Re N – Transfer of proceedings – When to make an application under Article 15 – Park Square Barristers

Posted January 13th, 2016 in children, jurisdiction, news, transfer of proceedings by sally

‘Dawn Tighe considers the recent case of Re N Court of Appeal EWCA Civ 112 2015, determined by the Court of Appeal on 2nd November 2015 with regard to Article 15 applications.’

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Park Square Barristers, 6th January 2016

Source: www.parksquarebarristers.co.uk

No relief from the Supreme Court – Radcliffe Chambers

‘The Supreme Court has held in Thevarajah v Riordan [2015] UKSC 78 that:
(1) a party who failed to obtain relief from sanctions for non compliance with an order
cannot make a second application for relief without demonstrating a material change
in circumstances; and
(2) belated compliance with an order does not, of itself, constitute a material change
in circumstances.’

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Radcliffe Chambers, 7th January 2016

Source: www.radcliffechambers.com

Legal aid billing issues ‘unresolved’ – Law Society’s Gazette

Posted January 13th, 2016 in computer programs, costs, legal aid, news by sally

‘The government may be underestimating the severity of problems with its new digital legal aid billing system, solicitors have warned.’

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Law Society’s Gazette, 12th January 2016

Source: www.lawgazette.co.uk

Bees and Trees – No. 5 Chambers

Posted January 13th, 2016 in EC law, environmental protection, news by sally

‘Neonicitinoids are a group of active ingredients in plant protection products (pesticides). Their use is limited by a Regulation made by the European Commission. There is active debate about their effect on bees.’

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No. 5 Chambers, 11th January 2016

Source: www.no5.com

Acting in historical sex abuse trials: Oliver Saxby QC provides an insight into the challenges involved – 6 Pump Court

‘In this series of case studies Oliver Saxby QC analyses three very substantial historical sex abuse trials in which he was involved over the last 12 months, each of which ended with successful outcomes: R v Bodnar and others at Canterbury Crown Court, in which he led for the defence; R v Singh and others at the Central Criminal Court, in which he led for the Crown; and R v Carragher and others at Leeds Crown Court, in which he led for the defence.’

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6 Pump Court, 6th January 2016

Source: www.6pumpcourt.co.uk

Anatomy of an Impossible Trial for Child Exploitation – 6 Pump Court

Posted January 13th, 2016 in children, evidence, news, prostitution, sexual offences, witnesses by sally

‘Richard Barraclough QC has written a commentary on a recent case in which he was Leading Counsel for one of the defendants.

The case involved serious sex/trafficking offences, including engaging an honourable and vulnerable girl in prostitution. The case was complex and involved the use of an intermediary. The issues raised in evidence (and the submission of no case) concerned the number and structure of ABE interviews, the use of pre ABE interviews and meetings, the extent to which a victim should be challenged in ABE interviews and the use of pre prepared witness statements where the victim refused to engage in the ABE process.

Reforms are now proposed in relation to the investigation and trial process in this type of case.

The commentary provided by Richard Barraclough QC gives a detailed analysis of the processes involved and the challenges in this type of case with such a vulnerable victim and where the process is so complex.’

Full story(Word)

6 Pump Court, 12th January 2016

Source: www.6pumpcourt.co.uk

Collective Enfranchisement: Validity of Notices – Tanfield Chambers

Posted January 13th, 2016 in enfranchisement, landlord & tenant, leases, news by sally

‘Chapter I of Part I of the 1993 Act confers on certain tenants of flats held under long residential leases in certain premises the right to collective enfranchisement, that is to say the right to have the freehold of those premises acquired on their behalf by a person appointed by them for that purpose and at a price determined in accordance with Schedule 6 to the 1993 Act. Tenants entitled to participate in collective enfranchisement are called “qualifying tenants”. The premises must comprise two or more flats held by qualifying tenants. The total number of flats held by such tenants must be not less than two thirds of the total number of flats contained in the premises’

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Tanfield Chambers, 7th January 2016

Source: www.tanfieldchambers.co.uk

Upper Tribunal cases on fair hearings in immigration cases – Free Movement

Posted January 13th, 2016 in advocacy, bias, immigration, judiciary, news, professional conduct, tribunals by sally

‘Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading.’

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Free Movement, 13th January 2016

Source: www.freemovement.org.uk

Bar regulator seeks women’s experiences at the Bar, launches survey – The Bar Council

Posted January 13th, 2016 in barristers, diversity, equality, news, women by sally

‘The Bar Standards Board (BSB) has launched a survey today to better understand women’s experiences of the equality rules of the BSB Handbook.’

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The Bar Council, 12th January 2016

Source: www.barcouncil.org.uk

Bar Council warns of threat to judiciary from lack of diversity among QCs – Litigation Futures

Posted January 13th, 2016 in diversity, judiciary, news, queen's counsel by sally

‘The senior judiciary “may not reflect the communities it seeks to serve” because of a lack of ethnic minority and female QCs, the Bar Council has warned.’

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Litigation Futures, 13th January 2016

Source: www.litigationfutures.co.uk

Sentences for data thieves ‘not tough enough’ – Law Society’s Gazette

Posted January 13th, 2016 in data protection, fines, news, sentencing by sally

‘The information commissioner has repeated calls for stronger sentencing powers for data thieves.’

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Law Society’s Gazette, 12th January 2016

Source: www.lawgazette.co.uk

Past deception to obtain Indefinite Leave to Remain may lead to status being revoked – Free Movement

Posted January 13th, 2016 in identity fraud, immigration, news by sally

‘The case of Huang & Ors, R (on the application of) v Secretary of State for the Home Department (“No Time Limit” Transfer: Fraud) (IJR) [2015] UKUT 662 (IAC) arises from the provision of false or incorrect identity information by asylum seekers who were initially refused asylum but who were then never removed and were later granted status under the Legacy amnesty backlog clearance programme.’

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Free Movement, 12th January 2016

Source: www.freemovement.org.uk

Compulsory use of new format bill of costs postponed indefinitely – Litigation Futures

Posted January 13th, 2016 in costs, electronic filing, news by sally

‘The plan to make the new electronic bill of costs mandatory in the Senior Courts Costs Office has been shelved indefinitely because of the “major implications” it would have for the profession.’

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Litigation Futures, 13th January 2016

Source: www.litigationfutures.co.uk

Hidden rise in violent crime driven by growth in violence against women – The Guardian

Posted January 13th, 2016 in crime, domestic violence, news, statistics, violence, women by sally

‘Women are bearing the brunt of an invisible rise in violent crime, a new analysis shows. Domestic violence and violence against women have increased since 2009, researchers found, pushing up overall levels of violent crime.’

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The Guardian, 13th January 2016

Source: www.guardian.co.uk

CPS lacks empathy with crime victims and witnesses, report finds – The Guardian

Posted January 13th, 2016 in Crown Prosecution Service, news, reports, victims, witnesses by sally

‘Letters the Crown Prosecution Service sends to victims of crime often lack empathy and contain template paragraphs that sometimes fail to convey basic information, according to an official inspectorate report.’

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The Guardian, 13th January 2016

Source: www.guardian.co.uk

‘English votes’ rules used for first time in House of Commons – BBC News

Posted January 13th, 2016 in bills, devolution, news, parliament by sally

‘New “English votes for English laws” rules have been implemented in the House of Commons for the first time.’

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BBC News, 12th January 2016

Source: www.bbc.co.uk

Corset ad promising ‘sexy, tiny waist’ banned for being irresponsible – The Guardian

Posted January 13th, 2016 in advertising, complaints, media, news by sally

‘A TV ad showing women using a corset to squeeze their waists to a “sexy, tiny” size has been banned for being irresponsible.’

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The Guardian, 13th January 2016

Source: www.guardian.co.uk

Man sentenced for selling monkey heads – Daily Telegraph

Posted January 13th, 2016 in animal cruelty, animals, news, pornography, sentencing, suspended sentences by sally

‘George Bush from Erith is given a suspended prison sentence after admitting selling monkey heads on eBay and also possessing animal porn.’

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Daily Telegraph, 12th January 2016

Source: www.telegraph.co.uk

Set up online courtrooms to cut lawyers out of legal process, says official report – Daily Telegraph

Posted January 13th, 2016 in consultations, electronic filing, news, reports, small claims by sally

‘Senior judge says civil cases up to £25,000 should be carried out in ‘paperless’ courts with most work done by admin staff rather than judges or lawyers.’

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Daily Telegraph, 12th January 2016

Source: www.telegraph.co.uk

Fitness-to-plead court test out of date, says Law Commission – BBC News

Posted January 13th, 2016 in fitness to plead, Law Commission, mental health, news by sally

‘New tests should be introduced to assess whether a defendant facing criminal charges is mentally fit to stand trial, the Law Commission says.’

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BBC News, 13th January 2016

Source: www.bbc.co.uk