State accountability for killings of civilians by soldiers in Northern Ireland: can the UK duck out? – Red Lion Chambers

Posted December 4th, 2019 in armed forces, inquests, news, Northern Ireland, prosecutions, state liability, unlawful killing by sally

‘On Nov 11, 2019, the Conservative Party announced rather unclear plans to take legal steps to ensure that inquest juries in Northern Ireland could not return verdicts of unlawful killing in relation to actions by UK soldiers (and presumably other state agents such as the RUC police) in operations during The Troubles. The plans also apparently include barring prosecutions for any alleged unlawful acts during such operations during The Troubles (there is no statute of limitations on serious criminal offences in the UK so this would be an entirely novel step).’

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Red Lion Chambers, 14th November 2019

Source: www.redlionchambers.co.uk

The Sex Disqualification (Removal) Act 1919 – 100 Years On – Pump Court Chambers

Posted December 4th, 2019 in juries, legal profession, news, sex discrimination, women by sally

‘This year marks the centenary of the Sex Disqualification (Removal) Act 1919. This ground breaking Act of Parliament, which became law on 23 December 1919, allowed women to become Solicitors, Barristers, Magistrates and Jurors for the first time. The Act begins with the defining words “a person shall not be disqualified by sex or marriage from the exercise of any public function”. A sentiment which we take for granted nowadays but the first female jurors in England were sworn in on 29th July 1920. In the last 100 years, the legal profession has made progress in the pursuit of equality: the UK’s first female Prime Minister began her career studying for the Bar and our beloved first female President of the Supreme Court, Lady Hale has made her mark and taken every opportunity to develop equality within our legal system.’

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Pump Court Chambers, 29th November 2019

Source: www.pumpcourtchambers.com

The Age of Criminal Responsibility in England and Wales – 25 Bedford Row

Posted December 4th, 2019 in children, criminal responsibility, news by sally

‘At the age of 10, England and Wales have the lowest minimum age of criminal responsibility (MACR) in the EU. It means that from the penultimate year of primary school, children can stand trial in an adult criminal court.’

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25 Bedford Row, 4th December 2019

Source: www.25bedfordrow.com

All in a Day’s Work: Salary caps in the cross-hairs of UK and EU sports regulation – Blackstones Chambers

Posted December 4th, 2019 in competition, news, remuneration, sport by sally

‘The past couple of weeks have seen a major ruckus run through the world of Rugby Union, raising questions about the financial aspects of the game and how to ensure fair competition.’

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Blackstone Chambers, 2nd December 2019

Source: www.sportslawbulletin.org

Jones v Secretary of State for Education – Blackstone Chambers

Posted December 4th, 2019 in disciplinary procedures, judicial review, news, professional conduct, teachers by sally

‘The High Court has given an important decision on governmental powers to supplement statutory procedures with non-statutory guidance and directions.’

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Blackstone Chambers, 3rd December 2019

Source: www.blackstonechambers.com

Foreign statutory schemes – can they register as a registered pension scheme? – Wilberforce Chambers

Posted December 4th, 2019 in EC law, income tax, news, pensions by sally

‘The regime for registered pension schemes, which was first established with effect from A-Day (6 April 2006), is renowned for a number of things. One of those things is the expansion of the categories of person who can establish a pension scheme. However, as a recent case shows, the legislation contains anomalies.’

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Wilberforce Chambers, 24th November 2019

Source: www.wilberforce.co.uk

There’s ADR…and Then There’s ADR: It’s Not All the Same – Hardwicke Chambers

Posted December 4th, 2019 in consent, dispute resolution, families, news by sally

‘In this case, an application under the Inheritance (Provision for Family & Dependants) Act 1975, the Defendant refused consent to an Early Neutral Evaluation (‘ENE’) hearing. By an order dated 20 May 2019, Parker J therefore declined to order one, on the basis that the court did not have power to do so in such circumstances where consent to an ENE hearing is withheld by one of the parties.’

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Hardwicke Chambers, 27th November 2019

Source: hardwicke.co.uk

Domestic Abuse Perpetrator Programme & Practice Direction 12J – Article by Christopher Ferguson – Park Square Barristers

Posted December 4th, 2019 in domestic violence, news, rehabilitation by sally

‘Recently I have been involved in some cases where an abusive father has been referred to the DAPP (or the Domestic Violence Perpetrator Programme, as it used to be known). This can surely be an important feature in the programme of potential progress for a family where a father has been found to pose the sort of risk envisaged by paragraphs 32 – 37 of PD 12J.’

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Park Square Barristers, 4th December 2019

Source: www.parksquarebarristers.co.uk

Siblings in care proceedings – Parklane Plowden Chambers

Posted December 4th, 2019 in care orders, children, families, news by sally

‘‘I’d like a sibling assessment too, please’ are words usually accompanied by a roll of the eyes as the already stretched social work team tots up the extra work involved. On the extensive list of parenting assessments, viability and kinship assessments, expert assessment and so forth, the sibling assessment is often the bottom of the priorities.’

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Parklane Plowden Chambers, 2nd December 2019

Source: www.parklaneplowden.co.uk

What are ‘insurmountable obstacles’ to family life? – Richmond Chambers

Posted December 4th, 2019 in families, human rights, immigration, married persons, news by sally

‘What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.’

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Richmond Chambers, 29th November 2019

Source: immigrationbarrister.co.uk

Third party harassment – 3PB

Posted December 4th, 2019 in employment tribunals, harassment, news, race discrimination, third parties by sally

‘The Respondent (“R”) provides mental health services including a secure, residential unit for men who are the subject of a treatment order under s3 Mental Health Act 1987.’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Consent and expediency: binding non-signatories to international arbitration agreements – Six Pump Court

Posted December 4th, 2019 in arbitration, consent, enforcement, international law, news by sally

‘The issue of whether non-signatories to arbitration agreements can nevertheless be bound by such agreements is one of increasing importance as recourse to arbitration grows. The traditional limits of arbitration as defined by consent have come under increasing pressure given the enthusiasm for arbitration as the preferred means of dispute resolution in the context of international agreements.’

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Six Pump Court, 2nd December 2019

Source: www.6pumpcourt.co.uk

Perspective: being a Muslim woman at the Bar – No. 5 Chambers

Posted December 4th, 2019 in barristers, Islam, news, women by sally

‘As the Bar Council marks 100 years since the Sex Disqualification (Removal) Act 1919, which first allowed women to practise as lawyers, Nabila Mallick of No5 Barrister’s Chambers, speaks about her experience as a Muslim woman at the Bar.’

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No. 5 Chambers, 28th November 2019

Source: www.no5.com

Court of Appeal Clarifies Proper Forum in Multi-Party Conspiracy Claims – Littleton Chambers

Posted December 4th, 2019 in choice of forum, conspiracy, jurisdiction, news by sally

‘On 26 November 2019, the Court of Appeal gave judgment in ED&F Man Capital Markets Ltd v Straits (Singapore) Pte Limited [2019] EWCA Civ 2073. It clarifies when England will be the proper forum in multi-party conspiracy claims against defendants based in different jurisdictions. It contains a useful analysis of the recent Supreme Court judgment in Vedanta Resources plc v Lungowe [2019] UKSC 20, [2019] 2 WLR 1051.’

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

Inquest concludes serious failures contributed to self-inflicted death of Beth Tenquist – Garden Court Chambers

Posted December 4th, 2019 in hospitals, inquests, mental health, news, suicide by sally

‘Following an Inquest lasting 10 days, a jury returned a damning narrative in respect of Sussex NHS Trust and Mill View Psychiatric Hospital, setting out a catalogue of failings by the Trust.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Criminal Finance Act 2017: Crime still doesn’t pay – 5SAH

Posted December 4th, 2019 in corruption, foreign jurisdictions, money laundering, news, proceeds of crime, terrorism by sally

‘Financial gain provides the motivation behind all serious and organised crime. Billions of pounds are laundered through the UK every year. Understandably, it has long been the government’s policy to implement effective legislation to tackle this issue.’

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5SAH, 2nd December 2019

Source: www.5sah.co.uk

Some Further Thoughts on Pre-Nuptial Agreements – Becket Chambers

Posted December 4th, 2019 in news, prenuptial agreements by sally

‘Following on from Lord Phillip’s consideration in Radmacher of the vitiating or weight reducing factors of duress, fraud, misrepresentation, undue pressure and unworthy conduct such as an exploitation of a dominant position to secure an unfair advantage, to what extent can those factors combine with each other and with other factors that might diminish a Radmacher “appreciation of the implications” of the agreement, so that a case that might be weak on one point is nonetheless strong overall?’

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Becket Chambers, 28th November 2019

Source: becket-chambers.co.uk

“The BANGER extension” – Church Court Chambers

Posted December 4th, 2019 in citizenship, EC law, immigration, married persons, news, treaties by sally

‘Islam Khan explores what the “BANGER” extension establishes and how it affects the current “Surinder Singh” principle.’

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Church Court Chambers, 2nd December 2019

Source: churchcourtchambers.co.uk

Camden LBC v Morath [2019] UKUT 193 (LC) – Tanfield Chambers

Posted December 4th, 2019 in landlord & tenant, leases, news, service charges by sally

‘The First-tier Tribunal had been correct to refuse a local authority landlord’s application under the Landlord and Tenant Act 1987 section 35 to vary 28 subleases granted to the occupiers of flats. The fact that those sublessees made a lower contribution by way of service charges to the landlord’s expenses than the sublessees of other flats in the same development did not mean that their subleases failed, for the purposes of section 35(2), to “make satisfactory provision” for the recovery of expenditure.’

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Tanfield Chambers, 29th November 2019

Source: www.tanfieldchambers.co.uk

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

Posted December 4th, 2019 in asylum, detention, EC law, false imprisonment, immigration, judicial review, news, Supreme Court by sally

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com