Chancery Lane calls for ‘best practice’ document on remote hearings in family courts, warns of “guidance fatigue” – Local Government Lawyer

‘The Law Society has urged the President of the Family Division to issue “best practice” and “top tips” rather than full prescriptive guidance on remote hearings.’

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Local Government Lawyer, 27th May 2020

Source: www.localgovernmentlawyer.co.uk

Dealing with estate administration – Family Law

‘It is the job of Executors (appointed under a Will) or Administrators (entitled by law where there is no Will) to deal with administering the estate of someone who has died.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

BSB to review rules on barristers’ conduct outside practice – BBC News

‘The Bar Standards Board (BSB) is to review its approach to policing barristers’ conduct outside of practice, Legal Futures can reveal.’

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Legal Futures, 28th May 2020

Source: www.legalfutures.co.uk

Alarm over five suicides in six days at prisons in England and Wales – The Guardian

Posted May 28th, 2020 in coronavirus, death in custody, mental health, news, prisons, statistics, suicide by sally

‘Five suicides have been recorded in prisons in England and Wales in just six days, the Guardian understands, fuelling fears that a highly restrictive regime in place to combat the spread of the coronavirus is having a devastating impact on inmates.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

New tax changes that may impact on divorcing couples – Family Law

Posted May 28th, 2020 in capital gains tax, divorce, families, news, taxation by sally

‘The start of the new tax year has understandably almost arrived unnoticed due to the pandemic, however, there are some pretty big changes which came into effect from 6 April 2020 which may particularly impact divorcing couples.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

First hijab-wearing UK court judge hopes to be ‘trailblazer’ – BBC News

‘A woman who is the first UK deputy district judge to wear a hijab said she hoped to be a “trailblazer”.’

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BBC News, 27th May 2020

Source: www.bbc.co.uk

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

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The Guardian, 27th May 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 28th, 2020 in legislation by sally

The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 4) Regulations 2020

The European Communities (Designation) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 28th, 2020 in law reports by sally

Court of Appeal (Civil Division)

London Borough of Hackney v Okoro [2020] EWCA Civ 681 (27 May 2020)

High Court (Chancery Division)

Challen v Challen & Anor [2020] EWHC 1330 (Ch) (27 May 2020)

Boyse (International) Ltd v Natwest Markets Plc & Anor [2020] EWHC 1264 (Ch) (27 May 2020)

TMO Renewables Ltd v Reeves & Anor [2020] EWHC 789 (Ch) (26 May 2020)

Property Protea Holdings Ltd v 119 Molyneux Road Ltd & Ors [2020] EWHC 1322 (Ch) (26 May 2020)

Brake & Ors v Lowes & Ors [2020] EWHC 1324 (Ch) (26 May 2020)

Satfinance Investment Ltd v Inigo Philbrick & Ors [2020] EWHC 1261 (Ch) (26 May 2020)

High Court (Commercial Court)

Ridley v Dubai Islamic Bank PJSC [2020] EWHC 1213 (Comm) (26 May 2020)

High Court (Technology and Construction Court)

Platform Interior Solutions Ltd v ISG Construction Ltd [2020] EWHC 1310 (TCC) (27 May 2020)

Boygues (UK) Ltd v Sharpfibre Ltd [2020] EWHC 1309 (TCC) (27 May 2020)

Source: www.bailii

Can urns be buildings? Supreme Court rules in landmark listing dispute – Law Society’s Gazette

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’

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Law Society's Gazette, 20th May 2020

Source: www.lawgazette.co.uk

TCC decides adjudicator did not stray off course – Practical Law Construction Blog

‘This was a case about the enforcement of an adjudicator’s decision (as so many are) and involved many of the usual arguments (as so many do), such as did the adjudicator have jurisdiction to reach the decision and was there a breach of the rules of natural justice? Unusually, the judge also had to consider an application to serve proceedings out of the jurisdiction, something I’m not really familiar with but, luckily, Helena White has already talked about that in her blog. That means I don’t need to mention whether enforcement proceedings should have been started in England or Northern Ireland, and leaves me to look at the jurisdiction and natural justice issues in more detail.’

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Practical Law Construction Blog, 13th May 2020

Source: constructionblog.practicallaw.com

Keeping families together: the role of the court in child reunification – Family Law

Posted May 27th, 2020 in children, families, family courts, guardianship, news, supervision orders by sally

‘On May 11th the first meeting of a newly formed sub-group of the Public Law Working Group took place to review practice, guidance, regulations and the effectiveness of the law on supervision orders. Authorised by the President of the Family Division, the working party will be led by Professor Judith Harwin, Centre for Child and Family Justice, Lancaster University and Mr. Justice Keehan. It is the first review of the legislation since its enactment in the Children Act 1989.’

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Family Law, 26th May 2020

Source: www.familylaw.co.uk

Illusory Open Justice: A Kafkan Attempt to Observe Magistrates Courts in the Time of COVID-19 – Transparency Project

Posted May 27th, 2020 in coronavirus, criminal justice, magistrates, news, remote hearings by sally

‘COVID-19 has taken a hammer to the already fragile transparency in our justice system. Open justice means that justice must not only be done but must be seen to be done. While journalists and court reporters can bring what happens in court to houses around the country, public access to our courts ensures judges and lawyers are sufficiently scrutinised. The coronavirus pandemic and the transition to virtual courts has all but severed public access to magistrates’ courts, risking the routine occurrence of miscarriages of justice with little prospect of correction.’

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Transparency Project, 27th May 2020

Source: www.transparencyproject.org.uk

New Judgment: Dill v Secretary of State for Housing, Communities and Local Government & Anor [2020 UKSC 20] – UKSC Blog

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’

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UKSC Blog, 27th May 2020

Source: ukscblog.com

Costs settlement offer didn’t end at the door of the court, High Court rules – Law Society’s Gazette

Posted May 27th, 2020 in costs, news, time limits by sally

‘The High Court has ruled that a costs settlement offer did not lapse when the detailed assessment had started – and the claimant was entitled to accept it mid-hearing.’

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Law Society's Gazette, 26th May 2020

Source: www.lawgazette.co.uk

Patents – Rockwool International A/S v Knauf Insulation Ltd – NIPC Law

Posted May 27th, 2020 in appeals, news, patents by sally

‘This was an appeal from the refusal of the hearing officer, Mr Huw Jones, to revoke British patents GB2451719 (“719”) and GB2496951(“951”) (see Rockwool International A/S and Knauf Insulation Limited BL 0/291/19 28 May 2019).’

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NIPC Law, 23rd May 2020

Source: nipclaw.blogspot.com

New Judgment: Cardtronics UK Ltd & Ors v Skyes & Ors (Valuation Officers) – UKSC Blog

Posted May 27th, 2020 in banking, news, rates, Supreme Court by sally

‘These appeals concern the treatment for rating purposes of ATMs situated in supermarkets or shops owned and operated by the retailers. The issues raised by the case were whether the sites of the ATMS are to be properly identified as separate hereditaments from the stores and if so who was in rateable occupation of the separate hereditaments. Hereditament is defined in the General Rate Act 1967, s 115 (1) as “property which is or may become liable to a rate, being a unit of such property which is, or would fall to be, shown as a separate item on the valuation list”.’

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UKSC Blog, 26th May 2020

Source: ukscblog.com

AS v CPW: The Court retrospectively grants a time limited relocation of a child wrongly removed to, and retained in Sierra Leone – Family Law

Posted May 27th, 2020 in child abduction, children, news, retrospectivity, time limits by sally

‘In short, the case concerns three children but the judgement largely deals with the eldest child, B, a 14-year-old boy who was wrongly removed and retained by the mother in Sierra Leone. The younger two children remain in England with the mother. The father applied in wardship for a summary inward return order for B. Ten months ago, the mother took B to Sierra Leone and left him there with her mother (who is highlighted in the case, to be a police officer in Sierra Leone). The father also applied for Child Arrangement Order for contact with the children. The mother then cross-applied for an order permitting her retrospectively relocating B to Sierra Leone until the summer of 2022 to enable him to conclude his GCSEs at a school in Sierra Leone.’

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Family Law, 22nd May 2020

Source: www.familylaw.co.uk

COVID-19 and Corporate Insolvency – Initial Indications on the Ban on Statutory Demands and Winding Up Petitions – 3 Hare Court

Posted May 27th, 2020 in coronavirus, insolvency, news, statutory demands, winding up by sally

‘The economic consequences of the COVID-19 pandemic are putting incredible pressures on companies of all kinds and sizes. The UK Government has been at pains to signal its support for business during the COVID-19 pandemic, most notably the furloughing scheme and company loans announced by the Chancellor, and further announcements by the Business Secretary seeking to reduce the burden on businesses and keep companies running.’

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3 Hare Court, 11th May 2020

Source: www.3harecourt.com

Has coronavirus changed the UK justice system for ever? – The Guardian

‘The pandemic has led to big changes in trials, many of of which are likely to be permanent.’

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The Guardian, 24th May 2020

Source: www.theguardian.com