Current Awareness – Page 686 – Legal News selected by the Inner Temple Library

The modern family – the interpretation of children, spouses and civil partners in older trust deeds – Wilberforce Chambers

Posted February 18th, 2021 in chambers articles, children, civil partnerships, interpretation, married persons, news, trusts by sally

‘It has become cliché to say that modern familial arrangements are vastly different now to how they were 50 years ago, but that does not make it any less true. In 2019, almost half of all births were outside of a marriage or civil-partnership, and 3,440 children were adopted from local authority care. With the passage of the Marriage (Same-Sex Couples) Act 2013, and the Civil Partnership (Opposite Sex Couples) Regulations 2019, the range of relationships that can be legally recognised, and the form that this recognition takes are also very different. Given the age of many settlements, traditional definitions of “children” or “spouse” can cause real difficulties.’

Wilberforce Chambers, 17th February 2021

Source: www.wilberforce.co.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

Posted February 18th, 2021 in civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, negligence, news, personal injuries, proportionality, subsidiary companies by sally

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

Ep 136: Essential Inquest Law Updates – Law Pod UK

Posted February 18th, 2021 in inquests, legal profession, news, podcasts by sally

‘In Episode 136, Emma-Louise Fenelon speaks to Rachel Marcus and Jim Duffy about the developments inquest law practitioners will need to know about.’

Law Pod UK, 17th February 2021

Source: audioboom.com

Covid: Court rejects self-employed mothers’ sexual discrimination case – BBC News

Posted February 18th, 2021 in charities, coronavirus, government departments, news, self-employment, sex discrimination, women by sally

‘The charity Pregnant Then Screwed has lost its legal challenge against the government for indirect sexual discrimination over the amount of support self-employed mothers received.’

BBC News, 17th February 2021

Source: www.bbc.co.uk

N.A. Moreham: Police investigations: privacy, confidence and public duties – UK Constitutional Law Association

Posted February 18th, 2021 in confidentiality, misuse of private information, news, police, public interest by sally

‘The Court of Appeal has recently affirmed the proposition that a person can be liable under the misuse of private information tort for revealing that someone is the subject of a police investigation before they have been charged. This raises important questions about the relationship between the citizen and the state when the former has the latter under investigation. But so far that relationship has not been central to the courts’ decision-making on this issue. Rather, the basis for liability has been a broad-brush conclusion that a person will generally have a reasonable expectation of privacy in the fact that they “have simply come under suspicion” of the police or other state authority. This blog post will suggest there is a better way to resolve these tricky cases.’

UK Constitutional Law Association, 18th February 2021

Source: ukconstitutionallaw.org

Claimant cleared of dishonesty despite ‘wholly unreliable’ evidence – Law Society’s Gazette

Posted February 18th, 2021 in evidence, fundamental dishonesty, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’

Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Court of Appeal allows appeal by father against abuse findings over insufficient reasoning, failure by judge to take into account material factors – Local Government Lawyer

Posted February 18th, 2021 in child abuse, domestic violence, evidence, judgments, news, reasons by sally

‘The Court of Appeal has allowed an appeal by a father over a Family Court judge’s finding that he had abused his daughter, with the matter remitted to be reheard by a different judge.’

Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

17 Human Rights Groups Are Boycotting The Government’s Prevent Review – Here’s All The Context – Each Other

Posted February 18th, 2021 in human rights, Islam, minorities, news, terrorism by sally

‘Leading human rights groups including Liberty, Amnesty International and the Runnymede Trust have announced a boycott into a pending review of the Government’s Prevent Strategy.’

Each Other, 17th February 2021

Source: eachother.org.uk

BLM UK to fund ‘people’s tribunal’ for deaths in custody – The Guardian

Posted February 18th, 2021 in death in custody, news, police, prisons, tribunals by sally

‘Black Lives Matter UK has announced £45,000 of funding to the United Families and Friends Campaign to set up a “people’s tribunal” for deaths in custody.’

The Guardian, 17th February 2021

Source: www.theguardian.com

‘Patriarchal’ no-sex annulment law must be reformed says divorcing doctor – Daily Telegraph

Posted February 18th, 2021 in divorce, marriage, news by sally

‘A “patriarchal” law which allows a marriage to be annulled if it has not been consummated must be reformed, the wife of a tech boss has said after she won a legal battle for a divorce.’

Daily Telegraph, 16th February 2021

Source: www.telegraph.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

M/T Prestige litigation and arbitration: key takeaways – Hardwicke Chambers

Posted February 18th, 2021 in arbitration, contracts, injunctions, news, state immunity by sally

‘The latest two decisions arising out of the aftermath of the Prestige oil spill in 2002 have shed some light on three major areas of the English law of arbitration. The Commercial Court’s two decisions in London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain ([2020] (EWHC 1582) and The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain [2020] (EWHC 1920) provide an insightful analysis into the scope of the so-called “conditional benefit” principle, the powers of an arbitrator to grant injunctive relief and the court’s interpretation of the arbitration exception in the Brussels Recast Regulation.’

Hardwicke Chambers, 17th February 2021

Source: hardwicke.co.uk

Actor loses tribunal claim over loss of Color Purple role after homophobic comments – The Guardian

Posted February 18th, 2021 in contract of employment, employment tribunals, harassment, homosexuality, news, religious discrimination, theatre by sally

‘An actor who sued a theatre and her former agents after she was sacked when a Facebook post resurfaced has had her claim for religious discrimination, harassment and breach of contract rejected at an employment tribunal.’

The Guardian, 17th February 2021

Source: www.theguardian.com

R v R [2021] EWCA Crim 35 – Broadway House Chambers

Posted February 18th, 2021 in human rights, news, notification, statutory interpretation, terrorism by sally

‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’

Broadway House Chambers, 17th February 2021

Source: broadwayhouse.co.uk

Litigants baffled as civil procedure rules move to new site – Law Society’s Gazette

Posted February 18th, 2021 in civil procedure rules, criminal procedure, family courts, internet, litigants in person, Ministry of Justice, news by sally

‘Lawyers and litigants awoke this morning to the wholesale move of procedure rules to a government website described by one as “unusable”.’

Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

Posted February 18th, 2021 in abuse of process, choice of forum, class actions, compensation, EC law, enforcement, jurisdiction, news, pollution, stay of proceedings, striking out, water by sally

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH

Posted February 17th, 2021 in appeals, chambers articles, criminal procedure, Crown Court, drafting, enforcement notices, housing, local government, news, planning, statutory interpretation, time limits by sally

‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’

5SAH, 16th February 2021

Source: www.5sah.co.uk

Legal Services Board under fire for “neglecting impact of Covid” – Legal Futures

Posted February 17th, 2021 in barristers, coronavirus, Law Society, legal profession, Legal Services Board, news, solicitors by sally

‘The Bar Council and Law Society have accused the Legal Services Board (LSB) of failing to take into account the impact of the pandemic on the profession in its latest draft strategy.’

Legal Futures, 17th February 2021

Source: www.legalfutures.co.uk

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