Chief Constable of Essex Police v Transport Arendonk BVBA (2020) – St Pauls Chambers

Posted February 6th, 2020 in chambers articles, duty of care, negligence, news, police, statutory duty by sally

‘A recorder had been correct not to strike out a negligence claim against a police force brought by the owner of cargo stolen from a lorry parked in a secluded lay-by at night while the driver was held at a police station on suspicion of drink driving. The possibility of a duty of care owed by the police was not precluded by statute, and there were no authorities that resolved the issue. The matter needed a full trial of the evidence.’

Full Story

St Pauls Chambers, 31st January 2020

Source: www.stpaulschambers.com

Law firm discriminated against disabled paralegal – Legal Futures

Posted February 6th, 2020 in disability discrimination, law firms, news, paralegals by sally

‘A law firm discriminated against a seriously ill paralegal by dismissing him after only three months while he was on sick leave, an employment tribunal has ruled’

Full Story

Legal Futures, 6th February 202

Source: www.legalfutures.co.uk

Government to be challenged in court over Prevent reviewer – The Guardian

Posted February 6th, 2020 in crime prevention, Islam, news, police, terrorism by sally

‘The government’s failure to appoint an independent reviewer of its Prevent strategy and assess the controversial de-radicalisation programme’s effectiveness is to be challenged in court.’

Full Story

The Guardian, 6th February 2020

Source: www.theguardian.com

Iderval da Silva death: Three jailed for killing Uber Eats driver – BBC News

Posted February 6th, 2020 in homicide, murder, news, sentencing, young offenders by sally

‘Three teenagers have been jailed for killing an Uber Eats delivery driver when he tried to stop them stealing his moped.’

Full Story

BBC News, 5th January 2020

Source: www.bbc.co.uk

Statutory incompatibility following historic NHS win in Supreme Court – Exchange Chambers

Posted February 6th, 2020 in commons, land registration, local government, news, Supreme Court by sally

‘Bill Hanbury, Head of the Property Department at Exchange Chambers, explains the importance of the recent Supreme Court decision in R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs and another (Respondents) and R (on the application of NHS Property Services Ltd) (Appellant) v Surrey County Council and another (Respondents) [2019] UKSC 58. In this article, he explains why it is important to those clients who are public bodies facing hostile town and village green (TVG) applications.’

Full Story

Exchange Chambers, 28th January 2020

Source: www.exchangechambers.co.uk

‘Casual sexism is still prevalent’: how close is the law to gender equality? – The Guardian

Posted February 6th, 2020 in diversity, equality, legal profession, minorities, news, race discrimination, sex discrimination, women by sally

‘Almost 100 years ago, Dr Ivy Williams joined the Inner Temple as a law student. In 1922, three years after the Sex Disqualification Removal Act, she became the first woman to be called to the bar in this country. Most people have never heard of her. Although she never entered private practice, she taught law for 25 years and gave free legal advice to those who couldn’t afford it. A tireless activist and campaigner, her example paved an important road.’

Full Story

The Guardian, 4th February 2020

Source: www.theguardian.com

“Arising out the use of a vehicle?” Common sense definition prevails – Park Square Barristers

Posted February 6th, 2020 in insurance, news, personal injuries, taxis, theft by sally

‘In Neil Carroll v Michael Taylor, Michael Doyle, Emms Taxis Limited & QBE Insurance (Europe) Limited [2020] EWHC 153 QB the facts were relatively straightforward; Mr Carroll hailed a black cab driven by the First Defendant and owned by the Second Defendant after a night out drinking. Rather than taking him home, the First Defendant firstly stole his debit card (in fact swopping it for the debit card he had stolen from a previous fare) and then secondly when the First Defendant asked him to stop so he could get cash out, watched as the First Defendant (presumably repeatedly) put in his pin number, not realising that his attempt to obtain cash was doomed to failure as he was using somebody else’s card. Having thus obtained his pin number, the First Defendant then drove away leaving Mr Carroll stranded (and indeed within a short period of time removed £220 from Mr Carroll’s account with the ill-gotten card and pin number).’

Full Story

Park Square Barristers, 31st January 2020

Source: www.parksquarebarristers.co.uk

Helen McCourt killer’s release confirmed as mother loses legal bid – The Guardian

Posted February 6th, 2020 in bereavement, bills, disclosure, families, murder, news, parole, victims by sally

‘The killer of Helen McCourt is due to be freed from prison next week despite never revealing where he hid her remains.’

Full Story

The Guardian, 5th February 2020

Source: www.theguardian.com

Why do some people fear change to e-scooter laws? – BBC News

Posted February 6th, 2020 in consultations, motorcycles, news, road safety, road traffic by sally

‘The government is to hold a consultation on the use of e-scooters, currently banned on public roads, pavements and cycle lanes. Campaigners have called for tighter regulations, but would people welcome a law change?’

Full Story

BBC News, 6th February 2020

Source: www.bbc.co.uk

Rush to change sentencing laws before release of convicted terrorists – The Guardian

Posted February 6th, 2020 in bills, news, parole, release on licence, sentencing, terrorism by sally

‘Emergency terrorism laws announced after the Streatham attack could be pushed through parliament by 27 February – just one day before a convicted terrorist who disseminated Islamic State propaganda via Twitter is due for automatic release.’

Full Story

The Guardian, 5th February 2020

Source: www.theguardian.com

What is the Shortage Occupation List and why does it make a difference? – Richmond Chambers

Posted February 5th, 2020 in chambers articles, employment, immigration, news, visas by sally

‘The Shortage Occupation List sets out jobs in short supply in the UK at large, and Scotland specifically. These jobs can be filled by migrants under the Tier 2 route more easily than others.’

Full Story

Richmond Chambers, 3rd February 2020

Source: immigrationbarrister.co.uk

Reform of inheritance tax: an update – Wilberforce Chambers

Posted February 5th, 2020 in chambers articles, inheritance tax, news, taxation by sally

‘Last summer, I wrote a series of articles about the Office of Tax Simplification’s Inheritance Tax review, second report. There has now been a further development, in the form of the report of All-Party Parliamentary Group on Inheritance & Intergenerational Fairness (APPG), published in January 2020, entitled “Reform of inheritance tax”. The APPG was established in February 2019 and its stated purpose is “to examine the impact the current system of inheritance tax is having on members of the public and identify areas of reform and improvement as well as keep under review the issue of intergenerational fairness and bring forward potential solutions to help solve it”. It is one of the organisations which participated in the OTS’s consultation, providing a short paper in May 2019.’

Full Story

Wilberforce Chambers, 3rd February 2020

Source: www.wilberforce.co.uk

Inquest finds use of Taser by Devon and Cornwall Police contributed to death of Marc Cole when experiencing paranoia – Garden Court Chambers

Posted February 5th, 2020 in bereavement, chambers articles, drug abuse, firearms, inquests, mental health, news, police, professional conduct by sally

‘The inquest into the death of Marc Anthony Cole has concluded with the jury finding he died from excess use of cocaine resulting in paranoid and erratic behaviour, with the use of a Taser by Devon and Cornwall Police having a more than trivial impact on Marc going into cardiac arrest. The medical cause of death included the use of cocaine, an episode of altered behaviour including self-harm, excitement, exertion and restraint including the discharge of a TASER X26 device.’

Full Story

Garden Court Chambers, 30th January 2020

Source: www.gardencourtchambers.co.uk

Court of Appeal adopts dominant purpose test – Henderson Chambers

Posted February 5th, 2020 in airlines, appeals, chambers articles, disclosure, dispute resolution, electronic mail, legal services, news, privilege by sally

‘Copying in your lawyer or having them at a meeting, does not necessarily mean that legal advice privilege will apply – in a law-changing judgment, the Court of Appeal has adopted the dominant purpose test in relation to Legal Advice Privilege.’

Full Story

Henderson Chambers, 30th January 2020

Source: www.hendersonchambers.co.uk

Article 6 breaches prove no magic bullet for convictions on appeal (R v Abdurahman) – 5 SAH

Posted February 5th, 2020 in appeals, assisting offenders, chambers articles, human rights, legal representation, news, police, police interviews, professional conduct, terrorism, trials by sally

‘Rebecca Hill provides her Corporate Crime analysis for Lexis Nexis PSL: The Court of Appeal considered the safety of the conviction of Abdurahman who had assisted one of the 21/7 London bombers after the event. It reaffirmed that its purpose is to objectively appraise the safety of a conviction looking to all the circumstances, notwithstanding in this case a finding by the Grand Chamber of the European Court of Human Rights (ECtHR) that Mr Abdurahman’s rights under Article 6 of the European Convention on Human Rights (ECHR) (right to a fair trial) had been breached.’

Full Story

5 SAH, 3rd February 2020

Source: www.5sah.co.uk

Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial – Becket Chambers

Posted February 5th, 2020 in appeals, chambers articles, domestic violence, families, family courts, judges, news, rape, sexual offences, trials, victims, witnesses by sally

‘This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with.’

Full Story

Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Basfar v Wong – Diplomatic Immunity, Human Trafficking and “Commercial Activities” Revisited – Littleton Chambers

Posted February 5th, 2020 in appeals, chambers articles, diplomats, employment, employment tribunals, immunity, news, Supreme Court, trafficking in human beings by sally

‘The EAT has handed down its judgment in Basfar v Wong UKEAT/0223/19/BA, holding that the defence of diplomatic immunity applied in circumstances where the Claimant alleged she had been trafficked by her diplomat employer. However, it also granted the Claimant the first ever ‘leapfrog’ certificate direct from the EAT to the Supreme Court, and the matter looks set to continue.’

Full Story

Littleton Chambers, 4th February 2020

Source: www.littletonchambers.com

Appeal court confirms ‘dominant purpose’ test for legal advice privilege – OUT-LAW.com

Posted February 5th, 2020 in airlines, appeals, disclosure, dispute resolution, electronic mail, legal profession, legal services, news, privilege by sally

‘The UK’s Civil Aviation Authority (CAA) could not claim legal advice privilege over email correspondence which was predominantly conducted for the purposes of seeking commercial views, rather than legal advice, the Court of Appeal has confirmed.’

Full Story

OUT-LAW.com, 4th February 2020

Source: www.pinsentmasons.com

Government launches public consultation on pre-charge bail – Home Office

Posted February 5th, 2020 in bail, consultations, government departments, police, press releases, time limits, victims by sally

‘New consultation aims to put the needs of victims first and ensure police are supported to investigate crimes.’

Full press release

Home Office, 5th February 2020

Source: www.gov.uk/home-office

Civil partnerships for heterosexual couples: what you need to know – Family Law

Posted February 5th, 2020 in civil partnerships, equality, families, inheritance tax, marriage, news, prenuptial agreements, taxation, wills by sally

‘As of 31st December 2019, it is now possible for both same-sex and heterosexual couples to enter into a civil partnership. The institution was initially devised solely for same-sex couples through the Civil Partnership Act 2004; it was meant to be a distinct separate relationship status for same-sex couples akin, but different to, a marriage. This has now changed and moving into 2020, heterosexual couples may opt for a civil partnership instead of a marriage.’

Full Story

Family Law, 5th February 2020

Source: www.familylaw.co.uk