Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

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Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’ – Cloisters

Posted February 22nd, 2017 in care orders, children, family courts, gender, news, social services, transgender persons by sally

‘This is part two of a two-part series on trans rights from leading equality and human rights barrister Claire McCann at Cloisters. Part one explores toilets and gender identity.’

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Cloisters, 14th February 2017

Source: www.cloisters.com

Family Court proceedings: gender reassignment and ultra-orthodox Judaism – Cloisters

‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’

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Cloisters, 1st February 2017

Source: www.cloisters.com

Maximising mini-pupillage – Counsel

Posted February 22nd, 2017 in barristers, diversity, legal profession, news, pupillage by sally

‘No contacts, no mini-pupillage? Dr Elaine Freer examines the state of work experience at the Bar in light of recent guidance for chambers and her own research on socio-economically disadvantaged aspirant entrants.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Formula Milk and Human Rights: Council That Removed Baby Pays Damages – RightsInfo

Posted February 22nd, 2017 in compensation, damages, families, human rights, local government, news by sally

‘A local council who took a newborn baby boy from his parents violated their human right to family life and a fair trial, a judge has ruled.’

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RightsInfo, 17th February 2017

Source: www.rightsinfo.org

Top lawyers warn of human rights crisis after Brexit – The Guardian

Posted February 22nd, 2017 in brexit, EC law, human rights, international relations, news by sally

‘Leading lawyers and legal experts are warning that Brexit could trigger a human rights crisis in the UK that threatens to have a ‘domino effect’ across Europe.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Adopting Scottish Children in England – Family Law Week

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

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Family Law Week, 14th February 2017

Source: www.familylawweek.co.uk

Parental consent not required for section 20 accommodation – Community Care Blog

‘Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26.’

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Community Care Blog, 9th February 2017

Source: www.communitycare11kbw.com

Legal records at risk – Counsel

Posted February 22nd, 2017 in archives, barristers, confidentiality, documents, legal history, legal profession, news by sally

‘The Bar is in danger of losing its distinct legal heritage, warns Clare Cowling – who outlines the considerable research value to be found in chambers records’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Search engines and rights holders finalise new code to address online copyright infringement – OUT-LAW.com

Posted February 22nd, 2017 in codes of practice, computer programs, copyright, internet, news by sally

‘Google and Microsoft, together with representatives from the UK creative industries, have agreed on a new voluntary code to address online copyright infringement.’

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OUT-LAW.com, 22nd February 2017

Source: www.out-law.com

How is the PLO working? What is its impact on court process and outcome? – Family Law Week

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

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Family Law Week, 17th February 2017

Source: www.familylawweek.co.uk

Accident victims “forced into rehab by greedy lawyers” – Litigation Futures

‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Cure for all ills? – Counsel

Posted February 22nd, 2017 in advocacy, barristers, consultations, criminal justice, fees, legal aid, news by sally

‘Fees are still too low, but the Bar has developed a better settlement for criminal practitioners to reward advocacy in a fairer and more transparent way. Now it’s up to the profession to make their voices heard and respond to the consultation, as Daniel Oscroft explains.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

Public Sector Exit Payments – Old Square Chambers

Posted February 22nd, 2017 in employment, legislation, news by sally

‘As you may recall, Section 41 of the Enterprise Act 2016 gave the Government the power to issue regulations capping public sector exit payments at £95,000. Although draft regulations were published for “illustrative purposes” to assist the parliamentary debate on what became the Enterprise Act, no further moves were made at the time to implement this cap.’

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Old Square Chambers, 3rd February 2017

Source: www.oldsquare.co.uk

Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

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New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition

Posted February 22nd, 2017 in bills, constitutional law, EC law, legislative drafting, news, parliament, treaties by sally

‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’

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UK Constitutional Law Association, 21st February 2017

Source: www.ukconstitutionallaw.org

Income rules for foreign spouses upheld – BBC News

‘Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful “in principle” the Supreme Court has ruled.’

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BBC News, 22nd February 2017

Source: www.bbc.co.uk

Why The Rule Of Law Matters More Than Ever – RightsInfo

Posted February 22nd, 2017 in human rights, news, rule of law by sally

‘Lord Neuberger, the Supreme Court president, has warned that coverage of the Brexit case risked undermining the “rule of law”. He was referring to criticism by some tabloid newspapers of the three judges involved in the Article 50 case, including one headline that branded them “enemies of the people”. In this article, we look at the meaning of this important concept and how, combined with a healthy dose of human rights, the rule of law is both a cornerstone and strengthener of the modern liberal democracy we live in today.’

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RightsInfo, 19th February 2017

Source: www.rightsinfo.org

Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Forfeiture Act 1982: Nothing to do with Section 146 or peaceable re-entry this time – Hardwicke Chambers

Posted February 22nd, 2017 in forfeiture, legislation, mental health, news by sally

‘Imagine receiving instructions from a client that his mother has died intestate but that a sibling had taken the property (the principal asset of the estate) and was not prepared to sell the property and share the proceeds of sale 50 / 50.’

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Hardwicke Chambers, 17th February 2017

Source: www.hardwicke.co.uk