Wellbeing and cost of practice worrying barristers – Legal Futures

Posted January 22nd, 2020 in barristers, mental health, news, rates, rent, standards, statistics by sally

‘Experienced barristers are largely confident for their own futures but face challenges around wellbeing, the rising cost of doing business and the late payment of fees, a major survey has found.’

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Legal Futures, 20th January 2020

Source: www.legalfutures.co.uk

Welsh parents lose opt-out for sex, relationship and religious education – The Guardian

Posted January 22nd, 2020 in children, consultations, education, families, news, parental rights, school children, Wales by sally

‘Parents in Wales will soon lose the right to withdraw their children from lessons on sex and relationships or religion, provoking concern among both church groups and secular campaigners.’

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The Guardian, 21st January 2020

Source: www.theguardian.com

Parental alienation- the duty to identify at an early stage or risk getting it wrong – Becket Chambers

Posted January 22nd, 2020 in children, families, family courts, news, parental responsibility by sally

‘This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation on the basis that it is right to do so… She is unable to perceive herself as being an agent or a cause.” This case should act as a warning to the Court and practitioners as to the very harrowing consequences of parental alienation. Re A shows how complex cases become when one parent alienates children from the other parent.’

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Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in appeals, courts, deceit, disclosure, fraud, fundamental dishonesty, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

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Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

‘Victory’ For Traveller Communities Against Blanket Council Bans – Each Other

‘Local authorities who attempt to ban Travellers and Gypsies from vast swathes of public land risk breaching their “enshrined freedom” to roam the country, a court has ruled.’

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Each Other, 21st January 2020

Source: eachother.org.uk

Prison counsellor jailed for smuggling drugs after inmates threatened him to become courier – Daily Telegraph

‘A prison counsellor has been jailed for smuggling drugs inside a jail after he was threatened by inmates to become a courier when he scuppered their deals.’

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Daily Telegraph, 21st January 2020

Source: www.telegraph.co.uk

Guildford pub bomb police face High Court threat over files – BBC News

Posted January 22nd, 2020 in documents, explosives, inquests, news, Northern Ireland, police, terrorism by sally

‘Lawyers in the Guildford pub bombing inquest have threatened Surrey Police with High Court action over archives removed from a history centre.’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

Government loses child refugee vote in string of Lords defeats – The Guardian

‘The government has suffered five defeats on its Brexit deal in the space of 24 hours in the House of Lords, with the heaviest defeat in a vote to restore the right of unaccompanied child refugees to be reunited with their families in the UK after Brexit.’

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The Guardian, 21st January 2020

Source: www.theguardian.com

Sibling relationships in the care system: Alexandra Wilson examines the recent case of Re G [2019] EWFC B70 – 5 SAH

A recent podcast on BBC sounds by ‘File on 4’ focused on separated siblings in the care system.

One of the stories is from a woman who explains that she was split from her sister and wasn’t allowed to see her despite her living just five minutes away. She recalls that between their respective foster families’ homes there was a park where she would see her younger sister playing with her foster sister. Breaking down into tears, she explains that she felt hurt, angry, annoyed, sad and “thought it was really, really cruel”.

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5 SAH, 20th January 2020

Source: www.5sah.co.uk

New ‘transformational’ code to protect children’s privacy online – BBC News

Posted January 22nd, 2020 in children, codes of practice, families, internet, news, privacy, suicide by sally

‘Social media sites, online games and streaming services used by children will have to abide by a new privacy code set by the UK’s data watchdog.’

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BBC News, 22nd January 2020

Source: www.bbc.co.uk

High number of prison deaths are preventable, says damning new report – The Guardian

Posted January 22nd, 2020 in inquests, mental health, Ministry of Justice, news, prisons, standards, statistics, suicide by sally

‘The persistently high death toll in prisons is a “national scandal”, with too many deaths avoidable, according to a new report published on Wednesday.’

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The Guardian, 22nd January 2020

Source: www.theguardian.com

London borough recovers council home and £105,000 after securing housing fraud conviction – Local Government Lawyer

Posted January 21st, 2020 in fraud, housing, local government, news by sally

‘The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.’

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Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Lie-detector tests planned for convicted terrorists freed on licence – The Guardian

Posted January 21st, 2020 in lie detectors, news, release on licence, terrorism by sally

‘Convicted terrorists will face lie-detector tests under a raft of measures drawn up in the wake of the most recent London Bridge attack to toughen up the monitoring of offenders in the community.’

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The Guardian, 21st January 2020

Source: www.theguardian.com

Privileged Information and Settlement Agreements – Parklane Plowden Chambers

‘Do Defendants have a right to see unredacted settlement agreements which have privileged communications in them? The case of BGC Broker LP (above) addresses this.’

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Parklane Plowden Chambers, 17th January 2020

Source: www.parklaneplowden.co.uk

NHS faces huge clinical negligence legal fees bill – BBC News

Posted January 21st, 2020 in costs, fees, hospitals, negligence, news by sally

‘The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence, the BBC has learned through a Freedom of Information request.’

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BBC News, 21st January 2020

Source: www.bbc.co.uk

Cross-Border cases and the inherent jurisdiction – Doughty Street Chambers

Posted January 21st, 2020 in Court of Protection, domicile, foreign jurisdictions, jurisdiction, news by sally

‘In Re QD, the children of a man is his sixties, living in Spain with his second wife, KD, had become concerned about the care that KD was providing. KD started proceedings in Spain but before these had concluded, QD’s children brought him to England and moved him to a care home.’

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Doughty Street Chambers, 17th January 2020

Source: insights.doughtystreet.co.uk

Business owners beware! Take reasonable steps or risk a personal injury claim – Becket Chambers

Posted January 21st, 2020 in accidents, news, personal injuries by sally

‘This article discusses a recent case whereby the court found that as the Defendant’s employee had failed to report an issue with a passenger lift, they had not acted reasonably. Therefore, the Defendant had been in breach of s2 of the Occupiers Liability Act 1957.’

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Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Craig Prescott: Harry and Meghan, Regency, Counsellors of State and a “Slimmed Down” Royal Family – UK Constitutional Law Association

Posted January 21st, 2020 in constitutional law, Crown, news, Privy Council, royal family by sally

‘On 19th January, after discussions within the Royal Family, it was announced that the Duke and Duchess of Sussex will step back from royal duties, no longer receive public funds, or ‘formally represent the Queen’. Neither will they use their HRH titles, and more generally they will not be classed as ‘working members of the Royal Family’. Instead, the Sussexes will pursue a new life in Canada, outside the structure of the Royal Family, although they have committed to continue to ‘uphold the values of Her Majesty’.’

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UK Constitutional Law Association, 21st January 2020

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 21st, 2020 in legislation by sally

The Homes and Communities Agency (Transfer of Property etc.) Regulations 2020

The Safety of Sports Grounds (Designation) (Amendment) Order 2020

The Overseas Production Orders and Requests for Interception (Designation of Agreement) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 21st, 2020 in law reports by sally

Court of Appeal (Civil Division)

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWCA Civ 11 (21 January 2020)

W (A Child: Leave To Oppose Adoption) [2020] EWCA Civ 16 (21 January 2020)

Ping Europe Ltd v Competition and Markets Authority [2020] EWCA Civ 13 (21 January 2020)

British Telecommunications PLC, R (On the Application Of) v Treasury [2020] EWCA Civ 1 (21 January 2020)

The London Borough of Bromley v Persons Unknown (Rev 3) [2020] EWCA Civ 12 (21 January 2020)

Wickes Building Supplies Ltd v Blair (No.2 : Costs) [2020] EWCA Civ 17 (21 January 2020)

High Court (Administrative Court)

British Medical Association (BMA), R (On the Application Of) v Secretary of State for Health And Social Care [2020] EWHC 64 (Admin) (17 January 2020)

High Court (Chancery Division)

Russell v Cartwright & Ors [2020] EWHC 41 (Ch) (20 January 2020)

Martin v Martin [2020] EWHC 49 (Ch) (20 January 2020)

TBD (Owen Holland) Ltd v Simons & Ors [2020] EWHC 30 (Ch) (17 January 2020)

Pharmagona Ltd v Taheri & Anor [2020] EWHC 66 (Ch) (17 January 2020)

Koninklijke Philips NV v Asustek Computer Inorporation & Ors [2020] EWHC 29 (Ch) (17 January 2020)

Nektan (Gibraltar) Ltd, Re In the Matter of the Insolvency Act 1986 [2020] EWHC 65 (Ch) (17 January 2020)

Zedra Trust Company (Jersey) Ltd v The Hut Group Ltd & Ors [2020] EWHC 5 (Ch) (17 January 2020)

Inspiration Finance Ltd v Cadwallader & Anor [2020] EWHC 15 (Ch) (17 January 2020)

Northamber Plc v Genee World Ltd & Ors [2020] EWHC 31 (Ch) (16 January 2020)

High Court (Commercial Court)

Taqa Bratani Ltd & Ors v Rockrose UKCS8 LLC [2020] EWHC 58 (Comm) (17 January 2020)

High Court (Queen’s Bench Division)

Carter & Anor v Essex Police [2020] EWHC 77 (QB) (21 January 2020)

Hamilton v News Group Newspapers Ltd [2020] EWHC 59 (QB) (20 January 2020)

Source: www.bailii.org