What to do when your solicitor has not paid – Counsel
‘Unpaid fees? Give some thought to your contractual status and when to use the ‘nuclear option’.’
Counsel, January 2020
Source: www.counselmagazine.co.uk
Fixed Costs in Civil Proceedings – Becket Chambers
‘The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply.’
Becket Chambers, 3rd January 2020
Source: becket-chambers.co.uk
VAT charges on digital versions of newspapers overturned – OUT-LAW.com
‘A major publisher has been successful in overturning a previous ruling that found that the digital versions of its newspapers were subject to VAT charges.’
OUT-LAW.com, 8th January 2020
Source: www.pinsentmasons.com
Sexual assault investigation into a child with learning difficulties not a breach of article 3 – Police Law Blog
‘In R (AB) v Chief Constable of Hampshire Constabulary [2019] EWHC 3461 (Admin), the Divisional Court considered a claim on behalf of a boy with severe learning and communication disabilities, that police had failed properly to investigate what appeared to be a disclosure by him of a sexual assault during a stay at in respite care. He argued that they had wrongly proceeded to interview him despite no witness intermediary being available and had subsequently failed to re-interview him with an intermediary. He argued that this was a breach of Article 3, and unlawful disability discrimination. The Court dismissed the claim, also giving important procedural guidance.’
Police Law Blog, 17th December 2019
Source: ukpolicelawblog.com
‘Helen’s Law’ returns to Parliament – Ministry of Justice
‘Murderers and paedophiles who refuse to disclose information about their victims could spend longer behind bars as a bill to enact “Helen’s Law” enters Parliament today (8 January 2020).’
Ministry of Justice, 8th January 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
Options for reforming valuation in leasehold enfranchisement published by Law Commission – Law Commission
‘The Law Commission of England and Wales has today [09 January 2020] published a report setting out options to reduce the cost that leaseholders have to pay to buy the freehold or extend the lease of their homes (known as “enfranchisement”). The reforms have the potential to make the process easier and more affordable for millions of leaseholders across England and Wales.’
Law commission, 9th January 2020
Letter to the ACMD to review GHB and GBL – Home Office
‘Letter from the Home Secretary asking the Advisory Council on the Misuse of Drugs to review the classification of GHB and GBL.’
Home Office, 6th January 2020
Source: www.gov.uk/home-office
Court orders change in living arrangements for a child following parental alienation – Family Law
‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’
Family Law, 8th January 2020
Source: www.familylaw.co.uk
Coercive control post-Challen – Counsel
‘Crucial perspective and points of alert for practitioners defending and prosecuting cases involving abused women who have killed.’
Counsel, January 2020
Source: www.counselmagazine.co.uk
Financial Remedy & Divorce Update, December 2019 – Family Law Week
‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2019.’
Family Law Week, 30th December 2019
Source: www.familylawweek.co.uk
Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers
‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’
Wilberforce Chambers, 7th January 2020
Source: www.wilberforce.co.uk
What is no fault divorce and why does it matter? – The Independent
‘The start of 2020 is set to see the biggest shake up of divorce laws for over half a century as the Divorce, Dissolution and Separation Bill entered Parliament on 7 January. First promised by the government in April 2018, divorcing couples have now been waiting nearly a year for the arrival of the bill, which is likely to revolutionise marriage split with the introduction of “no-fault” divorce.’
The Independent, 8th January 2020
Source: www.independent.co.uk
Employment and Discrimination Newsletter – January 2020 – 3PB
‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’
3PB, 6th January 2020
Source: www.3pb.co.uk
Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers
‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’
39 Essex Chambers, 7th January 2020
Source: www.39essex.com
CPS ‘struggling to cope’ in disclosing evidence to defendants – report – The Guardian
‘A shortage of prosecutors and experienced police officers has left investigators “struggling to cope” with obligations to disclose key evidence to defendants in criminal trials, according to a critical inspectorate report.’
The Guardian, 9th January 2020
Source: www.theguardian.com
Family Law Newsletter #32 – Spire Barristers
‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 6th January 2020
Source: spirebarristers.co.uk
Students who have been sexually assaulted are being let down by ‘inadequate’ support from universities, regulator warns – The Independent
‘Students who have been sexually assaulted or harassed are often being let down by “inadequate” support and “ineffective” reporting procedures in universities, the regulator has warned.’
The Independent, 9th January 2020
Source: www.independent.co.uk
Young victims of trafficking—prosecution or protection? – Counsel
‘The growth in ‘county lines’ cases involving young defendants, themselves victims of trafficking, poses particular issues: practical steps that may assist practitioners and recent case law principles.’
Counsel, January 2020
Source: www.counselmagazine.co.uk
MS patient found not guilty of cultivating cannabis for medical use – Garden Court Chambers
‘Carlisle Court acquitted an MS patient today of cultivating cannabis, following the Crown Prosecution Service’s decision not to offer evidence in court today on a public interest basis.’
Garden Court Chambers, 6th January 2020
Source: www.gardencourtchambers.co.uk
