Domestic abuse victims with ‘trapped capital’ should not be denied legal aid, court rules – The Guardian

‘Victims of domestic abuse should not be denied legal aid because they have assets trapped in a home, the high court has ruled.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

Supreme Court reduces standard of proof for suicide and unlawful killing in inquest conclusions – Park Square Barristers

‘The Supreme Court has on 13 November 2020 handed down the judgment in this case concerning the appropriate standard of proof for conclusions at inquests.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Legal Services Act a decade on: Much to celebrate but much to do – Legal Futures

Posted November 25th, 2020 in criminal justice, diversity, legal aid, legal services, Legal Services Board, news by sally

‘There is “much to celebrate” from the first decade of the Legal Services Act but the basic legal needs of many citizens are still not being met, the Legal Services Board (LSB) said today.’

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Legal Futures, 25th November 2020

Source: www.legalfutures.co.uk

As a victim of undercover police spying, this inquiry has left me bruised, but buoyed – The Guardian

Posted November 25th, 2020 in deceit, demonstrations, inquiries, investigatory powers, news, police, victims by sally

‘Uncovering that my partner was ‘Mark Kennedy’ was traumatic, but there’s hope in being part of something bigger than myself.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

When is suitable? – Nearly Legal

Posted November 25th, 2020 in appeals, housing, local government, news, statutory duty, statutory interpretation by sally

‘When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal in this second appeal by Bromley from a s.204 appeal which had quashed Bromley’s decision that the accommodation offered was suitable.’

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Nearly Legal, 23rd November 2020

Source: nearlylegal.co.uk

Home Office broke equalities law with hostile environment measures – The Guardian

‘The Home Office broke equalities law when it introduced its hostile environment immigration measures, a critical report from the Equality and Human Rights Commission (EHRC) has concluded.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Carbon neutrality and the consistory courts – Law & Religion UK

‘The practical issues of reducing GHG emissions were considered in Re St. Mark Mitcham [2020] ECC Swk5, which concerned the replacement of an existing gas fuelled heating system. Mindful of Synod’s commitment, Chancellor Philip Petchey expressed a hope that those who involved in achieving the carbon reduction targets would find the judgment helpful.’

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Law & Religion UK, 24th November 2020

Source: lawandreligionuk.com

‘Antiquated process’: data regulator on obtaining Cambridge Analytica warrant – The Guardian

Posted November 25th, 2020 in auditors, data protection, fines, internet, news, privacy, select committees, warrants by sally

‘The information commissioner has criticised the “antiquated process” that led to Facebook getting hold of Cambridge Analytica’s servers before the UK regulator itself, and renewed calls for an international approach to data privacy to tackle the emerging threat of data havens.’

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The Guardian, 24th November 2020

Source: www.theguardian.com

Richard Huckle: Prisoner jailed over ‘poetic justice’ murder – BBC News

Posted November 25th, 2020 in child abuse, imprisonment, murder, news, prisons, sentencing, sexual offences by sally

‘A psychopathic prisoner who murdered paedophile Richard Huckle in an act of “poetic justice” has been sentenced to a minimum of 34 years in jail.’

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BBC, 24th November 2020

Source: www.bbc.com

Judge issues second ruling sharply criticising lack of suitable regulated placement for vulnerable 16-year-old woman with complex needs – Local Government Lawyer

‘A High Court judge has sent a second judgment in less than a month – this time “more in exasperated hope than expectation” – to the Children’s Commissioner for England, the Secretary of State for Education, the Minister for Children and others over the lack of regulated accommodation for vulnerable children.’

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Local Government Lawyer, 24th November 2020

Source: www.localgovernmentlawyer.co.uk

Report questions equality initiatives that “set women apart” – Legal Futures

Posted November 24th, 2020 in diversity, equality, law firms, news, reports, women by sally

‘Some of the measures used by law firms to tackle a lack of gender diversity in senior roles could be “ineffective or even counter-productive”, a report has found.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk

Proprietary Estoppel and the Matrimonial Home on the Death of a Spouse – Anaghara v Anaghara & Ors [2020] EWHC 3091 – Pump Court Chambers

Posted November 24th, 2020 in bereavement, domicile, estoppel, married persons, matrimonial home, news by sally

‘It is rare that a spouse needs to pursue a claim in proprietary estoppel to secure occupation of a matrimonial home owned by the other spouse on the latter’s death: the Inheritance (Provision for Family and Dependants) Act 1975 will usually provide a remedy. But where, as here, the deceased is not domiciled in England and Wales the 1975 Act does not apply and an interesting point arises. The trial judge had found that there had been repeated representations to the effect that the wife might live in the property for so long as she wished made over a period of more than 20 years. The wife had reasonably relied upon those representations (understandably so one might think). However, the estate argued that the wife’s long “rent-free” occupation of the property owned by her husband counted as a “countervailing benefit” which the court was obliged to weigh in the balance and might mitigate or extinguish her equity. Such a countervailing benefit has been taken into account in the case of a licensee who harvests a crop (Henry v Henry [2010] UKPC 3) of a live-in carer paying no rent (Jennings v Rice [2002] EWCA 159) and of a son-in-law paying no rent to his parents-in-law after the death of his wife (Sledmore v Dalby (1996) 72 P & CR 196). In the latter case the benefit was sufficient wholly to extinguish the equity.’

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Pump Court Chambers, 20th November 2020

Source: www.pumpcourtchambers.com

Family Law Newsletter #41 – Spire Barristers

‘Issue #41 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’

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Spire Barristers, 19th November 2020

Source: spirebarristers.co.uk

Harry Dunn’s family lose High Court battle against Foreign Office – Daily Telegraph

Posted November 24th, 2020 in costs, costs capping orders, dangerous driving, diplomats, immunity, news, treaties by sally

‘Harry Dunn’s parents have lost their High Court battle against the Foreign Office over whether their son’s alleged killer had diplomatic immunity.’

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Daily Telegraph, 24th November 2020

Source: www.telegraph.co.uk

‘I don’t like acts of dishonesty by the state’: Jolyon Maugham QC on Covid cronyism – The Guardian

‘Over the past few years, Jolyon Maugham QC, founder of the Good Law Project, has become an unmissable presence on Twitter. But unlike most keyboard warriors – anonymously vocal about Brexit, trading memes over mask-wearing and gender politics – he has only ever seen the social media platform as a means to an end. “I really don’t like this phenomenon of disinterested observers pointing out things that are going wrong,” he says. “I want to be in the club of people who actually put skin in the game to make it better, rather than merely making clever observations from the sidelines.”’

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The Guardian, 22nd November 2020

Source: www.theguardian.com

Still no rules but full steam to April for whiplash reforms, says MoJ – Legal Futures

‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk

New Act – legislation.gov.uk

Posted November 24th, 2020 in benefits, legislation, social security by tracey

Social Security (Up-rating of Benefits) Act 2020

Recent Statutory Instruments – legislation.gov.uk

Posted November 24th, 2020 in legislation by tracey

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 20) Order 2020

The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2020

The National Health Service (Dental Charges) (Amendment) Regulations 2020

The General Optical Council (Committee Constitution, Registration and Fitness to Practise) (Coronavirus) (Amendment) Rules Order of Council 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 24th, 2020 in law reports by tracey

Supreme Court

Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 (20 November 2020)

Court of Appeal (Civil Division)

Sotheby’s v Mark Weiss Ltd & Ors [2020] EWCA Civ 1570 (23 November 2020)

Court of Appeal (Criminal Division)

Whittington, R v [2020] EWCA Crim 1560 (23 November 2020)

High Court (Administrative Court)

Whitehead (On Behalf of the Copthorne Village Association), R (On the Application Of) v Mid Sussex District Council [2020] EWHC 3166 (Admin) (23 November 2020)

High Court (Chancery Division)

Cole v Carpenter & Ors [2020] EWHC 3155 (Ch) (23 November 2020)

BWT Aktiengesellschaft v Force India Formula One Team Ltd & Anor [2020] EWHC 3187 (Ch) (23 November 2020)

High Court (Commercial Court)

PAO Tatneft v Ukraine [2020] EWHC 3161 (Comm) (23 November 2020)

Republic of Kazakhstan v World Wide Minerals Ltd & Anor [2020] EWHC 3068 (Comm) (23 November 2020)

Roberts v The Royal Bank of Scotland PLC [2020] EWHC 3141 (Comm) (23 November 2020)

High Court (Queen’s Bench Division)

XM (By His Father and Litigation Friend FM) v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) (23 November 2020)

Source: www.bailii.org