Director must compensate creditors for cut-price purchase from insolvent company – Law Society’s Gazette

Posted January 23rd, 2020 in company directors, company law, compensation, insolvency, news, valuation by sally

‘Directors of insolvent companies should not be allowed to buy assets of the business on the cheap, the High Court has ruled. In Systems Building Services Group Limited [2020] EWHC 54 (Ch), the court this week ruled that a director is liable to pay the liquidators of his company money he saved by not placing a house owned by the company on the open market when the company went under.’

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Law Society's Gazette, 22nd January 2020

Source: www.lawgazette.co.uk

Government terror adviser warns ‘no magic test’ to stop reoffending – The Guardian

Posted January 23rd, 2020 in news, recidivists, release on licence, terrorism by sally

‘The government’s adviser on terror legislation has warned that there is “no magic test” to determine the risks posed by a terrorist on release from prison, in further criticism of recently announced proposals to examine them with lie detectors.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com

Serious violent and sexual offenders to spend longer in prison – Ministry of Justice

Posted January 23rd, 2020 in imprisonment, press releases, sentencing, sexual offences, violent offenders by sally

‘Serious violent and sexual criminals will face more time behind bars under Government plans to better protect the public and restore confidence in the justice system.’

Full press release

Ministry of Justice, 22nd January 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

Former transgender patient will tell court that sex change clinic is putting children on ‘torturous’ path – Daily Telegraph

Posted January 23rd, 2020 in children, consent, hospitals, medical treatment, news, transgender persons by sally

‘A former transgender patient has mounted an unprecedented legal challenge against a sex change clinic she claims is putting children on a “torturous”, “permanent” and “unnecessary path, High Court documents reveal.’

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Daily Telegraph, 22nd January 2020

Source: www.telegraph.co.uk

East Kent hospitals: Baby deaths ‘could have been prevented’ – BBC News

Posted January 23rd, 2020 in birth, hospitals, inquests, news, pregnancy by sally

‘At least seven preventable baby deaths may have occurred at one of the largest groups of hospitals in England since 2016, a BBC investigation has found.’

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BBC News, 23rd January 2020

Source: www.bbc.co.uk

Rough sex murder defence: Why campaigners want it banned – BBC News

Posted January 23rd, 2020 in defences, murder, news by sally

‘Campaigners say men are increasingly using the “rough sex” defence to try to get away with murdering women. They want the law changed to prevent such a defence and have the support of two MPs. But what difference would it make?’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

John Bercow: Formal complaint lodged against former Commons Speaker – BBC News

Posted January 23rd, 2020 in bullying, complaints, news, parliament, peerages & dignities by sally

‘A complaint has been made against former Commons Speaker John Bercow by a previous senior advisor.’

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BBC News, 23rd January 2020

Source: www.bbc.co.uk

Windrush man who served in British army for nine years told there is no record of him – The Independent

Posted January 23rd, 2020 in armed forces, citizenship, colonies, compensation, loans, news by sally

‘A Windrush man who was told the UK government had no record of him despite having spent nearly a decade serving in the British army says he is struggling to obtain compensation two years on.’

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The Independent, 23rd january 2020

Source: www.independent.co.uk

Domestic abuse cases abandoned too quickly when victims retreat – study – The Guardian

Posted January 23rd, 2020 in Crown Prosecution Service, domestic violence, news, police, prosecutions, rape, reports, victims by sally

‘Police and prosecutors are dropping domestic abuse cases far too readily when victims become reluctant to pursue complaints against often violent partners, an official inspectorate report has warned.’

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The Guardian, 23rd January 2020

Source: www.theguardian.com

Labour MP accused of sexual assault fails in anonymity bid – The Guardian

Posted January 23rd, 2020 in anonymity, employment tribunals, harassment, news, reporting restrictions, sexual offences by sally

‘A Labour MP has failed in his bid to stop his name from being revealed in reporting of an upcoming employment tribunal case taken by a woman who has accused him of sexual assault and harassment.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com

Female judge criticises male colleague who told woman she wasn’t raped as she didn’t fight back – Daily Telegraph

Posted January 23rd, 2020 in appeals, consent, judges, news, rape by sally

‘A female judge has criticised an “outdated” male colleague after he ruled that a woman had not been raped by her violent partner because she “took no physical steps” to stop him during sex.’

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Daily Telegraph, 22nd January 2019

Source: www.telegraph.co.uk

SRA presses ahead with plan to cut compensation awards – Legal Futures

Posted January 22nd, 2020 in barristers, compensation, expert witnesses, indemnities, insurance, limitations, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) is pressing on with plans to cut the upper limit for Compensation Fund awards from £2m to £500,000, while modifying other proposals to reduce the cost of the scheme.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’

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Local Government Lawyer, 21st January 2020

Source: www.localgovernmentlawyer.co.uk

Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers

Posted January 22nd, 2020 in appeals, codes of practice, mental health, news, sentencing by sally

‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’

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Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk

The Stalking Protection Order – 25 Bedford Row

Posted January 22nd, 2020 in harassment, injunctions, news, police, stalking, victims by sally

‘Stalking has become a serious infringement of the lives of both women, men, young girls and boys. One in five women and one in ten men are likely to be victims in their lifetime and the prosecution for stalking offences demonstrates a rising trend in offending.’

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25 Bedford Row, 20th January 2020

Source: www.25bedfordrow.com

LSB launches continuing competence inquiry – Legal Futures

Posted January 22nd, 2020 in barristers, continuing professional development, inquiries, legal profession, Legal Services Board, news, quality assurance, solicitors by sally

‘The Legal Services Board (LSB) has launched a call for evidence on continuing competence, the first stage in a promised review of the issue that could lead to periodic checks on lawyers’ fitness to practise.’

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Legal Futures, 22nd January 2020

Source: www.legalfutures.co.uk

Up High and Down Low: ownership of airspace and subsoil – Hardwicke Chambers

Posted January 22nd, 2020 in landlord & tenant, news by sally

‘In this podcast Daniel Gatty and Priya Gopal discuss the law regarding freehold and leasehold ownership of airspace above and subsoil below land and buildings.’

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Harwicke Chambers, 16th January 2020

Source: hardwicke.co.uk

Divorce or Separation: Impact on Leave to Remain – Richmond Chambers

Posted January 22nd, 2020 in deportation, divorce, domestic violence, families, immigration, news by sally

‘January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK?’

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Richmond Chambers, 17th January 2020

Source: immigrationbarrister.co.uk

Criminal legal aid solicitor struck off for accounts rule breaches – Legal Futures

Posted January 22nd, 2020 in accounts, disciplinary procedures, legal aid, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A solicitor has been struck off after nearly 40 years in practice after admitting that the difficulties of relying on payment from criminal legal aid work overwhelmed him.’

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Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Default Interest? That is just under 290% p.a. – KCH Garden Sq

Posted January 22nd, 2020 in interest, loans, news, repossession by sally

‘An interesting part of my work involves advising and appearing in cases in which there are loans from companies that specialise in loans to “distressed borrowers”. I have acted both for and against loan companies in that area of business, and so I have been able to see the issues from both sides.’

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KCH Garden Sq, 16th January 2020

Source: kchgardensquare.co.uk