It’s Not Your Vault: Adverse Possession in King & Anor v The Benefice of Newburn In the Diocese of Newcastle – Hardwicke Chambers

Posted March 20th, 2020 in adverse possession, chambers articles, Church of England, land registration, news, tribunals by sally

‘According to the statistics held by HM Land Registry, some 15% of land in England and Wales is unregistered. In particular, much of the land owned by the Crown, the aristocracy and the Church has not been registered, because there has been no change in ownership of the land since compulsory registration on sale of land was introduced.’

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Hardwicke Chambers, 3rd March 2020

Source: hardwicke.co.uk

Coronavirus: What Happens To Prisoners? – Each Other

Posted March 20th, 2020 in codes of practice, coronavirus, detention, health, health & safety, immigration, news, prison officers, prisons by sally

‘The UK government has urged the country to maintain “social distancing” as the coronavirus death toll rises. How does this work for the more than 83,000 people in Britain’s often overcrowded prisons?’

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Each Other, 19th March 2020

Source: eachother.org.uk

Final hearings to go online “very shortly”, says Lord Chief – Litigation Futures

Posted March 20th, 2020 in civil justice, coronavirus, courts, families, family courts, health, health & safety, internet, live link evidence, news by sally

‘Final hearings and hearings with contested evidence in civil and family cases will “inevitably” be conducted using technology very shortly, the Lord Chief Justice has warned.’

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Litigation Futures, 19th March 2020

Source: www.litigationfutures.com

Thoughts on financial regulation in the time of Covid-19 – 11 KBW

Posted March 20th, 2020 in chambers articles, coronavirus, financial regulation, financial services ombudsman, news by sally

‘This note sets out some thoughts and information on the current crisis.’

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11 KBW, 19th March 2020

Source: www.11kbw.com

Wiltshire woman jailed for smuggling crystal meth in dolls – BBC News

Posted March 20th, 2020 in drug offences, drug trafficking, imprisonment, news, sentencing by sally

‘A woman who helped smuggle crystal meth with a street value of nearly £1m into the UK disguised as dolls and coffee beans has been jailed.’

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BBC News, 19th March 2020

Source: www.bbc.co.uk

Jhuti in the context of unfair dismissal proceedings – 3PB

Posted March 20th, 2020 in chambers articles, employment, employment tribunals, news, sexual offences, unfair dismissal by sally

‘The Claimant (“C”), at the time of his dismissal, had worked for the Respondent (“R”) for a number of years and was employed as a Deputy Team Leader in the family intervention programme. He had been seconded however to a role within the Acton Team as a Support Worker. The complainant, referred to in the Judgment as “SR”, was a university student who was undertaking a 3-month work placement with R within the Ealing Team. She had shadowed C on 2 occasions but wasn’t mentored or supervised by him.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers

Posted March 20th, 2020 in chambers articles, children, contact orders, families, family courts, news, parental rights by sally

‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’

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Becket Chambers, 2nd March 2020

Source: becket-chambers.co.uk

Court of Appeal finds for council in dispute over false statement and social housing – Local Government Lawyer

Posted March 20th, 2020 in appeals, deceit, housing, landlord & tenant, local government, news by sally

‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

Ava-May Littleboy: No safety procedure in place, finds jury – BBC News

Posted March 20th, 2020 in causing death of children or vulnerable adults, children, health & safety, inquests, news, standards by sally

‘An inquest jury has criticised the safety management of an inflatable trampoline which exploded and threw a three-year-old girl to her death.’

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BBC News, 19th March 2020

Source: www.bbc.co.uk

R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers

Posted March 20th, 2020 in appeals, chambers articles, costs, documents, gender, government departments, human rights, news, passports by sally

‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’

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Blackstone Chambers, 10th March 2020

Source: www.blackstonechambers.com

Bar students urge BSB to reconsider exam delay – Legal Futures

Posted March 20th, 2020 in barristers, coronavirus, delay, examinations, health, internet, legal education, news by sally

‘Students on the Bar professional training course (BPTC) have written a letter to the Bar Standards Board (BSB) to object to its decision to cancel the April sitting of the centralised examinations due to the coronavirus.’

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Legal Futures, 20th March 2020

Source: www.legalfutures.co.uk

Further Lessons from Lehman Bros: The Court’s Control of Office Holders – Hardwicke Chambers

Posted March 20th, 2020 in administrators, appeals, banking, chambers articles, coronavirus, debts, insolvency, news by sally

‘When major financial institutions go to the wall the ensuing legal squabbles over the carcases often provide rich seams that can be mined to provide judicial clarification of the law for the benefit of all. The spectacular collapse of the Lehman Brothers empire is no exception and the latest chapter does not disappoint. In Lehman Brothers Australia Ltd (In Liquidation) v Macnamara & Ors (Joint Administrators of Lehman Brothers International (Europe) (In Administration)) [2020] EWCA Civ 321, the Court of Appeal (Patten, David Richards, Newey LJJ) has provided some timely and useful clarification on the correct test for the court to apply when considering the exercise of its inherent jurisdiction to control its officers within the principle of Re Cordon, Ex p. James (1873-74) LR 9 Ch App 609 or through the more specifically targeted statutory provisions for such control, as for example those in para 74 of Schedule B1 to the Insolvency Act 1986 (IA 1986) with regard to administrators. In the present climate induced by Coronavirus (COVID-19), any clarity that makes the necessity of going to court less likely is to be doubly welcomed.’

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Hardwicke Chambers, 17th March 2020

Source: hardwicke.co.uk

Employment Tribunal awards whistleblowing doctor £857,000 – Local Government Lawyer

Posted March 20th, 2020 in compensation, damages, disclosure, doctors, hospitals, news, unfair dismissal, whistleblowers by sally

‘A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.’

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Local Government Lawyer, 19th March 2020

Source: www.localgovernmentlawyer.co.uk

‘Miss Hitler’ and three others guilty of National Action membership – BBC News

Posted March 20th, 2020 in news, proscribed organisations, retrials, terrorism by sally

‘A “Miss Hitler” contest entrant and her ex-partner have been convicted of being members of the banned far-right terrorist group National Action.’

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BBC News, 19th March 2020

Source: www.bbc.co.uk

Consumer panel urges more fixed fees and SRA fining powers – Legal Futures

Posted March 20th, 2020 in consumer protection, fees, fines, legal services, news, solicitors, Solicitors Regulation Authority by sally

‘More use of fixed fees and an increase in the Solicitors Regulation Authority’s (SRA) fining powers are among recommendations made today by the Legal Services Consumer Panel.’

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Legal Futures, 19th March 2020

Source: www.legalfutures.co.uk

The Corona Virus Bill and Human Rights – British Institute of Human Rights

Posted March 19th, 2020 in bills, coronavirus, human rights, news by sally

‘The UK, and the World, are facing a health crisis that we have not seen the likes of in over 100 years. This is a worrying time for many people and there is a need for governments to respond, including ours here in the UK. At times like these, when so many of us can find ourselves in an unfamiliar (or familiar) position of vulnerability, it is vital that we can be assured safety includes the protection of our dignity and not losing the rules of fairness and respect in the way power is used to respond to this situation. Recognising the need to protect everyone’s human dignity was, after all, born out of World War 2, one of the worst crises in modern history.’

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British Institute of Human Rights, 19th March 2020

Source: www.bihr.org.uk

BAILII: Recent Decisions

Posted March 19th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Coronavirus Bill 2019-21 – Parliament.uk

Posted March 19th, 2020 in bills, coronavirus, news by sally

‘The Bill was introduced to the House of Commons and given its First Reading on Thursday 19 March 2020. This stage is formal and takes place without any debate.’

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Parliament.uk, 19th March 2020

Source: services.parliament.uk

Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts – Courts and Tribunals Judiciary

Posted March 19th, 2020 in civil justice, coronavirus, family courts, news by sally

‘Events have been moving so fast that detailed guidance on how to sustain the administration of justice in these two important jurisdictions would be overtaken by developments very quickly.’

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Courts and Tribunals Judiciary, 19th March 2020

Source: www.judiciary.uk

Killing the goose? – Hardwicke Chambers

Posted March 19th, 2020 in anonymity, demonstrations, injunctions, news by sally

‘On 5 March 2020 the Court of Appeal handed down judgment in Canada Goose UK Retail Ltd v Person Unknown [2020] EWCA Civ 303. The case concerned protests at the claimant’s Regent Street shop against the brand’s use of animal fur and down. But the Court of Appeal gave wide and authoritative guidance in relation to claims for injunctions against un-named defendants (“persons unknown.”)’

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Hardwicke Chambers, 12th March 2020

Source: hardwicke.co.uk