Myths and Realities about Equal Marriage – UK Human Rights Blog

“The Marriage (Same Sex Couples) Bill is back before Parliament today for the ‘Report Stage’. The latest version of the Bill is here, updated explanatory notes here, and the full list of proposed amendments here. Predictably, the amendments are the focus of much controversy.”

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UK Human Rights Blog, 20th May 2013

Source: www.ukhumanrightsblog.com

The meaning of care and attention – NearlyLegal

“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”

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NearlyLegal, 20th May 2013

Source: www.nearlylegal.co.uk

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Posted May 20th, 2013 in news by sally

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Interview: Chris Grayling – Law Society’s Gazette

“In his foreword to the consultation on ‘transforming’ legal aid, justice secretary Chris Grayling explains that change is needed to ‘boost public confidence’ and cut costs, which he claims have ‘spiralled out of control’. Speaking to the Gazette, he offers no empirical evidence that the public has lost confidence in the system. But he claims to have received ‘lots of letters and emails’ from people concerned about legal aid entitlement. He alludes to prisoners getting legal aid ‘to argue they should have a different cell’, and migrants receiving civil legal aid.”

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Law Society’s Gazette, 20th May 2013

Source: www.lawgazette.co.uk

What Place does Wardship have in Modern Family Proceedings? – Family Law Week

Posted May 20th, 2013 in care orders, children, jurisdiction, local government, news, wardship by sally

“Leanne Buckley-Thomson, barrister at 12 College Place, provides an overview of wardship and considers its usefulness in modern family proceedings.”

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Family Law Week, 18th May 2013

Source: www.familylawweek.co.uk

Good Intentions are Not Enough: Thompson v Hurst – Family Law Week

Posted May 20th, 2013 in appeals, cohabitation, housing, land registration, mortgages, news by sally

“Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.”

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Family Law Week, 16th May 2013

Source: www.familylawweek.co.uk

Home Office calls for evidence in Balance of Competences Review – Home Office

Posted May 20th, 2013 in asylum, consultations, freedom of movement, immigration, news by sally

“The government has today launched calls for evidence on the balance of powers between the UK and the European Union on asylum and immigration, and on the Free Movement of Persons.”

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Home Office, 16th May 2013

Source: www.gov.uk/home-office

Stop and Tase? – Criminal Law and Justice Weekly

Posted May 20th, 2013 in consultations, damages, judicial review, news, police, statistics, weapons by sally

“Last month saw the launch of the judicial review of the ‘Taser Roll-out Programme’. The landmark challenge comes after the Metropolitan Police Service and the Mayor’s Office for Policing and Crime (MOPAC) began the roll-out of Tasers across all 32 boroughs of London without holding a public consultation or providing the public with information about the Programme. Forty officers in each borough will be trained to use the Taser; eight officers per shift and two Emergency Response Teams will have Tasers with them at any one time. The judicial review also raises the issue that there was a legitimate expectation that the ‘Taser Policy’ across London would remain in force and that there is an arguable breach of art.2 and 3 of the European Convention of Human Rights in continuing with the implementation of the Programme.”

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Criminal Law and Justice Weekly, 18th May 2013

Source: www.criminallawandjustice.co.uk

OFT issues warning over personalised pricing transparency – OUT-LAW.com

“Businesses must be more transparent about the way they collect information about consumers in order to offer personalised prices for goods and services online, the Office of Fair Trading (OFT) has said.”

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OUT-LAW.com, 20th May 2013

Source: www.out-law.com

Elena Ambrosiadou wins legal battle with ex-husband Martin Coward over software: They might be rich – but judge isn’t buying it in ‘toxic’ divorce – The Independent

Posted May 20th, 2013 in divorce, evidence, financial dispute resolution, news by sally

“Two hedge fund tycoons whose marriage ‘turned toxic’ were accused by a judge yesterday of giving ‘tainted’ evidence in their battle over the spoils of their failed relationship.”

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The Independent, 17th May 2013

Source: www.independent.co.uk

Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

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OUT-LAW.com, May 2013

Source: www.out-law.com

When are the proceeds of an agent’s breach of fiduciary duty held on trust? – Sports Law Bulletin from Blackstone Chambers

“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”

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Sports Law Bulletin from Blackstone Chambers, 20th May 2013

Source: www.sportslawbulletin.org

Criminal legal aid cuts to reach £370m – Law Society’s Gazette

Posted May 20th, 2013 in budgets, consultations, fees, legal aid, news, solicitors by sally

“The Ministry of Justice has confirmed that projected savings of £150m in fee cuts will not, as was expected, count towards required cuts of £220m a year – taking cuts in criminal legal aid to £370m.”

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Law Society’s Gazette, 17th May 2013

Source: www.lawgazette.co.uk

Workfare placements must be made public, tribunal rules – The Guardian

“The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”

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The Guardian, 19th May 2013

Source: www.guardian.co.uk

Pending appeal against dismissal did not mean former employee transferred under TUPE, says EAT – OUT-LAW.com

“A former employee who was awaiting an appeal against her dismissal was not ’employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”

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OUT-LAW.com, 17th May 2013

Source: www.out-law.com

Balance of Competences Review: Call for Evidence on Civil Judicial Cooperation (including family matters) – Ministry of Justice

Posted May 20th, 2013 in civil justice, consultations, EC law, news by sally

“The Balance of Competences Review, launched by the Government last summer, is an opportunity for people to have their say on what the EU does and how it affects the UK. This piece of work will deepen our understanding of EU membership, and help shape the UK’s policies in relation to the EU.”

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Ministry of Justice, 16th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Night Shelters, dwellings and housing benefit – NearlyLegal

Posted May 20th, 2013 in benefits, homelessness, hotels, housing, local government, news, tribunals by sally

“This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance.”

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NearlyLegal, 19th May 2013

Source: www.nearlylegal.co.uk

Roundtable: immigration – Law Society’s Gazette

“Immigration has proved a toxic issue for recent Home Office ministers. In 2004 home secretary David Blunkett resigned following revelations that a visa application had been fast-tracked. Immigration minister Beverley Hughes resigned after admitting she ‘unwittingly’ misled people about a suspected visa ‘scam’. Charles Clarke resigned as home secretary in 2006 after intense pressure over the release of foreign prisoners who could have been deported at the end of their custodial term.”

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Law Society’s Gazette, 20th May 2013

Source: www.lawgazette.co.uk

Mairead Philpott to appeal against 17-year jail sentence – The Guardian

Posted May 20th, 2013 in appeals, arson, homicide, news, sentencing by sally

“A mother jailed for 17 years for killing her six children in a house fire is to appeal against the length of her sentence, her lawyers have said.”

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The Guardian, 19th May 2013

Source: www.guardian.co.uk

Detainees win torture claims test case – BBC News

Posted May 20th, 2013 in asylum, compensation, detention, immigration, news, torture by sally

“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk