Category: news

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1 – Becket Chambers

Posted January 28th, 2020 in divorce, financial provision, news, pensions by sally

‘Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension administrators to start the process of implementation of a pension sharing order.’

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Becket Chambers, 22nd January 2020

Source: becket-chambers.co.uk

Jurisdiction and the Recognition and Enforcement of Judgments After Brexit – 4 New Square

Posted January 28th, 2020 in brexit, EC law, enforcement, foreign jurisdictions, judgments, jurisdiction, news by sally

‘The European Union (Withdrawal Agreement) Act 2020 gained Royal Assent on 23 January 2020 (“the Withdrawal Agreement Act”).’

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4 New Square, 27th January 2020

Source: www.4newsquare.com

Article 8 & Unfair Dismissal – January 2020 – Pallant Chambers

Posted January 28th, 2020 in human rights, news, privacy, probation, unfair dismissal by sally

‘Q v Secretary of State for Justice UKEAT/0120/19 was a recent case in which the Employment Appeal Tribunal looked at the application of the Article 8 in a conduct dismissal case.’

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Pallant Chambers, 23rd January 2020

Source: www.pallantchambers.co.uk

Court of Appeal upholds the right to roam of Romany and Travellers – UK Human Rights Blog

Posted January 28th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘The Court of Appeal, in The Mayor and Burgesses of the London Borough of Bromley v Persons Unknown [2020] EWCA Civ 12, has delivered a unanimous judgment reaffirming the rights of the Romany (“Gypsy”) and Traveller community to live in accordance with their traditional, nomadic way of life.’

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UK Human Rights Blog, 27th January 2020

Source: ukhumanrightsblog.com

Pickets, prayers and protests: using anti-social behaviour legislation to curb protest – UK Police Law Blog

Posted January 28th, 2020 in abortion, Christianity, demonstrations, freedom of expression, homosexuality, human rights, Islam, news, public spaces protection orders, school children by sally

‘Two recent cases have required the High Court and Court of Appeal to consider in detail the use by local authorities of different powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014 (“ASBCPA”) to limit or prevent protests that have contained a strong religious or moral element. To what extent are the courts prepared to sanction the use of these powers in relation to types of activities that perhaps would not immediately spring to mind when the words “anti-social behaviour” are heard? The answer, in two words, is “very prepared”, judging by the decisions in the cases of Dulgerhiu v London Borough of Ealing [2019] EWCA Civ 1490 and Birmingham City Council v Asfar [2019] EWHC 3217 (QB).’

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UK Police Law Blog, 27th January 2020

Source: ukpolicelawblog.com

Avon Ground Rents Limited v (1) Cowley and others (2) Metropolitan Housing Trust (3) Advance (4) May Hempstead Partnership – Tanfield Chambers

Posted January 28th, 2020 in landlord & tenant, leases, news, service charges, third parties by sally

‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Court fee can be claimed from defendants despite exemption – Litigation Futures

Posted January 28th, 2020 in civil procedure rules, costs, fees, news, part 36 offers by sally

‘There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.’

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Litigation Futures, 28th January 2020

Source: www.litigationfutures.com

Conveyancing revolution to hit over next decade – Legal Futures

Posted January 28th, 2020 in conveyancing, electronic filing, news, reports by sally

‘The role of the conveyancer is undoubtedly going to change as much of the administrative side of the role becomes automated over the coming years, a new report from the Council for Licensed Conveyancers (CLC) has predicted.’

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Legal Futures, 28th January 2020

Source: www.legalfutures.co.uk

‘Shell-shocked’ bookmakers face big fines for underage betting at Royal Ascot – The Guardian

Posted January 28th, 2020 in fines, gambling, horse racing, news, young persons by sally

‘Racecourse bookmakers say they are “shell-shocked” at a decision by the Gambling Commission to ramp up punishments meted out for failing to prevent underage betting. Seven bookmakers have been told they must pay what amounts to 2.5% of their gross profit for an entire year after being caught by enforcement action at Royal Ascot last summer, when each of them allowed a 16-year-old – the permitted age is 18 – to place a £5 bet.’

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The Guardian, 27th January 2020

Source: www.theguardian.com

Elderly abuse suspect could be allowed to starve himself to death, judge says – The Guardian

Posted January 28th, 2020 in child abuse, elderly, news, sexual offences, suicide by sally

‘An elderly man who stopped eating after being accused of historical child sexual abuse could be allowed to starve himself to death, a judge has said.’

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The Guardian, 27th Janaury 2020

Source: www.theguardian.com

Kamali Gabbidon-Lynck: Fight breaks out in court as killers jailed – BBC News

Posted January 28th, 2020 in attempted murder, gangs, murder, news, offensive weapons, public order, sentencing by sally

‘Violence broke out at the Old Bailey as five gang members were jailed for murdering a man in a knife attack.’

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BBC News, 27th January 2020

Source: www.bbc.co.uk

Meadowhall facial recognition scheme troubles watchdog – BBC News

Posted January 28th, 2020 in data protection, facial mapping, identification, news, pilot schemes, police by sally

‘Police involvement in a private landlord’s facial recognition trial has led a regulator to call for government intervention.’

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BBC News, 28th January 2020

Source: www.bbc.co.uk

Abuse victims to be given second phones to boost conviction rates – Daily Telegraph

Posted January 28th, 2020 in domestic violence, news, stalking, telecommunications, victims by sally

‘Victims of domestic abuse and stalking are to be given second phones after they hand theirs over for evidence as part of an initiative intended to improve conviction rates.’

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Daily Telegraph, 27th January 2020

Source: www.telegraph.co.uk

Facial recognition could be ‘spectacular own goal’, police warned amid accuracy concerns – The Independent

Posted January 28th, 2020 in data protection, facial mapping, news, police by sally

‘Facial recognition could be a “spectacular own goal” for police if it fails to be inaccurate and effective, the government has been warned. MPs raised concerns about the technology after the Metropolitan Police announced the start of live deployments in London.’

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The Independent, 28th January 2020

Source: www.independent.co.uk

Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph

Posted January 27th, 2020 in footpaths, holidays, news, rights of way by sally

‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’

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Daily Telegraph, 26th January 2020

Source: www.telegraph.co.uk

Government to set up new regulator for oversight of high-risk buildings – Local Government Lawyer

Posted January 27th, 2020 in building law, construction industry, health & safety, housing, news, regulations, standards by sally

‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’

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Local Government Lawyer, January 2020

Source: www.localgovernmentlawyer.co.uk

The case for judicial early neutral evaluation – Law Society’s Gazette

Posted January 27th, 2020 in case management, civil procedure rules, dispute resolution, news by sally

‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’

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Law Society's Gazette, 27th January 2020

Source: www.lawgazette.co.uk

Cocaine seizure: Men jailed after 750kg haul found on boat – BBC News

Posted January 27th, 2020 in drug offences, drug trafficking, imprisonment, news, sentencing by sally

‘Two men have been jailed for conspiracy to import cocaine after one of the largest hauls of the drug in UK history was found on board a boat.’

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BBC News, 27th January 2020

Source: www.bbc.co.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

Posted January 27th, 2020 in contract of employment, employment, employment tribunals, equality, freedom of expression, gender, human rights, internet, news, transgender persons, women by sally

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

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UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Call for new law to protect victims in the justice system – The Guardian

Posted January 27th, 2020 in courts, criminal justice, news, prosecutions, statistics, victims by sally

‘Ministers have been urged to introduce a “victims’ law” to stop people losing faith in the criminal justice system. The move comes after new data revealed that the number of crime victims who decline to press charges has more than doubled in five years.’

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The Guardian, 25th January 2020

Source: www.theguardian.com