Posted December 21st, 2016 in doctors, fraud, health, news by sally

‘A GP and a senior health manager who fraudulently invoiced the NHS for £153,600 have been sentenced.’

Full story

BBC News, 20th December 2016

Source: www.bbc.co.uk

Watchdogs release damning reports on Marie Stopes abortion clinics – Daily Telegraph

Posted December 21st, 2016 in abortion, charities, consent, health, learning difficulties, news, reports by sally

‘Staff at Britain’s biggest abortion provider tried to give a vulnerable woman a termination even though she did not understand what was going on, a damning report has found.’

Full story

Daily Telegraph, 20th December 2016

Source: www.telegraph.co.uk