London borough wins High Court battle with tenant on banding and overcrowding – Local Government Lawyer

Posted May 28th, 2020 in families, housing, judicial review, local government, news by sally

‘The London Borough of Southwark was entitled to conclude a family was not in the highest category of overcrowding because it had voluntarily moved into accommodation that would become statutorily overcrowded as its children grew older.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Ronan Cormacain: Instinct or rules: making moral decisions in the Cummings scandal – UK Constitutional Law Association

Posted May 28th, 2020 in coronavirus, news, rule of law by sally

‘How should individuals conduct themselves during a public health emergency, and more specifically how much reliance should we have on “instinct” and “rules”? Dominic Cummings, the Prime Minister’s chief adviser, has been accused of breaking the social distancing rules. The allegations revolve around travelling from London to Durham to isolate himself and his family, as well as taking additional trips whilst in that isolation. The specific law he is alleged to have breached is regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Regulation 6(1) provides that “During the emergency period, no person may leave or be outside of the place where they are living without reasonable excuse.” In the course of defending his adviser, the Prime Minister argued that “he followed the instincts of every father” in seeking to protect his family. In response, Independent journalist Tom Peck stated that; “There is no guidance in place anymore, none at all. Just do what Dominic Cummings did and ‘follow your instincts’ and you’ll end up in the right place”.’

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UK Constitutional Law Association, 28th May 2020

Source: ukconstitutionallaw.org

Housing lawyers group hits out at plans for resumed possession hearings in London – Local Government Lawyer

‘The Housing Law Practitioners Association (HLPA) has condemned proposals for resumed possession hearings in London courts as “unconscionable” and “naïve”.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Court of Appeal says coronavirus stay also covers appeals against possession orders – Local Government Lawyer

‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Business and Property: ToLATA update May 2020 – St Ives Chambers

Posted May 28th, 2020 in appeals, chambers articles, land registration, news, trusts, valuation by sally

‘By way of observation, the principle set out in Bagum-v-Hafiz [2015] EWCA Civ 801 whereby a beneficiary under a trust of land may effectively buy out the others interests appears to be increasingly applied and it has been recently considered in the Court of Appeal case of In the matter of the Estate of Roger Kingsley sub nom (1) Karim Sophie Kingsley (2) Aaron Richard Playle (as Executors of the Estate of Roger John Kingsley) v Sally Margaret Kingsley [2020] EWCA Civ 297. There, the Court of Appeal rejected the appeal that in a farming partnership case the judge had not been entitled to make an orderforsale at a court-assessed price rather than ordering a sale on the open market. Unlike a trustee, the court was not required to get the best price for the property. The Court rejected the notion that Bagum required some sort of valuation threshold to be overcome. On the contrary, Bagum was authority for the proposition that valuation (and the risk that the court-assessed value would not necessarily be the same as the price in an open market sale) was clearly a discretionary matter.’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Why British Troops Must Not Be Placed Above The Law – Each Other

Posted May 28th, 2020 in armed forces, bills, news, time limits, torture, war crimes by sally

‘The outbreak of Covid-19 has demonstrated how quickly our established ideas and normalised ways of thinking can be changed. Work that was called ‘low-skilled’ is now recognised as ‘essential’, the nation has hailed nurses as ‘heroes’, and face masks are a part of routine life.’

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Each Other, 22nd May 2020

Source: eachother.org.uk

When 52 is also 51 because 55. – Nearly Legal

‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’

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Nearly Legal, 27th May 2020

Source: nearlylegal.co.uk

Covid-19 remote hearings “must not become settled norm” – Legal Futures

Posted May 28th, 2020 in coronavirus, families, family courts, news, remote hearings by sally

‘Remote hearings have been a successful emergency measure but should not be taken as establishing a settled mode of operation for the family courts after Covid-19, a leading judge has warned.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

29,000 claims a year despite 50 years since Equal Pay Act – The Guardian

‘A consistently high number of workers are alleging that their employers are illegally paying them less than colleagues in similar roles, according to research released to mark the 50th anniversary of the Equal Pay Act.’

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The Guardian, 25th May 2020

Source: www.theguardian.com

Recognition of foreign marriage—implications of (Padero-Mernagh v Mernagh) – Family Law

‘Cases involving bigamy are relatively rare, and the judgment of Williams J in Padero-Mernagh v Mernagh provides a useful analysis of the relevant law in that regard. Of particular note, however, is the way in which the final hearing was dealt with remotely, in light of the COVID-19 pandemic.’

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Family Law, 28th May 2020

Source: www.familylaw.co.uk

Children in care and vaccinations: who decides? – UK Human Rights Blog

‘In the current circumstances, this case has important resonances and maybe even implications for future vaccinations. It was an appeal by the parents of a ten year old child against a decision that the local authority, had lawful authority to have the child vaccinated (pursuant to Section 33(3) of the Children Act 1989.’

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UK Human Rights Blog, 28th May 2020

Source: ukhumanrightsblog.com

Conveyancers lobby for furloughing flexibility – Legal Futures

Posted May 28th, 2020 in conveyancing, coronavirus, emergency powers, employment, housing, news by sally

‘Conveyancers and other property stakeholders have called on Chancellor Rishi Sunak to allow them to move staff in and out of furlough on a weekly basis as the home-moving market recovers.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Chancery Lane calls for ‘best practice’ document on remote hearings in family courts, warns of “guidance fatigue” – Local Government Lawyer

‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’

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Local Government Lawyer, 27th May 2020

Source: www.localgovernmentlawyer.co.uk

Dealing with estate administration – Family Law

‘It is the job of Executors (appointed under a Will) or Administrators (entitled by law where there is no Will) to deal with administering the estate of someone who has died.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

BSB to review rules on barristers’ conduct outside practice – BBC News

‘The Bar Standards Board (BSB) is to review its approach to policing barristers’ conduct outside of practice, Legal Futures can reveal.’

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Legal Futures, 28th May 2020

Source: www.legalfutures.co.uk

Alarm over five suicides in six days at prisons in England and Wales – The Guardian

Posted May 28th, 2020 in coronavirus, death in custody, mental health, news, prisons, statistics, suicide by sally

‘Five suicides have been recorded in prisons in England and Wales in just six days, the Guardian understands, fuelling fears that a highly restrictive regime in place to combat the spread of the coronavirus is having a devastating impact on inmates.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

New tax changes that may impact on divorcing couples – Family Law

Posted May 28th, 2020 in capital gains tax, divorce, families, news, taxation by sally

‘The start of the new tax year has understandably almost arrived unnoticed due to the pandemic, however, there are some pretty big changes which came into effect from 6 April 2020 which may particularly impact divorcing couples.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

First hijab-wearing UK court judge hopes to be ‘trailblazer’ – BBC News

‘A woman who is the first UK deputy district judge to wear a hijab said she hoped to be a “trailblazer”.’

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BBC News, 27th May 2020

Source: www.bbc.co.uk

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

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The Guardian, 27th May 2020

Source: www.theguardian.com