A 40-Year Revolution in Financial Remedies – Financial Remedies Journal

‘My subject today is revolution. Don’t worry. I am not advocating a take-over of the country by Tommy Robinson or Piers Corbyn. I am talking about the fundamental transformation of financial remedy work since I undertook my first ever case on 19 July 1983 in the Edmonton County Court, just over 41 years ago.’

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Financial Remedies Journal, 16th October 2024

Source: financialremediesjournal.com

Bailiff who took emotional support dog on jobs loses discrimination case – The Guardian

‘A bailiff who took her miniature Yorkshire terrier on debt collection jobs has lost her case for discrimination after being told she was not entitled to have an emotional support dog at work.’

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The Guardian, 18th October 2024

Source: www.theguardian.com

Christian schools’ legal challenge against VAT on fees – BBC News

Posted October 21st, 2024 in Christianity, fees, news, school children, taxation, teachers, VAT by sally

‘A independent faith school in Hampshire has launched a legal challenge against the government’s plans to introduce VAT on private school fees.’

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BBC News, 21st October 2024

Source: www.bbc.co.uk

Fewer women may go to jail in England and Wales in sentencing review – The Guardian

‘Fewer women could be sent to jail under a review to be announced by ministers this week that is expected to cut sentences for thousands of criminals.’

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The Guardian, 20th October 2024

Source: www.theguardian.com

‘Obsessive’ schoolboy who attacked teacher and sleeping students with hammer jailed – The Independent

‘A public schoolboy who attacked two students and a teacher with claw hammers while they slept at a boarding school in Devon has been jailed for life with a minimum of 12 years.’

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The Independent, 19th October 2024

Source: www.independent.co.uk

UN rapporteur challenges LSE over action against pro-Palestine protesters – The Guardian

‘The London School of Economics has been criticised by a UN rapporteur and accused of Islamophobia after reportedly raising an allegation that students behind a pro-Palestine demonstration in July had prompted fears of a repeat of the 7/7 terrorist attacks.’

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The Guardian, 20th October 2024

Source: www.theguardian.com

Former top judge demands help for prisoners ‘left to rot’ under ‘morally wrong’ indefinite jail terms – The Independent

‘Britain’s former top judge has backed The Independent’s campaign for prisoners serving indefinite jail terms to have their sentences reviewed, and called for the government to take responsibility for the “morally wrong” punishment.’

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The Independent, 20th October 2024

Source: www.independent.co.uk

Form FM5 and MIAM’s – Becket Chambers

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

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Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Testamentary capacity: warning signs and professional best practice – Wilberforce Chambers

Posted October 18th, 2024 in chambers articles, expert witnesses, news, probate, wills by sally

‘The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and contentious alike. The validity of a will was disputed on the grounds of lack of testamentary capacity and want of knowledge and approval. The case stands out for its unusual facts, of how warning signs were missed, of how a professional will drafter failed to comply with repeated client instructions for a simple will, and of how the court will be aided (or not) by ex post facto expert evidence.’

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Wilberforce Chambers, 30th September 2024

Source: www.wilberforce.co.uk

Damages as an adequate remedy in Employee Competition claims – Blackstone Chambers

Posted October 18th, 2024 in chambers articles, competition, damages, employment, injunctions, news by sally

‘Much ink will be spilt over the Supreme Court’s decision in Tesco Stores v USDAW [2024] UKSC 28 relating to an implied contractual term preventing Tesco from firing (and then rehiring) employees in order to remove guaranteed retained pay, and consequential injunctive relief to prevent the same. Here, I consider only one issue from that decision that impacts on applications for injunctions in the employee competition sphere: the question of damages as an adequate remedy.’

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Blackstone Chambers, 23rd September 2024

Source: www.employeecompetition.com

Practice Direction 12J, fact find hearings and child arrangements – E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 – Becket Chambers

‘E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 was a recent appeal brought by the Mother on 2 grounds; the first in respect of a child arrangements order made for unsupervised contact and the second regarding an adjournment due to a Qualified Legal Representative (‘QLR’) not being available for the fact find hearing. This article will focus on the first ground in respect of the child arrangements order.’

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Becket Chambers, 30th September 2024

Source: becket-chambers.co.uk

Home Office hires 200 staff to clear huge backlog of UK modern slavery cases – The Guardian

Posted October 18th, 2024 in delay, forced labour, government departments, immigration, news, victims by sally

‘The Home Office has recruited 200 staff to clear a backlog of 23,300 modern slavery cases left by the last government, a minister has told the Guardian.’

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The Guardian, 18th October 2024

Source: www.theguardian.com

Woman living in UK for 22 years faces deportation – BBC News

‘A woman who has been living in the UK for 22 years said she has been left “traumatised” after being told she could be deported.’

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BBC News, 18th October 2024

Source: www.bbc.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Wife of Tory councillor jailed for stirring racial hatred after Southport attack – The Guardian

‘A childminder married to a Conservative councillor has been jailed after calling for hotels housing asylum seekers to be set on fire after the Southport attacks.’

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The Guardian, 17th October 2024

Source: www.theguardian.com

Deaths in police custody reach 17-year high, figures reveal – The Independent

Posted October 18th, 2024 in accidents, death in custody, news, ombudsmen, police, road traffic, statistics, suicide by sally

‘The number of people to die in police custody last year is the highest in almost two decades, new figures have revealed.’

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The Independent, 17th October 2024

Source: www.independent.co.uk

A Comparative Analysis of Devolved Judicial Review: A Summary – Judicial Review

Posted October 17th, 2024 in devolution, judicial review, news, Northern Ireland, Scotland, Wales by sally

‘Statistical analysis of judicial review is notoriously difficult, in part due to the inconsistency in what is published by official sources which results in a ‘partial account of [judicial] activity’.’

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Judicial Review, 16th September 2024

Source: www.tandfonline.com

LASPO 2012: ten years and beyond – a socio-legal study of the impact of legal aid cuts on service providers in England and Wales – Legal Ethics

‘Major reforms via the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and subsequent reforms have reduced the legal aid budget and the scope of eligibility in criminal as well as civil cases. According to Mansfield et al., the principles of justice that embody the legal aid provision has been neglected by governments for over a decade and as such; created a gap that emasculates the most vulnerable in society, such as recipients of legal aid. This study employs an interview-based approach to investigate alternative perspectives in terms of the cuts and widespread impact on service providers in England and Wales, such as barristers, and solicitors. Detailed qualitative data were collected to provide insights into the diminishing legal aid scheme through the lived experiences of both civil and criminal legal aid providers. The study examines the concerns of service providers regarding their future as public defenders and the future of the judicial system post-LASPO 2012, focusing on safeguarding the rights of individuals facing litigation and ensuring that newly qualified lawyers are not deterred from public defence roles due to the long-term effects of ongoing legal aid cuts.’

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Legal Ethics, 10th September 2024

Source: www.tandfonline.com

‘Don’t panic, don’t panic’: an analysis of a purported pro-eating disorder website/online content moral panic and legal and policy responses

Posted October 17th, 2024 in food, health, internet, mental health, news by sally

‘It has been argued that newspaper responses to pro-eating disorder websites, within the United Kingdom (UK), constitute a moral panic. It is feared that moral panics may spur rash legal/policy responses. My analysis indicates that the consideration of pro-eating disorder websites by British newspaper journalists and others does not constitute a moral panic. I argue that the misuse of the moral panic concept exemplifies the dominance of emotivism within contemporary culture and may trivialise potential online harms and serve as an apologia for surveillance/digital capitalism. I contend that pro-eating disorder websites are potentially harmful and assess legal and policy responses, such as the Online Safety Act 2023 and the advancement of the digital commons. I also contend that the increase in the number of people suffering with eating disorders within the UK should be addressed by devoting more resources for research into, and the prevention and treatment of, eating disorders.’

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Information & Communications Technology Law, 18th September 2024

Source: www.tandfonline.com

Coroner raises concerns over new drivers taking passengers after north Wales crash – The Guardian

Posted October 17th, 2024 in accidents, coroners, inquests, news, road safety, young persons by sally

‘A coroner has raised concerns about young, newly qualified drivers being allowed to carry passengers, during an inquest into the deaths of four teenagers who drowned after a crash in north Wales.’

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The Guardian, 16th October 2024

Source: www.theguardian.com