The Prerogative Rules, Not the Statute: How to Place Children under Sixteen in Unregulated Placements – St Ives Chambers

‘On 9 September 2021, the law changed prohibiting local authorities from placing a child under the age of sixteen in an unregulated placement (The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021).’

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St Ives Chambers, 12th October 2021

Source: www.stiveschambers.co.uk

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

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Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk

Court of Appeal decision in Griffiths v TUI UK Ltd [2021] EWCA Civ 1442: judicial evaluation of ‘uncontroverted’ expert evidence – St John’s Chambers

Posted November 2nd, 2021 in burden of proof, cross-examination, evidence, expert witnesses, news by sally

‘Jimmy Barber of our Personal Injury team summarises the Court of Appeal’s decision in the case of Griffiths v TUI UK Ltd [2021] EWCA Civ 1442, which was handed down on 7th October 2021.’

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St John's Chambers, 18th October 2021

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #53 of Spire Barristers’ Family Law Newsletter: edited by Chloe Lee and Philippa Pudney; news and Case Reviews by Francesca Massarella. Francesca began pupillage at Spire Barristers in September 2021.’

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Spire Barristers, 27th October 2021

Source: spirebarristers.co.uk

Controlling Noise at Work: New HSE Guidance on Regulations – Ropewalk Chambers

Posted November 2nd, 2021 in employment, health & safety, news, noise, regulations by sally

‘The first edition of Controlling Noise at Work was published in 1998, and was founded on the earlier Noise at Work Regulations 1989. It was comprehensively revised in 2005 in advance of the enactment of the Control of Noise at Work Regulations 2005 from 6 April 2006. Minor amendments to the Regulations, and the passage of time, have generated the need for a third edition, which offers an opportunity to reconsider the Guidance itself, which contains a plethora of detail beyond the Regulations, and fertile material for cross-examination and submissions at trial.’

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Ropewalk Chambers, 2nd November 2021

Source: www.ropewalk.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

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Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Alleged extremist to face trial for law firm terror attack – Legal Futures

‘An alleged far-right extremist accused of attempting to launch a terror attack at a solicitors’ firm will stand trial next March, a judge decided last week.’

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Legal Futures, 2nd November 2021

Source: www.legalfutures.co.uk

Prisoner sentenced for further death threats to MP Jess Phillips – BBC News

‘A prisoner already convicted for sending death threats to MPs has been further sentenced for sending more to Jess Phillips.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

E v L [2021] EWFC 60 (Fam): Short Marriages, Section 25 Criteria and White Leopards Reconsidered – Becket Chambers

Posted November 2nd, 2021 in divorce, financial provision, matrimonial home, news, valuation by sally

‘The purpose of this article, is to consider the application of the section 25 criteria and in particular the issue of company valuation in the case of E v L [2021] EWFC 60, as decided by Mostyn J.’

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Becket Chambers, 29th October 2021

Source: becket-chambers.co.uk

When is an order under s48 AJA appropriate? That’s a matter of opinions – Wilberforce Chambers

Posted November 2nd, 2021 in interpretation, legal advice, news, trusts, wills by sally

‘S48(1) of the Administration of Justice Act 1985 empowers the High Court to authorise personal representatives or trustees to take action on the basis of counsel’s opinion where any question of construction has arisen out of the terms of a will or trust. The opinion must be given by counsel with a minimum of 10-years High Court qualification. If so authorised, the personal representative or trustee will be protected from liability for mismanagement of the estate or breach of trust.’

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Wilberforce Chambers, 21st October 2021

Source: www.wilberforce.co.uk

Toughen up rules on ministers’ conduct, says standards watchdog – BBC News

‘The rules governing the conduct of ministers and senior civil servants need to be toughened up, according to a new report.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

Landowner jailed after breach of injunction prohibiting development in woodland – Local Government Lawyer

Posted November 2nd, 2021 in environmental protection, injunctions, news, planning, sentencing, trees by sally

‘A landowner who breached a High Court injunction preventing illegal development on woodland has been sentenced to 12 months imprisonment.’

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Local Government Lawyer, 1st November 2021

Source: www.localgovernmentlawyer.co.uk

Rachel Wilson killing: Keith Hall jailed for 2002 attack – BBC News

‘A man who got a teenage girl hooked on drugs and forced her into prostitution to fund his own habit before killing her has been jailed.’

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BBC News, 1st November 2021

Source: www.bbc.co.uk

Teenager sentenced to 24 years after double-barrelled shotgun attack – The Guardian

Posted November 2nd, 2021 in attempted murder, firearms, news, sentencing, young offenders by sally

‘A teenager who shot a 15-year-old boy in the face with a double-barrelled shotgun has been sentenced to 24 years in custody for attempted murder.’

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The Guardian, 1st November 2021

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted November 1st, 2021 in legislation by sally

SI 2021/1210 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) Regulations 2021

SI 2021/1207 – The Drivers’ Hours and Tachographs (Temporary Exceptions) (No. 4) Regulations 2021

SI 2021/1205 – The Customs (Import and Export Declarations By Conduct) (Amendment) Regulations 2021

SI 2021/1213 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 17) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 1st, 2021 in law reports by sally

Court of Appeal (Civil Division)

Partington v Rossiter [2021] EWCA Civ 1564 (29 October 2021)

SM (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 1566 (29 October 2021)

Open Rights Group & Anor, R (On the Application Of) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 1573 (29 October 2021)

High Court (Chancery Division)

Macey v Pizza Express (Restaurants) Ltd [2021] EWHC 2847 (Ch) (29 October 2021)

Wang & Ors v Otaibi & Ors [2021] EWHC 2896 (Ch) (29 October 2021)

BASF Corporation & Ors v Carpmaels And Ransford (A Firm) [2021] EWHC 2899 (Ch) (29 October 2021)

High Court (Family Division)

Kaur v Bolina & Anor [2021] EWHC 2894 (Fam) (29 October 2021)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics (UK) Ltd (T/A Viatris) & Anor [2021] EWHC 2897 (Pat) (29 October 2021)

Source: www.bailii.org

Does The Spectrum 10K Autism Study Endanger Human Rights? – Each Other

Posted November 1st, 2021 in autism, children, consent, DNA, human rights, medical ethics, mental health, news by sally

‘Launched last month, Spectrum 10K is the UK’s largest study into autism to date. But according to campaigners, its ethics are questionable and autistic people are now calling for a boycott.’

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Each Other, 29th October 2021

Source: eachother.org.uk

Waiver and determining breach of lease – Nearly Legal

Posted November 1st, 2021 in covenants, housing, landlord & tenant, leases, news by sally

‘Bedford v Paragon Asra Housing Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – shared ownership lease) (2021) UKUT 266. An interesting Upper Tribunal appeal decision on whether the Tribunal can proceed to make a determination of breach of lease under section 168 Commonhold and Leasehold Reform Act 2002 where there has been a waiver of the breach by the applicant landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

Rent Repayment applications – time limits for substituting parties – Nearly Legal

Posted November 1st, 2021 in appeals, housing, jurisdiction, landlord & tenant, news, rent, striking out, time limits by sally

‘Gurusinghe & Ors v Drumlin Ltd (HOUSING – RENT REPAYMENT ORDER – Procedure) (2021) UKUT 268 (LC). Just a quick note on this one – an appeal to the Upper Tribunal on an FTT decision on an application to add a new respondent to an RRO application as the proper landlord.’

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Nearly Legal, 31st October 2021

Source: nearlylegal.co.uk

The Court of Protection and Criminal Law – UK Human Rights Blog

‘Re C [2021] EWCA Civ 1527. This is an appeal from Hayden J’s judgment in Re C [2021] EWCOP 25. The appeal was allowed on the basis that care workers making arrangements to secure the services of a sex worker for C would place the care workers in peril of committing an offence contrary to section 39 of the Sexual Offences Act 2003 (“SOA”).’

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UK Human Rights Blog, 30th October 2021

Source: ukhumanrightsblog.com