High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go – Local Government Lawyer

‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’

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Local Government Lawyer, 7th April 2022

Source: www.localgovernmentlawyer.co.uk

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

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St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers

‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’

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Henderson Chambers, 31st March 2022

Source: www.hendersonchambers.co.uk

Female black and Asian prisoners detail racism endured in landmark report – The Independent

Posted April 8th, 2022 in equality, news, prisons, race discrimination, racism, statistics, women by sally

‘Black and Asian women in prison are experiencing racial discrimination at the hands of staff members, a damning new report has found.’

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The Independent, 8th April 2022

Source: www.independent.co.uk

Police failed woman who killed herself in Blackburn cell, inquest finds – The Guardian

‘Police officers failed a vulnerable and suicidal woman after arresting her and putting her in a police cell where she killed herself, an inquest jury has found.’

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The Guardian, 7th April 2022

Source: www.theguardian.com

Family Law Newsletter #57 – Spire Barristers

Posted April 8th, 2022 in chambers articles, families, family courts, news by sally

‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’

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Spire Barristers, 31st March 2022

Source: spirebarristers.co.uk

Warburton v. Chief Constable of Northamptonshire Police: Applying the Statutory Test – Easier Said Than Done – Littleton Chambers

‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’

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Littleton Chambers, 21st March 2022

Source: littletonchambers.com

Future loss of earnings or Smith v Manchester? – Exchange Chambers

Posted April 8th, 2022 in accidents, chambers articles, damages, news, personal injuries by sally

‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Crypto specialists cautiously welcome regulation plans – Law Society’s Gazette

‘Specialist lawyers have cautiously welcomed the chancellor of the exchequer’s announcement that so-called stablecoins – cryptoassets with a value pegged to that of a conventional fiat currency – are to “be brought within the scope of regulation”. The announcement is part of a package of measures, including the promise of a Royal Mint “non fungible token” (NFT), to make the UK “a global hub for cryptoasset technology and investment”.’

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Law Society's Gazette, 7th April 2022

Source: www.lawgazette.co.uk

R (HM) v Secretary of State for the Home Department – Blackstone Chambers

‘The Divisional Court (Lord Justice Edis and Mr Justice Lane) have handed down an important judgment concerning the legality of the Government’s policy to search, seize and retain data from the mobile phones of migrants arriving by small boat.’

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Blackstone Chambers, 25th March 2022

Source: www.blackstonechambers.com

Rape victim sues police for naming her online – BBC News

‘A woman who was gang-raped by men claiming to be Welsh rugby players has sued the police for naming her online.’

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BBC News, 7th April 2022

Source: www.bbc.co.uk

Man jailed for 13 years for raping woman he met in Kingston nightclub – The Independent

‘A man has been jailed for 13 years after he filmed himself raping a woman he met at a nightclub.’

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The Independent, 7th April 2022

Source: www.independent.co.uk

Reproductive coercion and control in contact cases in the family courts – Law Pod UK

‘Clare Ciborowska and Richard Ager, both family law experts from the Brighton Annexe of 1 Crown Office Row, talk about the difficult subject of reproductive coercion where such allegations arise in child contact cases. Presented by Rosalind English.’

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Law Pod UK, 7th April 2022

Source: audioboom.com

How to remove someone’s citizenship and get away with it: Sharmistha Michaels writes for the Solicitors Journal -5 SAH

Posted April 8th, 2022 in bills, chambers articles, citizenship, government departments, news by sally

‘Sharmistha Michaels argues the government’s Nationality and Borders Bill could have severe consequences for citizenship.’

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5SAH, 30th March 2022

Source: www.5sah.co.uk

Restricted development: Good faith obligations in development agreements; and the Court’s inherent jurisdiction to alter the register – Falcon Chambers

Posted April 8th, 2022 in chambers articles, construction industry, contracts, jurisdiction, news by sally

‘The recent High Court decision in Quay House Admirals Way Land Ltd and another v Rockwell Properties Ltd [2022] EWHC 545 (Ch) raises and answers interesting questions about interim remedies, good faith obligations, and the inherent jurisdiction of the Court to order the alteration of the register, all of which will be of interest to all property litigators.’

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Falcon Chambers, March 2022

Source: www.falcon-chambers.com

Woman jailed for creating ‘to-do list and toolkit’ in plan to murder ex – The Independent

Posted April 8th, 2022 in attempted murder, imprisonment, news, offensive weapons, sentencing by sally

‘A 20-year-old woman who created a “meticulous” to-do list and a “murder toolkit” has been jailed for plotting to kidnap, torture and kill a former lover.’

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The Independent, 7th April 2022

Source: www.independent.co.uk

Gabriel Tan: Recent developments on declaratory relief in Public Law – UK Constitutional Law Association

Posted April 8th, 2022 in constitutional law, declaratory judgment, news by sally

‘It is often thought trite that remedies in public law are the quintessential area where judges enjoy a significant amount of discretion. In the words of Sir Clive Lewis (now Lewis LJ), “There is no perceivable rule governing which remedy to use [to remedy unlawful acts] and no particular pattern emerges from the case law.”’

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UK Constitutional Law Assoication, 6th April 2022

Source: ukconstitutionallaw.org

HS2 protestor’s conviction proportionate with human rights, High Court rules – OUT-LAW.com

‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’

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OUT-LAW.com, 5th April 2022

Source: www.pinsentmasons.com

Two Lidl ads banned over ‘misleading’ Tesco price comparison – The Guardian

Posted April 8th, 2022 in advertising, complaints, consumer protection, news, ombudsmen by sally

‘Two Lidl adverts claiming shoppers could make big savings compared with Tesco have been banned after a complaint from the rival discounter Aldi.’

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The Guardian, 6th April 2022

Source: www.theguardian.com

The boundaries of blessing applications – Re XYZ Trusts [2022] SC (Bda) 10 Civ – Wilberforce Chambers

Posted April 7th, 2022 in chambers articles, families, news, trusts by sally

‘The hearing dealt with a blessing application made by trustees in connection with the restructuring of the trust funds. of some 23 settlements between sub-funds in which separate branches of a larger family would then be beneficially interested. By the time of the hearing, the objections were limited to part of one of the three branches (“the Objectors”) on the basis that the new structure would not have sufficient liquidity.’

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Wilberforce Chambers, 31st March 2022

Source: www.wilberforce.co.uk