Fatal Accident Act Apportionment – a pragmatic solution to an unusual problem? – 12 King’s Bench Walk

Posted February 21st, 2020 in accidents, apportionment, bereavement, chambers articles, children, damages, families, news by sally

‘The decision of Master Cook in ARN v Ageas Insurance Ltd (27/1/2020), when approving a Fatal Accident Act settlement involving four children, provides a novel and pragmatic solution to a difficult apportionment problem. A single mother was killed in a road traffic accident, leaving four young children. The children were the deceased’s only dependants and their claim was settled for a substantial lump sum.’

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12 King's Bench Walk, 13th February 2020

Source: www.12kbw.co.uk

Issues of consent in fact-find hearing – Becket Chambers

Posted February 21st, 2020 in chambers articles, children, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘In December 2019 Ms. Justice Russell DBE heard an appeal from a fact-finding hearing that took place in private law Children Act proceedings at the Central Family Court in London in the summer of 2019. Her judgement was given in January 2020 and is reported as JH v. MF [2020] EWHC 86 (Fam).’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Supreme Court spurns insurers’ appeal over injuries on private land – Law Society’s Gazette

Posted February 21st, 2020 in accidents, appeals, compensation, EC law, insurance, Motor Insurers’ Bureau, news, road traffic, Supreme Court by sally

‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’

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Law Society's Gazette, 20th February 2020

Source: www.lawgazette.co.uk

Audit firms face review by watchdog over climate risk exposure – The Guardian

Posted February 21st, 2020 in auditors, climate change, disclosure, news, ombudsmen by sally

‘The UK’s accounting watchdog has launched a major review into whether companies and their auditors are adequately reflecting the financial risks of the climate crisis in their accounts.’

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The Guadian, 20th February 2020

Source: www.theguardian.com

Lawyers and women’s rights charities call for family court judge’s cases to be reviewed – Local Government Lawyer

Posted February 21st, 2020 in charities, children, consent, domestic violence, equality, families, family courts, human rights, judges, news, rape, sexual offences, trials, women by sally

‘Over 130 family lawyers and women’s rights groups have called for Judge Tolson’s continuing cases to be reviewed, following Justice Russell’s condemnation of the family court judge’s treatment of an allegation of sexual assault in a child protection fact-finding trial last month.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

Extended pilot of fully video hearings made opt-out – Legal Futures

Posted February 21st, 2020 in civil procedure rules, live link evidence, news, pilot schemes, trials by sally

‘A pilot of fully video hearings in the civil courts is to be extended and turned from opt-in to opt-out, the Civil Procedure Rule Committee (CPRC) has decided.’

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Legal Futures, 21st February 2020

Source: www.legalfutures.co.uk

What are the rules on workplace surveillance? – BBC News

Posted February 21st, 2020 in computer programs, data protection, employment, human rights, news, privacy, spying by sally

‘Barclays has faced a backlash after it piloted a system that tracked the time employees spent at their desks. The company has since scrapped the system – but how common is workplace surveillance and what lengths are employers allowed to go to monitor their staff?‘

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BBC News, 20th February 2020

Source: www.bbc.co.uk

No-fault evictions: ‘Our lives are falling apart’ – BBC News

Posted February 20th, 2020 in housing, landlord & tenant, news, notification, repossession by sally

‘Section 21 of the 1988 Housing Act allows landlords to evict tenants without a reason once their contract comes to an end, or give them notice of the “intention to evict” two months before it ends. They are often used by landlords who want to sell their properties.’

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BBC News, 20th February 2020

Source: www.bbc.co.uk

Home Office to deport vulnerable asylum seekers – The Guardian

Posted February 20th, 2020 in asylum, deportation, news, trafficking in human beings by sally

‘The Home Office is planning to deport vulnerable asylum seekers and suspected victims of trafficking on a new charter flight on Thursday, the Guardian has learned.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Peers alarmed at Henry VIII powers in divorce bill – Law Society’s Gazette

Posted February 20th, 2020 in bills, divorce, news, parliament by sally

‘The House of Lords has urged the government to chop elements of the divorce bill that would enable the lord chancellor to radically alter the reforms without parliamentary scrutiny.’

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Law Society's Gazette, 19th February 2020

Source: www.lawgazette.co.uk

Ombudsman threatens council with legal action over lack of co-operation – Local Government Lawyer

Posted February 20th, 2020 in homelessness, local government, news by sally

‘Folkestone and Hythe Council was threatened with a court summons by the Local Government Ombudsman over its handling of a complaint about its treatment of a homeless family.’

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Local Government Lawyer, 20th February 2020

Source: www.localgovernmentlawyer.co.uk

The Overlooked – Nearly Legal

Posted February 20th, 2020 in appeals, news, nuisance, privacy by sally

‘This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate Modern, over the overlooking of their flats (plate glass walls and all) from the viewing platform on the Tate Modern extension.’

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Nearly Legal, 19th February 2020

Source: nearlylegal.co.uk

Katrina O’Hara murder: Coroner recommends phone access changes – BBC News

Posted February 20th, 2020 in domestic violence, murder, news, telecommunications, victims by sally

‘A coroner has called for domestic abuse victims to have access to mobile phones after police seized a woman’s device days before her murder.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

When are Article 8 rights engaged in the context of an unfair dismissal claim and how should the engagement of such rights be approached by the tribunal? – 3PB

Posted February 20th, 2020 in child abuse, disciplinary procedures, human rights, news, probation, unfair dismissal by sally

‘The claimant was employed by the respondent from 1994 until November 2014 as a Probation Service Officer (“PSO”). In 2014 there was an incident at the claimant’s home involving the claimant, her then partner, and her daughter, who was then a teenager. It was alleged that the claimant had been violent towards her daughter, something she had always vehemently denied. Social Services became involved and her daughter was placed on the Child Protection Register (“CPR”).’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Restraining Presentation or Advertisement of a Creditor’s Winding Up Petition – 33 Bedford Row

Posted February 20th, 2020 in abuse of process, chambers articles, injunctions, news, notification, winding up by sally

‘Widespread knowledge that a company is subject to a creditor’s winding up petition can cause that company serious harm. Where the creditor’s winding up petition is warranted, this harm may just be an unfortunate consequence of a valid legal process being pursued against it. However, where the creditor’s winding up petition is unwarranted, and is eventually dismissed because it is unwarranted, its dismissal will be ‘cold comfort’ to the company where, in the intervening period between presentation and dismissal, the company has suffered irreparable reputational and operational damage.’

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33 Bedford Row, 4th February 2020

Source: www.33bedfordrow.co.uk

Thomas on Wales – Counsel

Posted February 20th, 2020 in civil justice, criminal justice, devolution, legal profession, news, reports, Wales by sally

‘With radical recommendations for ‘fair, distinct and devolved’ justice, the Thomas Report should be required reading for anyone interested in Wales and the state of its justice system – writes David Hughes.’

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Counsel, February 2020

Source: www.counselmagazine.co.uk

Diplomatic immunity and leapfrog – 3PB

Posted February 20th, 2020 in appeals, diplomats, employment tribunals, immunity, news, Supreme Court by sally

‘The EAT has given permission to appeal directly to the Supreme Court for the first time, on the issue of scope of diplomatic immunity.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Family courts not safe for domestic violence victims, lawyers say – The Guardian

Posted February 20th, 2020 in domestic violence, family courts, judiciary, news, rape, victims by sally

‘The family courts are not a safe place for victims of domestic violence because some judges there hold “outdated views” on sexual violence and issues of consent, according to a letter signed by 130 lawyers and professionals.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

Who gets silk? 2019 – Counsel

Posted February 20th, 2020 in barristers, diversity, news, queen's counsel, statistics by sally

‘Celebrating the 114 new silks – plus forensic analysis of the 2019 cohort and what it says about equality of opportunity in the profession and health of the Bar –by David Wurtzel.’

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Counsel, February 2020

Source: www.counselmagazine.co.uk

5SAH Extradition and International update: February 2020 – 5SAH

Posted February 20th, 2020 in brexit, chambers articles, extradition, Ireland, news by sally

‘Welcome to our February 2020, 5SAH Extradition and International quarterly newsletter. We are pleased to present a variety of articles from our team of specialist extradition and international law barristers.’

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5SAH, 13th February 2020

Source: www.5sah.co.uk