Family Law Newsletter #31 – Spire Barristers
‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’
Spire Barristers, 2nd December 2019
Source: spirebarristers.co.uk
FCA New Approach to Claims Management Regulation – St Pauls Chambers
‘In April 2019, the FCA (Financial Conduct Authority) became the new regulator of Claims Management businesses (CMCs). At the same time, the Financial Ombudsman Service became responsible for resolving customer disputes about CMSs. In June 2018, the FCA issued a consultation paper (CP 18/15) which proposed a new Claims Management: Conduct of Business Sourcebook [CMCOB] and to apply relevant parts of the existing FCA Handbook.’
St Pauls Chambers, 28th November 2019
Source: www.stpaulschambers.com
Your flexible friend? Interim code rights (University of London v Cornerstone) – Falcon Chambers
‘This case has important ramifications in the electronic communications sector. It settles a narrow but important point—if an operator thinks a site is suitable but is not sure, can it survey the site and gain access for that purpose? The Court of Appeal determined that such a right was part and parcel of Code right 3(d), which grants a right to undertake ‘works’ which are ‘in connection with’ installation and other specified matters. The Court of Appeal held that an inspection (called a multi-skilled visit, or MSV, in the jargon) constituted ‘works’, and that it was ‘in connection with’ installation where its purpose was to determine finally whether installation should occur. Of wider importance is the fact that the Court of Appeal rejected the suggestion that a claim for rights on an interim basis under para 26 had to be accompanied by a claim for rights on a final basis under para 20. Unlike para 27, which links temporary rights with final rights, there is no such linkage in para 26. This frees up parties to make para 26 agreements and seek tribunal approval if they wish to enter into short-term agreements without automatic security of tenure under Part V of the Code, an option which is of great advantage to both operators and site providers.’
Falcon Chambers, 28th November 2019
Source: www.falcon-chambers.com
Education Newsletter – 39 Essex Chambers
‘The Winter edition of 39 Essex Chambers’ Education Newsletter is now available.’
39 Essex Chambers, November 2019
Source: www.39essex.com
State accountability for killings of civilians by soldiers in Northern Ireland: can the UK duck out? – Red Lion Chambers
‘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).’
Red Lion Chambers, 14th November 2019
Source: www.redlionchambers.co.uk
The Sex Disqualification (Removal) Act 1919 – 100 Years On – Pump Court Chambers
‘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.’
Pump Court Chambers, 29th November 2019
Source: www.pumpcourtchambers.com
The Age of Criminal Responsibility in England and Wales – 25 Bedford Row
‘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.’
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
‘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.’
Blackstone Chambers, 2nd December 2019
Source: www.sportslawbulletin.org
Jones v Secretary of State for Education – Blackstone Chambers
‘The High Court has given an important decision on governmental powers to supplement statutory procedures with non-statutory guidance and directions.’
Blackstone Chambers, 3rd December 2019
Source: www.blackstonechambers.com
Foreign statutory schemes – can they register as a registered pension scheme? – Wilberforce Chambers
‘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.’
Wilberforce Chambers, 24th November 2019
Source: www.wilberforce.co.uk
Domestic Abuse Perpetrator Programme & Practice Direction 12J – Article by Christopher Ferguson – Park Square Barristers
‘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.’
Park Square Barristers, 4th December 2019
Source: www.parksquarebarristers.co.uk
Siblings in care proceedings – Parklane Plowden Chambers
‘‘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.’
Parklane Plowden Chambers, 2nd December 2019
Source: www.parklaneplowden.co.uk
What are ‘insurmountable obstacles’ to family life? – Richmond Chambers
‘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.’
Richmond Chambers, 29th November 2019
Source: immigrationbarrister.co.uk
Third party harassment – 3PB
‘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.’
3PB, 4th November 2019
Source: www.3pb.co.uk
Court of Appeal Clarifies Proper Forum in Multi-Party Conspiracy Claims – Littleton Chambers
‘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.’
Littleton Chambers, 27th November 2019
Source: www.littletonchambers.com
Inquest concludes serious failures contributed to self-inflicted death of Beth Tenquist – Garden Court Chambers
‘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.’
Garden Court Chambers, 27th November 2019
Source: www.gardencourtchambers.co.uk
Criminal Finance Act 2017: Crime still doesn’t pay – 5SAH
‘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.’
5SAH, 2nd December 2019
Source: www.5sah.co.uk
