Crypto statement a ‘watershed’ for English law – Law Society’s Gazette

‘In its first substantive output since being announced a year ago, the LawTech Delivery Panel last week posted good news for anyone developing, or working with, products based on blockchain encryption technology.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

British women ‘being forced into polygamous relationships’ because law lets them down, campaigners say – The Independent

Posted November 25th, 2019 in islamic law, marriage, married persons, news, women by sally

‘British women are increasingly being pressured into polygamous relationships or left without child support when relationships break up because UK law does not offer adequate protection to spouses in religious marriages, campaigners have warned.’

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The Independent, 25th November 2019

Source: www.independent.co.uk

Lady Hale predicts gender parity in judiciary by 2033 – The Guardian

Posted November 25th, 2019 in diversity, equality, judges, judiciary, news, remuneration, statistics by sally

‘Gender equality in the number of judges in England and Wales should be achieved by 2033 at the current rates of progress, according to Lady Hale, the president of the supreme court.’

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The Guardian, 23rd November 2019

Source: www.theguardian.com

Reach for the STaRs – new solicitors’ rulebook goes live – Legal Futures

‘The Solicitors Regulation Authority’s (SRA) new rulebook – Standards and Regulations (STaRs) – comes into force today, with experts highlighting several areas of significant change and opportunity for firms.’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk

The President’s New Clothes – Transparency Project

Posted November 25th, 2019 in domestic violence, families, family courts, judges, media, news by sally

‘This week has seen reports in the legal press of a speech in which the President of the Family Division set out an idea for a research project about news reports containing accounts of how family courts have handled domestic abuse claims. See for example : Press attacks on family courts should be assessed – McFarlane by Monidipa Fouzder in The Gazette.’

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Transparency Project, 23rd November 2019

Source: www.transparencyproject.org.uk

What is coercive control and why is it so difficult to recognize? – OUP Blog

‘Engaging in controlling and/or coercive behaviour in intimate or familial relationships became a new criminal offence in England and Wales in December 2015. Coercive Control involves a pattern of abuse that is used to harm, punish, or frighten the victim. Example behaviours included in this legislation are isolation from friends and family, deprivation of basic needs, monitoring behaviour and time, controlling a victim’s life and/or finances, and may include physical violence. The introduction of this offence was welcomed for recognising the cumulative impact of various forms of domestic abuse and for encouraging police and other criminal justice agencies to move beyond an incident-led and physical violence-based understanding of domestic abuse. However, four years on since the legislation was enacted and with no compulsory national level training or support, what has actually changed?’

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OUP Blog, 25th November 2019

Source: blog.oup.com

Jump in unrepresented defendants as legal aid cuts continue to bite – The Guardian

‘The number of unrepresented defendants in crown courts is rising sharply, the head of the Criminal Bar Association has warned, as cuts to legal aid increasingly affect the criminal justice system.’

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The Guardian, 24th November 2019

Source: www.theguardian.com

Legislating for a new framework – Law Society’s Gazette

Posted November 25th, 2019 in bills, brexit, climate change, environmental health, environmental protection, news by sally

‘On 15 October the Environment Bill was published. The first half of the bill was originally published in December 2018 as the Environmental (Principles and Governance) Bill.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

Review launched into Government’s compensation scheme for families of British people murdered overseas – Daily Telegraph

‘A review is under way into the Government’s compensation scheme for families of British people murdered outside the UK and the European Union.’

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Daily Telegraph, 24th November 2019

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 25th, 2019 in legislation by sally

The Meat (Official Controls Charges) (England) (Amendment) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 25th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Emambux v Innisfree Housing Association Ltd [2019] EWCA Civ 2048 (22 November 2019)

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019)

Griffith v Gourgey & Ors [2019] EWCA Civ 2046 (22 November 2019)

Secretary of State for the Home Department v KF (Nigeria) [2019] EWCA Civ 2051 (22 November 2019)

Leon v Her Majesty’s Attorney General & Ors [2019] EWCA Civ 2047 (22 November 2019)

High Court (Administrative Court)

Jasieniewicz v District Court In Wroclaw-Fabryczna, Poland [2019] EWHC 3187 (Admin) (22 November 2019)

High Court (Chancery Division)

Robert Glew & Denton And Co Trustees Ltd & Anor v Matossian-Rogers & Ors [2019] EWHC 3183 (Ch) (22 November 2019)

Agents’ Mutual Ltd v Gascoigne Halman Ltd (t/a Gascoigne Halman) & Anor [2019] EWHC 3104 (Ch) (22 November 2019)

Kinsella & Anor v Emasan AG & Anor [2019] EWHC 3196 (Ch) (21 November 2019)

High Court (Commercial Court)

Ivanhoe Mines Ltd v Gardner [2019] EWHC 3142 (Comm) (22 November 2019)

Alianca Navegacao E Logistica LTDA v Ameropa SA [2019] EWHC 3152 (Comm) (22 November 2019)

High Court (Queen’s Bench Division)

Chandler v O’Connor [2019] EWHC 3181 (QB) (22 November 2019)

Source: www.bailii.org

Blood products and Jehovah’s Witnesses: An NHS Trust v C NHS Trust & Ors – Law & Religion UK

Posted November 22nd, 2019 in blood products, children, consent, medical treatment, news by sally

‘In An NHS Trust v C NHS Trust & Ors [2019] EWHC 3033 (Fam), CX, now fourteen, had been diagnosed with lymphatic cancer when he was three. He was treated successfully, but in 2019 his cancer returned [1]-[2]. As a result of the chemotherapy that he was to receive, it was likely that his blood counts would drop significantly and that he would need transfusions of blood products [5]. Both CX and his mother were Jehovah’s Witnesses: each was willing to consent to the proposed chemotherapy, stem cell harvesting and the return of the stem cells following chemotherapy, but would not consent to the administration of blood and/or blood products – which the doctors believed to be a necessary and integral part of CX’s recovery.’

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Law & Religion UK, 21st November 2019

Source: www.lawandreligionuk.com

Ruling flags risk facing data licensees – OUT-LAW.com

Posted November 22nd, 2019 in database right, licensing, news by sally

‘A recent ruling highlights the need for businesses accessing data from third parties to make sure that their intended use of that data is covered by the licensing terms on which the data is being made available, an expert in intellectual property law has said.’

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OUT-LAW.com, 21st November 2019

Source: www.pinsentmasons.com

An appeal is not a form of gratuitous essay-marking exercise – Practical Law: Construction Blog

Posted November 22nd, 2019 in appeals, contracts, judgments, news, sale of land by sally

‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’

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Practical Law: Construction Blog, 22nd November 2019

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted November 22nd, 2019 in law reports by sally

Court of Appeal (Civil Division)

Barton v Gwyn-Jones & Ors [2019] EWCA Civ 1999 (21 November 2019)

B (Secure Accommodation Order), Re (Rev 1) [2019] EWCA Civ 2025 (21 November 2019)

High Court (Administrative Court)

Wokingham Borough Council v Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 3158 (Admin) (21 November 2019)

British Blind And Shutter Association, R (On the Application Of) v Secretary of State for Housing Communities And Local Government [2019] EWHC 3162 (Admin) (21 November 2019)

High Court (Commercial Court)

Lotus Cars Ltd v Marcassus Sport SARL [2019] EWHC 3128 (Comm) (21 November 2019)

Quinn Infrastructure Services Ltd v Sullivan & Os [2019] EWHC 2863 (Comm) (21 November 2019)

High Court (Family Division)

F v M (Appeal: Finding of Fact) [2019] EWHC 3177 (Fam) (21 November 2019)

High Court (Patents Court)

Excel-Eucan Ltd v Source Vagabond Systems Ltd [2019] EWHC 3175 (Pat) (21 November 2019)

High Court (Queen’s Bench Division)

Iraqi Civilians v Ministry of Defence [2019] EWHC 3088 (QB) (21 November 2019)

Rahmatullah & Anor v The Ministry Of Defence & Anor [2019] EWHC 3172 (QB) (21 November 2019)

Source: www.bailii.org

Vulnerable witnesses and parties in the Family Courts – Local Government Lawyer

Posted November 22nd, 2019 in children, disabled persons, family courts, mental health, news, witnesses by sally

‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’

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Local Government Lawyer, 22nd November 2019

Source: www.localgovernmentlawyer.co.uk

Law firm co-founder was not an employee, tribunal rules – Legal Futures

Posted November 22nd, 2019 in barristers, employment tribunals, law firms, news, unfair dismissal by sally

‘One of the barrister founders of a pioneering legal aid firm in the North-East was not an employee or worker and so cannot bring unfair dismissal and other claims, an employment tribunal has ruled.’

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Legal Futures, 22nd November 2019

Source: www.legalfutures.co.uk

Sex offender jailed for the rape of 76-year-old woman – Crown Prosecution Service

Posted November 22nd, 2019 in elderly, news, rape, sentencing by sally

‘A registered sex offender who raped a 76-year-old woman as she walked her dog has been jailed.’

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Crown Prosecution Service, 21st November 2019

Source: www.cps.gov.uk

Study restrictions ‘unlawfully imposed’ on university students – Law Society’s Gazette

Posted November 22nd, 2019 in asylum, bail, immigration, news, universities by sally

‘TThe Home Office has agreed to review its immigration bail guidance, a law firm has said as it was preparing to challenge the government in court next week in a case concerning two asylum-seeking university students.’

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Law Society's Gazette, 21st November 2019

Source: www.lawgazette.co.uk

Shrewsbury maternity scandal: Hundreds of families whose babies died or have been left with brain damage in hospital to be contacted by trust – The Independent

Posted November 22nd, 2019 in birth, families, hospitals, midwives, news, pregnancy, reports by sally

‘Hundreds of families whose babies died or have been left with brain damage after maternity care treatment at Shrewsbury and Telford Hospital Trust are now being informed they are part of a major investigation into the largest scandal of its type ever to hit the NHS, following a report by The Independent.’

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The Independent, 21st November 2019

Source: www.independent.co.uk