What about me?: Reframing Support for Families following Parental Separation – Courts and Tribunals Judiciary

Posted November 12th, 2020 in children, divorce, family courts, parental responsibility, press releases by sally

‘A report by the Family Solutions Group, entitled What about me?: Reframing Support for Families following Parental Separation, has been published.

President of the Family Division, Sir Andrew McFarlane, said: “This report brings together the various lines of thinking of recent years aimed at finding a better way to achieve good co-parenting between separated parents. It is an important and impressive document.”‘

Full press release

Courts and Tribunals Judiciary, 12th November 2020

Source: www.judiciary.uk

Home Office ‘missed chance to stop rise in migrant boats’ – BBC News

Posted November 12th, 2020 in asylum, government departments, immigration, news, reports, trafficking in human beings by sally

‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’

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BBC News, 11th November 2020

Source: www.bbc.co.uk

Equality watchdog clears BBC of pay discrimination against women – BBC News

Posted November 12th, 2020 in BBC, equal pay, equality, news, sex discrimination, women by sally

‘An investigation by the Equalities and Human Rights Commission has found no unlawful acts of pay discrimination against women by the BBC. But it has recommended “improvements to increase transparency and rebuild trust with women at the organisation”.’

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BBC News, 12th November 2020

Source: www.bbc.co.uk

MPs call for review of age of criminal responsibility in England and Wales – The Guardian

Posted November 12th, 2020 in children, criminal responsibility, minorities, news, young persons, youth courts by sally

‘Conservative and Labour MPs have asked the government to consider raising the age of criminal responsibility from 10 in England and Wales and to explain why a disproportionate number of children in custody are from a minority ethnic (BAME) background.’

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The Guardian, 12th November 2020

Source: www.theguardian.com

MPs demand explanation for disproportionate numbers of Black teens in custody – The Independent

Posted November 12th, 2020 in imprisonment, minorities, news, select committees, sentencing, statistics, young offenders, youth courts by sally

‘A parliamentary committee is demanding an explanation from ministers for the “disproportionate” incarceration of Black and minority ethnic (Bame) teenagers, after a report found they make up more than half of inmates youth custody.’

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The Independent, 12th November 2020

Source: www.independent.co.uk

Harry Dunn death: family begins court case against Foreign Office – The Guardian

Posted November 12th, 2020 in armed forces, dangerous driving, diplomats, families, government departments, human rights, immunity, judicial review, news, prosecutions by sally

‘The family of Harry Dunn, the 19-year-old motorcyclist killed outside a US airbase, have begun their court case seeking a ruling that the Foreign Office acted unlawfully in granting diplomatic immunity to the American driver of the car that killed him.’

Full Story

The Guardian, 11th November 2020

Source: www.theguardian.com

UK family reunion visa system puts lives at risk, says Red Cross – The Guardian

Posted November 12th, 2020 in families, news, refugees, reports, visas by sally

‘A report from the British Red Cross finds the system that gives refugees in the UK the right to bring their family to join them – one of the few existing “safe” and legal routes to Britain – is putting people in danger because of the journeys they have to take to submit their applications.’

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The Guardian, 12th November 2020

Source: www.independent.co.uk

Lucy Letby: Nurse due in court charged with murdering eight babies at Chester hospital – The Independent

Posted November 12th, 2020 in children, hospitals, murder, news, nurses by sally

‘A nurse is due to appear in court charged with the murder of eight babies and the attempted murder of another 10.’

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The Independent, 12th November 2020

Source: www.independent.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

Posted November 11th, 2020 in chambers articles, employment, employment tribunals, news, redundancy, unfair dismissal by sally

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to
undertake adhoc work as and when needed.’

Full Story

3PB, 2nd October 2020

Source: www.3pb.co.uk

Civil court recovery: More in-person hearings and longer hours – Litigation Futures

Posted November 11th, 2020 in civil justice, coronavirus, courts, delay, HM Courts Service, news, remote hearings, statistics by sally

‘Up to two-thirds of civil hearings will take place face-to-face over the coming months as the caseload increases, with longer operating hours an option for courts if needed.’

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Litigation Futures, 10th November 2020

Source: www.litigationfutures.com

Consumer Credit: Covid (Continued) and Concealed Changes – Henderson Chambers

Posted November 11th, 2020 in chambers articles, consumer credit, coronavirus, news by sally

‘The Financial Conduct Authority has again extended its Guidance on consumer debt and there are two largely unpublicised technical changes in the pipeline to beware of.’

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Henderson Chambers, 15th October 2020

Source: www.hendersonchambers.co.uk

Bar Council braces for £3m loss as Covid hits profession’s income – Legal Futures

Posted November 11th, 2020 in barristers, consultations, coronavirus, fees, news, statistics by sally

‘The Bar Council is bracing for a £3.2m loss next year with revenue from practising fees – which are tied to barristers’ income – set to tumble because of Covid-19.’

Full Story

Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

Top family judge publishes guidance on protection of domestic abuse victims in remote and hybrid hearings – Local Government Lawyer

Posted November 11th, 2020 in codes of practice, domestic violence, families, family courts, local government, news, remote hearings by sally

‘The President of the Family Division, Sir Andrew McFarlane, has published guidance on the need to protect victims of domestic abuse in remote and hybrid hearings.’

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Local Government Lawyer, 11th November 2020

Source: www.localgovernmentlawyer.co.uk

Section 21A Applications and Section 48 Orders (DP v A Local Authority) – 39 Essex Chambers

Posted November 11th, 2020 in chambers articles, Court of Protection, expert witnesses, human rights, local government, news by sally

‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’

Full Story

39 Essex Chambers, 15th October 2020

Source: www.39essex.com

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

UK to ban all online junk food advertising to tackle obesity – The Guardian

Posted November 11th, 2020 in advertising, children, consultations, food, government departments, health, internet, news by sally

‘Downing Street has unveiled plans to implement a total ban on online junk food advertising – the toughest digital marketing restrictions in the world – in an attempt to tackle the growing obesity crisis.’

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The Guardian, 10th November 2020

Source: www.theguardian.com

Virus backlogs must not become “new normal”, says Lord Chief – Legal Futures

Posted November 11th, 2020 in civil justice, coronavirus, Crown Court, delay, government departments, HM Courts Service, immigration, legal profession, news, select committees, statistics by sally

‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

The Illegality Defence in the Supreme Court again – Littleton Chambers

Posted November 11th, 2020 in appeals, chambers articles, employment, illegality, immigration, news, statutory interpretation, Supreme Court by sally

‘The common law defence of illegality was considered by the Supreme Court in Patel v Mirza [2016] UKSC 42. The Court rejected the reliance principle as applied in Tinsley v Milligan [1994] 1 AC 340, according to which relief was refused to parties who had to rely on their own illegality to establish their case. In its place, the majority adopted a more flexible approach which openly addressed the underlying policy considerations involved and invited Courts to reach a balanced judgment in each case, permitting account to be taken of the proportionality of the outcome.’

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Littleton Chambers, 4th November 2020

Source: littletonchambers.com

Cornish grandmother of drowned baby admits cruelty – BBC News

Posted November 11th, 2020 in causing death of children or vulnerable adults, child cruelty, children, families, grandparents, news, sentencing, suspended sentences by sally

‘The grandmother of a baby who drowned in a bath while she was out of the room has admitted child cruelty.’

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BBC News, 10th November 2020

Source: www.bbc.co.uk

Disability, Delusions and Definitions – Parklane Plowden

Posted November 11th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, employment, employment tribunals, equality, mental health, news, unfair dismissal by sally

‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’

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Parklane Plowden Chambers, 4th November 2020

Source: www.parklaneplowden.co.uk