Courts have no jurisdiction over “unwise” decisions where subject has capacity – Local Government Lawyer

‘The Mental Capacity Act 2005 does not permit the courts to intervene to prevent someone from making decisions that are unwise or damaging to them if they have the necessary capacity, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Villiers v Villiers – Blackstone Chambers

‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’

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Blackstone Chambers, 1st July 2020

Source: www.blackstonechambers.com

The Criminal Procedure Rules – Not Just for Decoration by Paul Canfield – Broadway House Chambers

‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’

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Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

UK Sanctions regime targets Human Rights abusers – Doughty Street Chambers

Posted July 10th, 2020 in chambers articles, human rights, news, sanctions by sally

The UK Foreign Secretary, Dominic Raab, has finally introduced a long awaited equivalent to the US Magnitsky Act.

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Doughty Street Chambers, 7th July 2020

Source: insights.doughtystreet.co.uk

The New Cost Rules – A Focused Approach – Becket Chambers

‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’

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Becket Chambers, 6th July 2020

Source: becket-chambers.co.uk

Ronan Cormacain: “Social Distancing” of Emergency Legislation during the Covid-19 Pandemic – UK Constitutional Law Association

Posted July 10th, 2020 in constitutional law, coronavirus, emergency powers, news by sally

‘Ordinary legislation is different in its content and method of enactment from emergency legislation. But the risk is that the longer the Covid-19 pandemic continues, the less distinct these two types of law become, and that emergency legislation becomes the new normal. The structural solution proposed to this problem is “social distancing” of emergency legislation – that emergency laws are kept separate and distinct from ordinary laws. The more we conceive of them as abnormal, the more we maintain a gap between them and our ordinary laws, the easier it will be to dump emergency laws when the pandemic is over, and the less chance they will be used for illegitimate purposes.’

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UK Constitutional Law Association, 10th July 2020

Source: ukconstitutionallaw.org

Danny Dix killing: Three jailed over Rotherham attack – BBC News

Posted July 10th, 2020 in affray, homicide, imprisonment, news, sentencing by sally

‘Three men have been jailed for killing a father-of-one in a fight following a football match.’

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BBC News, 9th July 2020

Source: www.bbc.co.uk

Extradition and International update – 5SAH

Posted July 10th, 2020 in chambers articles, extradition, international law, news by sally

‘The newsletter features the following articles & videos:

– Louisa Collins: German Local Courts are Competent to Issue EAWs.
– Georgia Beatty: For Lexis Nexis – Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth).
– Ben Keith and Georgia Beatty: 5SAH Video – Anne Sacoolas – Extradition, Interpol and diplomatic immunity unravelled.
– Georgia Beatty: Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible?’

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5SAH, 1st July 2020

Source: www.5sah.co.uk

Costs and the expert – No. 5 Chambers

Posted July 10th, 2020 in chambers articles, children, costs, expert witnesses, families, news by sally

‘Dewinder Birk of No5’s Family Group has set out two cases dealing with two different aspects of experts’ costs in private children cases, but both of which highlight the robustness of the higher courts in exercising discretion in relation to costs when dealing with such matters.’

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No. 5 Chambers, 1st July 2020

Source: www.no5.com

Court of Appeal upholds “unparalleled” Housing (Wales) Act 2014 eviction rules – Local Government Lawyer

Posted July 10th, 2020 in appeals, housing, landlord & tenant, licensing, news, notification, repossession, Wales by sally

‘Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Former Uber driver who plotted tourist terror rampage jailed for life after five-month undercover operation – Daily Telegraph

Posted July 10th, 2020 in imprisonment, news, sentencing, terrorism by sally

‘A jihadist who plotted a gun and knife rampage at busy London tourist sites has been jailed for life following a five-month undercover operation.’

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Daily Telegraph, 9th July 2020

Source: www.telegraph.co.uk

PI lawyers and insurers expect dip in RTA claims – Litigation Futures

‘Personal injury (PI) law firms and insurers expect a dip in workload over the next six months as a result of Covid-19 but expect the market to have recovered by the end of 2021, a survey has suggested.’

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Litigation Futures, 10th July 2020

Source: www.litigationfutures.com

High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

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UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Council faces judicial review over SEND cuts – Local Government Lawyer

‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Sunderland Christian foster service ‘must allow gay carers’ says High Court – Local Government Lawyer

‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Proposal To Scrap Juries ‘Shocking’ Amid Black Lives Matter Movement – Each Other

‘Proposals to scrap juries for some trials to reduce court backlogs would remove the “only part of the criminal justice process” proven not to discriminate against minority ethnic groups, a legal expert has warned.’

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Each Other, 9th July 2020

Source: eachother.org.uk

Review launched into police ‘race discrimination’ – BBC News

‘The police watchdog is launching a review into whether officers across England and Wales racially discriminate against ethnic minorities.’

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BBC News, 10th July 2020

Source: www.bbc.co.uk

Judges quash decision not to prosecute diplomat over alleged trafficking – The Guardian

‘A woman who says it seems the Crown Prosecution Service did not consider her “trafficked enough” after being brought into the UK by a diplomat from the United Arab Emirates is celebrating after a high court ruling quashed a decision not to prosecute him.’

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The Guardian, 9th July 2020

Source: www.theguardian.com

Landmark Supreme Court Judgment on Interchange Fees – Monckton Chambers

Posted July 10th, 2020 in appeals, banking, chambers articles, competition, fees, news, Supreme Court by sally

‘On 17 June 2020, the Supreme Court (Lords Reed, Hodge, Lloyd-Jones, Sales and Hamblen) handed down a landmark judgment on whether certain fees which are paid by merchants to banks under the Visa and Mastercard payment card schemes breach competition law. The judgment finally settles years of litigation in the UK courts, and deep divisions in the rulings which had been given in the lower courts and tribunals. It is also the first judgment of the Supreme Court dealing with the Court of Appeal’s powers of remittal.’

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Monckton Chambers, July 2020

Source: www.monckton.com

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’

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Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk