Re N – Transfer of proceedings – When to make an application under Article 15 – Park Square Barristers
‘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.’
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.’
Radcliffe Chambers, 7th January 2016
Source: www.radcliffechambers.com
Legal aid billing issues ‘unresolved’ – Law Society’s Gazette
‘The government may be underestimating the severity of problems with its new digital legal aid billing system, solicitors have warned.’
Law Society’s Gazette, 12th January 2016
Source: www.lawgazette.co.uk
Bees and Trees – No. 5 Chambers
‘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.’
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.’
6 Pump Court, 6th January 2016
Source: www.6pumpcourt.co.uk
Anatomy of an Impossible Trial for Child Exploitation – 6 Pump Court
‘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
‘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’
Tanfield Chambers, 7th January 2016
Source: www.tanfieldchambers.co.uk
EVENT: Discrimination Law Association Annual General Meeting – Guest speaker: Frances O’Grady
‘The DLA AGM and annual social event will take place on Wednesday 3 February 2016 beginning at 6.00pm. We are delighted that Frances O’Grady, General Secretary of the Trades Union Congress, has agreed to be our guest speaker.
Note: Non-members are welcome to attend the AGM but only DLA members will be eligible to vote at the meeting. Please let us know at info@discriminationlaw.org.uk if you plan to attend.’
Date: Wednesday 3rd February 2016, 6.00pm
Location: 7 Bedford Row Chambers, London WC1R 4BS
Charge: nFree
More information can be found here.
EVENT: Gresham College – Human Rights: Whether in Europe or Out?
‘With the in/out Europe vote to come (or having gone) what will the result mean for Human Rights? How is or has the debate been framed?
The lecture will present a review of what has happened in the courts since 2015, with an opportunity for debate.’
Date: 6th April 2016, 6.00pm
Location: Barnard’s Inn Hall
Charge: Free
More information can be found here.
EVENT: Gresham College – Sex and the Law
‘Reputations tumble; men once popular and famous but too powerful are condemned and imprisoned. Others fear their reputations will not long survive their deaths. Others will ‘get away with it’ as presumably they always have. How will all this be viewed in decades to come? Witch-hunt or confirmation that Mary Whitehouse was right all the time and the sexual revolution is to blame? If so, what should society have done that it didn’t? What should it do now apart from lock up aged offenders? And what about juries? Will they, not judges, ultimately determine how law can be fair on sexual behaviour – assuming juries can ever discuss these things candidly.’
Date: 2nd March 2016, 6.00pm
Location: Barnard’s Inn Hall
Charge: Free
More information can be found here.
EVENT: Gresham College – Celebrities, the Media and the Personal Data Privacy Wars
‘The Data Protection Act 1998 (DPA) should properly have been called the Data Privacy Act: it is about privacy of personal data and not merely its security. Recent cases – if successful for the claimants – will change the litigation landscape for everyone.’
Date: 27th January 2016, 6.00pm
Location: Museum of London
Charge: Free
More information can be found here.
EVENT: Gresham College – The Ethics of Physician-Assisted Suicide
‘The legislation of assisted suicide in the UK is as controversial as the Death with Dignity Act (DWDA) that led it its decriminalisation in Oregon in 1994. The United States Supreme Court subsequently rejected an attempt to have the law declared unconstitutional but steps seem to be needed to address the ethical concerns raised by members of the academic, political, and religious communities, including safeguards to protect vulnerable people. What can be learned in the UK from the USA experience?’
Date: 25th January 2016, 1.00pm
Location: Museum of London
Charge: Free
More information can be found here.
Upper Tribunal cases on fair hearings in immigration cases – Free Movement
‘Three recent cases on fair hearings in immigration cases, all from President McCloskey. All make interesting reading.’
Free Movement, 13th January 2016
Source: www.freemovement.org.uk
Bar Council warns of threat to judiciary from lack of diversity among QCs – Litigation Futures
‘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.’
Litigation Futures, 13th January 2016
Source: www.litigationfutures.co.uk
Sentences for data thieves ‘not tough enough’ – Law Society’s Gazette
‘The information commissioner has repeated calls for stronger sentencing powers for data thieves.’
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
‘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.’
Free Movement, 12th January 2016
Source: www.freemovement.org.uk
Compulsory use of new format bill of costs postponed indefinitely – Litigation Futures
‘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.’
Litigation Futures, 13th January 2016
Source: www.litigationfutures.co.uk
Hidden rise in violent crime driven by growth in violence against women – The Guardian
‘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.’
The Guardian, 13th January 2016
Source: www.guardian.co.uk
