Recognising marriages in non-recognised jurisdictions: MM v NA – Law and Religion UK

Posted February 13th, 2020 in news by tracey

‘The couple had married in the Republic of Somaliland in 2012 in a religious ceremony, in a further ceremony attended by family and friends, and finally by registration in the local district court in Hargeisa [1]. They had what Roberts J described as “a very happy and settled relationship” [2] and they regarded themselves as husband and wife. They were prepared to undergo a further civil ceremony in this country, but the local registrar took the view that they could not do so because they might already be married to one another [2]. The problem was that at the time the couple registered their marriage at the district court in Hargeisa, the Republic of Somaliland was not recognised by the United Kingdom as an independent legal jurisdiction [3] – so the issue arose as to whether or not, in those circumstances, they could be regarded as married under the law of England and Wales.’

Full Story

Law and Religion UK, 10th February 2020

Source: www.lawandreligionuk.com

High Court adds 255 claimants to group freezing order – OUT-LAW.com

Posted February 13th, 2020 in news by tracey

‘The High Court in London has agreed to add a further 255 claimants to a case brought by Colombian farmers against a major oil company, despite there being an interim freezing order against the company already in place.’

Full Story

OUT-LAW.com, 12th February 2020

Source: www.pinsentmasons.com

Sexual abuse: a third party’s fault? – UK Human Rights Blog

Posted February 13th, 2020 in news by tracey

‘On 30 January 2020, Mr Justice Chamberlain gave judgment in BXB v (1) Watch Tower and Bible Tract Society of Pennsylvania (2) Trustees of the Barry Congregation of Jehovah’s Witnesses [2020] EWHC 156 (QB), making an important contribution to the law of vicarious liability.’

Full Story

UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Human Rights in the Supreme Court in 2020 – Lewis Graham – UK Human Rights Blog

Posted February 13th, 2020 in news by tracey

‘It is undeniable that the Human Rights Act has had a significant impact on the work of the Supreme Court. Just under a quarter (14 of 61) of cases decided during the Court’s 2018-19 term featured a determination on at least one issue relating to the Act or the European Convention on Human Rights. The UK Supreme Court is soon to begin Hilary Term 2020, and whilst the docket of cases it is set to hear this term seems to largely steer clear of controversial human rights issues we can nonetheless be confident that 2020 will feature its usual share of big human rights cases. What follows is a short preview of some of the more interesting and controversial of those cases, all of which the Court is due to hand down at some point this year.’

Full Story

UK Human Rights Blog, 12th February 2020

Source: ukhumanrightsblog.com

Sexual assault claims ‘gagged’ by UK universities – BBC News

Posted February 13th, 2020 in bullying, news, non-disclosure agreements, sexual offences, standards, universities by tracey

‘UK universities are using “gagging” clauses to stop students from going public with complaints of sexual assault, bullying and poor teaching.’

Full Story

BBC News, 12th February 2020

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 13th, 2020 in legislation by tracey

The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020

The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020

The Local Government (Structural Changes) (Further Financial Provisions and Amendment) (Amendment) Regulations 2020

The Elections (Policy Development Grants Scheme) (Amendment) Order 2020

The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020

The Inspectors of Education, Children’s Services and Skills Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 13th, 2020 in law reports by tracey

Supreme Court

Jalloh, R (on the application of) v Secretary of State for the Home Department [2020] UKSC 4 (12 February 2020)

Court of Appeal (Civil Division)

Renew Land Developments Ltd v Welsh Ministers [2020] EWCA Civ 143 (13 February 2020)

Ministry of Defence & Support for Armed Forces of the Islamic Republic of Iran v International Military Services Ltd [2020] EWCA Civ 145 (12 February 2020)

Fearn & Ors v The Board of Trustees of the Tate Gallery [2020] EWCA Civ 104 (12 February 2020)

ZA (Pakistan), R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 146 (12 February 2020)

Court of Appeal (Criminal Division)

Odum-Toland v R. [2020] EWCA Crim 124 (12 February 2020)

The Attorney General v Peck [2020] EWCA Crim 147 (12 February 2020)

Murphy, R. v [2020] EWCA Crim 137 (12 February 2020)

High Court (Administrative Court)

National Crime Agency, Re [2020] EWHC 268 (Admin) (12 February 2020)

Wilbur Developments Ltd, R (On the Application Of) v Hart District Council [2020] EWHC 227 (Admin) (11 February 2020)

High Court (Chancery Division)

Bell & Anor v Ide & Ors [2020] EWHC 230 (Ch) (12 February 2020)

Kelly v Brennan & Ors (Rev 1) [2020] EWHC 245 (Ch) (12 February 2020)

High Court (Commercial Court)

A & Anor v C & Ors (Rev 1) [2020] EWHC 258 (Comm) (12 February 2020)

High Court (Family Division)

Moutreuil v Andreewitch & Anor [2020] EWHC 252 (Fam) (12 February 2020)

High Court (Queen’s Bench Division)

Sakho & Anor v World Anti-Doping Agency [2020] EWHC 251 (QB) (11 February 2020)

Source: www.bailii.org

Speech by The Hon Mr Justice MacDonald: Family Law – Past and Future – Courts and Tribunals Judiciary

Posted February 13th, 2020 in children, family courts, news, speeches by tracey

‘Speech by The Hon Mr Justice MacDonald: Family Law – Past and Future.’

Full speech

Courts and Tribunals Judiciary, 10th February 2020

Source: www.judiciary.uk

Bar Council wellbeing schemes ignored by barristers – Law Society’s Gazette

Posted February 13th, 2020 in barristers, bullying, mental health, news by tracey

‘Bar Council efforts to stamp out bullying and improve mental health in the profession are not working, uptake figures suggest, as discontent at the organisation grows.’

Full Story

Law Society's Gazette, 12th February 2020

Source: www.lawgazette.co.uk

MoJ rules out any major changes to bereavement damages system – Law Society’s Gazette

Posted February 13th, 2020 in accidents, bereavement, damages, news, personal injuries by tracey

‘The government has confirmed it has no plans to look more widely at the system for awarding bereavement damages to relatives.’

Full Story

Law Society's Gazette, 13th February 2020

Source: www.lawgazette.co.uk

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

Full Story

Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

Church of England may have to pay out millions over child sexual abuse – The Guardian

Posted February 13th, 2020 in child abuse, Church of England, clergy, compensation, news, sexual offences, victims by tracey

‘he Church of England could face a multimillion-pound bill after its ruling body voted in favour of compensating survivors of sexual abuse.’

Full Story

The Guardian, 12th February 2020

Source: www.theguardian.com

Tate Modern privacy row residents dealt legal blow – BBC News

Posted February 13th, 2020 in appeals, injunctions, news, nuisance, privacy by tracey

‘Flat owners overlooked by Tate Modern visitors on a viewing platform have been dealt a legal blow in a row over their privacy. Residents of Neo Bankside want to stop “hundreds of thousands of visitors” watching them from the platform. But the Court of Appeal has dismissed their claim to privacy saying they should “lower their solar blinds”.’

Full Story

BBC News, 12th February 2020

Source: www.bbc.co.uk

Watchdog rejects Met’s claim that he supported facial recognition – The Guardian

Posted February 13th, 2020 in equality, facial mapping, London, news, police by tracey

‘The official biometrics commissioner has rebuked the Metropolitan police after it falsely claimed that he supported its use of facial recognition CCTV in an equalities impact assessment published as the force made its first operational use of the controversial technology.’

Full Story

The Guardian, 12th February 2020

Source: www.theguardian.com

Teenager who murdered student because she was dressed as a goth has sentence cut – The Independent

Posted February 13th, 2020 in appeals, murder, news, sentencing, young offenders by tracey

‘One of the teenage killers who murdered a student because she dressed as a goth has had his minimum jail sentence cut by one year.’

Full Story

The Independent, 12th February 2020

Source: www.independent.co.uk

Streatham attack: Bill stopping early release of jailed terrorists passes unopposed in Commons – The Independent

Posted February 13th, 2020 in bills, news, parole, release on licence, sentencing, terrorism by tracey

‘Boris Johnson’s emergency legislation preventing automatic early release for terrorists halfway through their prison sentences has cleared all its stages in the Commons without a vote.’

Full Story

The Independent, 12th February 2020

Source: www.independent.co.uk

Fly-tipping: Organised crime behind large rise – BBC News

Posted February 13th, 2020 in gangs, local government, news, penalties, waste by tracey

‘Organised criminal gangs are being blamed for the continued rise of large fly-tipping incidents across England.’

Full Story

BBC News, 13th February 2020

Source: www.bbc.co.uk

Chloe Haines jailed for trying to open Stansted plane door mid-flight – BBC News

Posted February 13th, 2020 in aircraft, assault, endangering safety of aircraft, guilty pleas, news, sentencing by tracey

‘A woman who tried to open a passenger plane door mid-flight, prompting two fighter jets to be scrambled, has been jailed for two years.’

Full Story

BBC News, 12th February 2020

Source: www.bbc.co.uk

Former monk who sexually abused boys as young as nine jailed for more than 20 years – The Independent

Posted February 13th, 2020 in child abuse, clergy, news, sentencing, sexual offences by tracey

‘A former monk at a Catholic boarding school who sexually abused boys as young as nine has been jailed for more than 20 years.’

Full Story

The Independent, 12th February 2020

Source: www.independent.co.uk

Family of UK man who died in police custody criticises watchdog – The Guardian

‘The family of a man who died in custody last month has criticised the police watchdog for failing to recommend the suspension of officers being investigated over the circumstances of his death.’

Full Story

The Guardian, 11th February 2020

Source: www.theguardian.com