New guideline published on sentence reduction for early plea – Henderson Chambers

Posted April 6th, 2017 in consultations, guilty pleas, news, sentencing by sally

‘After lengthy consultation last year the Sentencing Council has published its new guideline on the stages and levels of reduction for a guilty plea.’

Full story (PDF)

Henderson Chambers, 23rd March 2017

Source: www.hendersonchambers.co.uk

Challenges Arising from Brexit – Henderson Chambers

‘In the light of Brexit, uncertain times lie ahead! How can small businesses cope with the challenges which the withdrawal of the United Kingdom from the European Union will necessarily entail and with the uncertainty that will persist so long as no concluded agreement(s) has/have been struck between the British Government and its EU counterparts.’

Full story

Henderson Chambers, 5th April 2017

Source: www.hendersonchambers.co.uk

Enforcement of Confiscation Orders – How to Clear the Final Hurdle – Drystone Chambers

Posted April 6th, 2017 in confiscation, enforcement, news by sally

‘Gaining a Confiscation Order is often seen to be the final hurdle. It increasingly is not: enforcement of the order is. This is a problem that affects all confiscation orders, in all jurisdictions, and has drawn the attention of the National Audit Office here in England and Wales.’

Full story (PDF)

Drystone Chambers, 5th April 2017

Source: www.drystone.com

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age? – Cloisters

Posted April 6th, 2017 in compensation, consultations, news, personal injuries, small claims by sally

‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’

Full story

Cloisters, 30th March 2017

Source: www.cloisters.com

No back-peddling – workers’ rights are gaining pace in the gig economy – Cloisters

‘Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber, companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited. This case augments the growing number of judgments in which staff that are ostensibly self-employed are found to be “workers” in law, and hence entitled to basic rights such as holiday pay and rest breaks.’

Full story

Cloisters, 24th March 2017

Source: www.cloisters.com

Dove v Havering LBC – Arden Chambers

‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’

Full story

Arden Chambers, 16th March 2017

Source: www.ardenchambers.com

Whose Rights are they anyway? Supreme Court gives judgment in FCA v Macris – Blackstone Chambers

‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’

Full story

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

No “reason why”: Essop and Naeem in the Supreme Court – Cloisters

‘Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants?’

Full story

Cloisters, 5th April 2017

Source: www.cloisters.com

Service Charges: No Double Recovery – Local Government Law

Posted April 6th, 2017 in appeals, costs, housing, leases, local government, news, service charges by sally

‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’

Full story

Local Government Law, 5th April 2017

Source: www.11kbw.com/blogs/local-government-law

Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible – UK Human Rights Blog

‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’

Full story

UK Human Rights Blog, 6th April 2017

Source: www.ukhumanrightsblog.com

Former top judge sounds alarm over “flawed and rushed” discount rate consultation – Litigation Futures

Posted April 6th, 2017 in consultations, damages, judges, news, personal injuries by sally

‘A former senior judge has expressed alarm at the way the government is rushing to “neutralise” the impact of the Lord Chancellor’s decision to cut the discount rate to -0.75%, based on what he says is a flawed consultation and without considering the effect on injured people.’

Full story

Litigation Futures, 6th April 2017

Source: www.litigationfutures.com

28 day pre-charge bail limit comes into force – Home Office

Posted April 6th, 2017 in bail, criminal procedure, news, time limits by sally

‘Government introduces new pre-charge bail limit of 28 days as part of the Policing and Crime Act, which comes into effect today (Monday 3 April).’

Full press release

Home Office, 3rd April 2017

Source: www.gov.uk/home-office

Teen jailed for carrying zombie knife – Crown Prosecution Service

‘A teenager convicted of wielding a “zombie-killer” knife has been imprisoned.’

Full press release

Crown Prosecution Service, 5th April 2017

Source: www.cps.gov.uk

A Brave New World: Partly Contesting FCA Enforcement Proceedings – Blackstone Chambers

Posted April 6th, 2017 in dispute resolution, enforcement, financial regulation, news by sally

‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’

Full story

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

Man who shouted homophobic abuse at dog walkers gets tougher sentence – Crown Prosecution Service

‘A man who shouted homophobic abuse at a walker to scare him off Barnes Common and assaulted another man has been sentenced to an 18-month community order.’

Full press release

Crown Prosecution Service, 4th April 2017

Source: www.cps.gov.uk

Safeguarding in Sport – Blackstone Chambers

Posted April 6th, 2017 in child abuse, children, criminal records, news, sport, vetting by sally

‘This paper is the first in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

Full story

Blackstone Chambers, 5th April

Source: www.sportslawbulletin.org

Tribunal fees ‘barrier to justice’, rights committee says – Law Society’s Gazette

‘Employment tribunal fees create impunity to bosses abusing human rights, parliamentarians have said, accusing the Ministry of Justice of complacency on some of the barriers faced by people seeking access to justice.’

Full story

Law Society’s Gazette, 6th April 2017

Source: www.lawgazette.co.uk

Domestic Child Abduction – Legal Responses – Family Law Week

Posted April 6th, 2017 in appeals, child abduction, news, practice directions by sally

‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’

Full story

Family Law Week, 4th April 2017

Source: www.familylawweek.co.uk

Independent Reviewing Officers – myths and misunderstandings continue – Family Law Week

‘Professor Jonathan Dickens, University of East Anglia, Norwich, considers some of the strengths and limitations of the IRO service, drawing on recent debates and the findings of a research study conducted between 2012-14.’

Full story

Family Law Week, 6th April 2017

Source: www.familylawweek.co.uk

Supreme court upholds ban on term-time holidays – The Guardian

‘The ban on parents taking their children out of school for family holidays during term time has been upheld by the supreme court.’

Full story

The Guardian, 6th April 2017

Source: www.guardian.co.uk