Ms Justice Russell and some Feng Shui: the case of JH v MF [2020] EWHC 86 (Fam) – Garden Court Chambers

Posted February 26th, 2020 in appeals, chambers articles, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Rebecca Hill examines the key legal themes in Extradition Proceedings from 2019 – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, news by sally

‘Reflecting on the key legal themes of 2019 in Extradition cases, it was apparent that two issues had dominated court time in 2019; 1) prison conditions (as ever) and 2) whether Public Prosecutors are sufficiently independent to be treated as ‘Judicial Authorities’ for the purposes of the Act and the Framework Decision. Having reviewed the jurisprudence Rebecca Hill has produced a summary of key points in respect of each issue.’

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5 SAH, 21st February 2020

Source: www.5sah.co.uk

Peer calls for regulation overhaul as CMA plans review – Legal Futures

Posted February 26th, 2020 in competition, legal profession, legal services, Ministry of Justice, news, solicitors by sally

‘A solicitor peer has urged the Ministry of Justice (MoJ) to act now and simplify the legal regulatory regime, saying nothing will change if it is left to the profession.’

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Legal Futures, 26th February 2020

Source: www.legalfutures.co.uk

Claimant fails in judicial review challenge over Qualified One-Way Costs-Shifting and discrimination claims – Local Government Lawyer

Posted February 26th, 2020 in costs, disability discrimination, disabled persons, equality, judicial review, local government, news by sally

‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

“The Magnitsky Act – What Now for the Future in the UK” An Article by Lesley Manley – Church Court Chambers

Posted February 26th, 2020 in chambers articles, human rights, money laundering, news by sally

‘The “Magnitsky Act” is a trailblazing piece of legislation enacted by the United States. Lesley Manley looks at developments thus far in the UK and considers how the UK jurisdictions will proceed following the withdrawal from the European Union.’

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Church Court Chambers, 26th February 2020

Source: churchcourtchambers.co.uk

Developments since Keyworker Homes – Exchange Chambers

Posted February 26th, 2020 in administrators, chambers articles, electronic filing, insolvency, news by sally

‘In a judgment which disagreed with the recently reported decisions of Re Skeggs Beef Limited[2019] EWHC 2607 (Ch) and Re SJ Henderson and Co Ltd [2019] EWHC 2742 (Ch), HHJ Hodge QC sitting as a Judge of the High Court found:

1) Notices of Intention to Appoint Administrators (“NOI”) can be filed at any time via e-filing and take effect at the time they are filed via e-filing.
2) Directors or the Company can make out of hours appointments of Administrators by filing a Notice of Appointment (“NOA”) at any time via e-filing. The appointment will take effect at the time the documents are filed via e-filing.
3) That for the purposes of the computation of the period of 10 business days pursuant to para 28(2) of Sch.B1 of the Insolvency Act 1986, the first business day will be the business day after the date on which the NOI was filed – thus it is a ‘clear days’ calculation.’

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Exchange Chambers, 20th February 2020

Source: www.exchangechambers.co.uk

Judiciary to design new online consent course for family judges – Local Government Lawyer

Posted February 26th, 2020 in consent, domestic violence, families, family courts, judges, judiciary, news, rape, sexual offences by sally

‘The Courts and Tribunals Judiciary is to prepare an online resource for family judges dealing with issues of consent and stereotypes in sexual cases.’

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Local Government Lawyer, 24th February 2020

Source: www.localgovernmentlawyer.co.uk

Significant unlawful eviction case exposes the use of sham letting agreements by landlord companies in London – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, damages, harassment, housing, landlord & tenant, news, repossession by sally

‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’

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Garden Court Chambers, 25th February 2020

Source: www.gardencourtchambers.co.uk

Tecnicas Reunidas Saudia for Services and Contracting Co. Ltd. v. Korea Development Bank – Atkin Chambers

Posted February 26th, 2020 in chambers articles, guarantees, interpretation, news by sally

‘Rupert Choat and CMS Cameron McKenna Nabarro Olswang LLP were successful in obtaining summary judgment against Korea Development Bank (KDB) in the Technology and Construction Court on 14 February 2020. KDB was ordered to pay the full value of a demand guarantee (£8.2 million) plus interest and costs.’

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Atkin Chambers, 20th February 2020

Source: www.atkinchambers.com

‘How do I convince the Home Office I’m a lesbian?’ – BBC News

Posted February 26th, 2020 in asylum, burden of proof, evidence, government departments, homosexuality, immigration, news by sally

‘More than 1,500 people seek asylum in the UK on sexuality grounds every year.

The Home Office’s decision on whether to grant or refuse it depends on whether the interviewer finds the asylum-seeker’s account authentic and believable – but each interviewer may have his or her own assumptions about what an authentic and believable account should look like.’

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BBC News, 26th February 2020

Source: www.bbc.co.uk

Upskirting Surrey pensioner put on sex offenders’ register – BBC News

Posted February 26th, 2020 in news, sexual offences, voyeurism by sally

‘A pensioner has been put on the sex offenders’ register after taking photos up a woman’s dress while on a train.’

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BBC News, 25th February 2020

Source: www.bbc.co.uk

Dual criminality in extradition proceedings – 5 SAH

Posted February 26th, 2020 in chambers articles, extradition, foreign jurisdictions, news by sally

‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’

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5 SAH, 20th February 2020

Source: www.5sah.co.uk

Domestic abuser jailed after landmark appeal by solicitor general – The Guardian

Posted February 26th, 2020 in appeals, coercive & controlling behaviour, criminal damage, domestic violence, imprisonment, news, sentencing by sally

‘A violent domestic abuser has been imprisoned for three years after the solicitor general successfully challenged his previous sentence in a landmark case at the court of appeal.’

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The Guardian, 25th February 2020

Source: www.theguardian.com

Guilt and anger surface as infected blood inquiry hears evidence – The Guardian

Posted February 25th, 2020 in blood products, HIV, inquiries, news by sally

‘The guilt of infected blood donors and the anger of victims whose diagnosis of HIV and hepatitis C was withheld from them for years has emerged as evidence given in secret was read out to a public hearing in London.’

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The Guardian, 24th February 2020

Source: www.theguardian.com

A “Cardinal Democratic Freedom”: High Court rules police’s action “Orwellian” in a victory for freedom of expression – Monckton Chambers

Posted February 25th, 2020 in freedom of expression, human rights, judicial review, news, police, transgender persons by sally

‘On 14 February 2020, the High Court (Mr Justice Julian Knowles) held that Humberside Police had disproportionately interfered with the rights of free speech of the Claimant, Harry Miller, under Article 10 of the European Convention on Human Rights (“ECHR”).’

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Monckton Chambers, 21st February 2020

Source: www.monckton.com

Female family lawyers’ group to push for senior roles – Legal Futures

Posted February 25th, 2020 in diversity, family courts, legal profession, news, women by sally

‘An association for female family lawyers will be launched next month, embracing all levels of seniority from High Court judges to paralegals, with the immediate aim of creating a national mentoring scheme.’

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Legal Futures, 25th February 2020

Source: www.legalfutures.co.uk

Ed Sheeran ticket touts jailed in ‘landmark’ Leeds case – BBC News

Posted February 25th, 2020 in fraudulent trading, internet, news, sentencing by sally

‘Two internet ticket touts who re-sold tickets worth millions of pounds for events including Ed Sheeran and Adele concerts have been jailed.’

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BBC News, 24th February 2020

Source: www.bbc.co.uk

CJC sets out rule changes to help vulnerable witnesses – Litigation Futures

Posted February 25th, 2020 in civil justice, Civil Justice Council, civil procedure rules, disabled persons, mental health, news, reports, witnesses by sally

‘The Civil Justice Council (CJC) has set out detailed changes it believes should be made to the Civil Procedure Rules to help vulnerable parties and witnesses, including an amended overriding objective.’

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Litigation Futures, 25th February 2020

Source: www.litigationfutures.com

JusticeWatch: Legal aid’s failing safety net – Legal Voice

Posted February 25th, 2020 in attorney general, family courts, judicial review, law firms, legal aid, news by sally

‘Almost four out of 10 legal aid firms do not use the LASPO ‘safety net’ and make exceptional case funding applications, according to a new study by the Public Law Project – reported on the Justice Gap (here). More then three-quarters believed the scheme was not effective. The PLP survey by Professor Joe Tomlinson and Emma Marshall drew on responses between from 89 legal aid providers and other groups providing legal advice and was conducted in October/ November last year. The aim was to engage with providers working in four areas – immigration, family, housing and welfare benefits. Researchers identified 1,276 organisations with a legal aid contract working across these four areas.’

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Legal Voice, 21st February 2020

Source: legalvoice.org.uk

The importance of patents in biotechnology – John Butcher – UK Human Rights Blog

Posted February 25th, 2020 in DNA, news, patents by sally

‘Biotechnology in the United Kingdom is the industry of organisms that manufacture commercial products. Interestingly, it can be quite controversial at times i.e. stem cells and gene cloning. Despite this, biotechnology is integral to advancements in the healthcare and pharmaceutical industry.’

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UK Human Rights Blog, 21st February 2020

Source: ukhumanrightsblog.com