Mental Capacity Law Newsletter – Thirty Nine Essex Street
Mental Capacity Law Newsletter (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘IALS Seminar on the “Clarification and Easification of Legislative Drafting”.
The seminar will be chaired by Daphne Perry, Clarity and the International Association for Plain Legal Language.
Speakers:
Jenny Gracie, Lawyer, Linguist and French-Court Approved Translator and Interpreter;
Daniel Greenberg, Parliamentary Counsel, UK;
Dr Giulia Adriana Pennisi, University of Palermo;
William Robinson, Associate Research Fellow, IALS;
Prof Helen Xanthaki, Sir William Dale Centre, IALS.’
Date: 25th March 2015, 2.30-5.30pm
Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR
Charge: Free, registration required
More information can be found here.
‘Speaker:
David Foster, Queen Mary, University of London.
Organised with the London Legal History Seminar.’
Date: 20th March 2015, 6.00-7.30pm
Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR
Charge: Free, registration required
More information can be found here.
‘In this case the legislative framework at play was the interplay between the education and employment protections in the Equality Act 2010 (‘the Act’). S56(5) was the particular provision under the microscope, which provides that training or guidance covered by s91(within the education provisions of the Act) falls outside the employment services protection afforded by s55; it provides that s56 ‘does not apply in relation to training or guidance for students of an institution to which s91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access’.’
No. 5 Chambers, 12th January 2015
Source: www.no5.com
‘A man who killed his ex-partner by hitting her with a hockey stick in front of their children has been sentenced to life in prison.’
BBC News, 18th March 2015
Source: www.bbc.co.uk
‘The Family Drug and Alcohol Court (FDAC), introduced by District Judge Crichton in 2007, has been piloted in London and successfully rolled out to Milton Keynes and Gloucestershire. The court aims to help parents struggling with alcohol or drug abuse where this features as a key element in a local authority’s decision to bring care proceedings.’
Halsbury’s Law Exchange, 17th March 2015
Source: www.halsburyslawexchange.co.uk
‘The Court of Appeal has rejected Ryanair’s contention that the Competition Appeal Tribunal was incorrect to uphold the Competition Commission’s order that Ryanair should reduce its stake in Aer Lingus from 28.5 to 5 per cent.’
Full story (PDF)
Zenith Chambers, 16th February 2015
Source: www.zenithchambers.co.uk
‘This paper covers key information rights cases in 2014. The breadth of issues covered below, from legal professional privilege, human rights to vexatious requests, demonstrates the overlap between information law and many other areas of public law. This paper is intended to provide guidance, even for those who are not steeped, day-to-day, in the workings of the Freedom of Information Act 2000 (“FOIA”) and the Data Protection Act 1998 (the “DPA”), on the practical implications of these developments.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘Wills are typically described as “ambulatory” which means that they possess no force or effect prior to the death of the testator. Where the beneficiary of a gift predeceases the testator then as a general rule the gift will fail or “lapse”. Note that a deemed predecease will arise in various cases such as the effect of divorce on a gift made by one spouse to another. The effect is that for the purpose of any gift to that spouse the survivor will be deemed to have predeceased the testator[1]. Another less well known example is the effect of renunciation of a gift.’
Tanfield Chambers, 19th February 2015
Source: www.tanfieldchambers.co.uk
‘The purpose of this paper is to provide an introduction to monetary penalty notices. The law is complex and you cannot assume that the ICO has got it right, even though they have published guidance for themselves to follow.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘The supreme court has ruled that the government’s benefit cap, which limits unemployed claimants to £500 a week in total welfare payments, is lawful.’
The Guardian, 18th March 2015
Source: www.guardian.co.uk
‘Human Rights barrister claims gay marriage cake court case would erode right to refuse to act against conscience.’
Daily Telegraph, 18th March 2015
Source: www.telegraph.co.uk
‘There seems to be little doubt that the 800th anniversary of the Magna Carta is an occasion to celebrate. Much less secure is the position of its much younger sibling in the list of what are often called “constitutional statutes”, the Human Rights Act 1998. It took the United Kingdom almost 50 years to adopt its own particular “Bill of Rights”, and after its tender fifteen years of operation it is still under attack.’
Date: 24th March 2015, 4.30-6.00pm
Location: Parliament Chamber Inner Temple
Charge: Free, registration required
More information can be found here.
‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
‘A man has been jailed for three years for trying to arrange the sexual abuse of a child while working at the south pole.’
The Guardian, 18th March 2015
Source: www.guardian.co.uk
‘The question we pose ourselves this morning is: to what extent is the use of Building Information Modelling (“BIM”) in the construction industry in the UK, changing the legal landscape for the liability of construction professionals for design defects in construction and engineering projects?’
Full story (PDF)
Thirty Nine Essex Street, January 2015
Source: www.39essex.com
‘A High Court judge has granted relief from sanctions, after a law firm blamed pressure of work for late service of evidence in a Russian libel case.’
Litigation Futures, 18th March 2015
Source: www.litigationfutures.com
‘The European Commission announced on 4 February that it fined the UK broker ICAP EUR 14.9 million for its role in allegedly facilitating cartel activity that manipulated the yen Libor interest rate.’
Full story (PDF)
Zenith Chambers, 6th February 2015
Source: www.zenithchambers.co.uk
‘The Supreme court will decide on Wednesday if a cornerstone of the coalition government’s benefits policy is unlawful.’
The Guardian, 18th March 2015
Source: www.guardian.co.uk