‘Out of control’ foreign divorce ‘squeezing out needy litigants’ – Law Society’s Gazette

Posted March 19th, 2014 in choice of forum, costs, divorce, financial provision, news by tracey

‘A High Court judge has spoken out against the court time taken by wealthy international litigants engaged in “out of control” divorce proceedings.’

Full story

Law Society’s Gazette, 18th March 2014

Source: www.lawgazette.co.uk

Funding Family Proceedings and Legal Services Orders – Family Law Week

‘Tony Ward, Family Law barrister with 3PB analyses the latest case law relating to Legal Services Orders under s.22ZA MCA 1973.’

Full story

Family Law Week, 18th March 2014

Source: www.familylawweek.co.uk

Hitting the Balls out of Court: Are Judges Stepping Over the Line? – Speech by Lord Justice Moses

‘Hitting the Balls out of Court: Are Judges Stepping Over the Line?
Speech by Lord Justice Moses: Creaney Memorial Lecture 2014, 26/02/2014’

Full speech

Judiciary Of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Family Provision of Justices’ Reasons in uncontested Cases – Judiciary of England and Wales

‘Guidance issued jointly by the Justices’ Clerks Society and the Magistrates’ Association with the approval of Mrs Justice Pauffley and the President of the Family Division.’

Full text of guidance

Judiciary of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

Ministers defeated in grey squirrel battle – The Independent

Posted March 19th, 2014 in animals, enforcement, news, prosecutions, protected species by tracey

‘Ministers have admitted defeat in their battle against grey squirrels, and will scrap a law to protect their red cousins. Campaigners, and MPs in the North East where the red squirrel can still be found, have expressed their shock at the abandonment of the law requiring people to report grey squirrels on their land so they can be exterminated.’

Full story

The Independent, 18th Independent 2014

Source: www.independent.co.uk

Immigrant detainees face ‘excessive force and abuse,’ says MoJ report – The Independent

Posted March 19th, 2014 in aircraft, detention, immigration, news, proportionality, restraint, unlawful killing by tracey

‘Immigrant detainees sent home from the UK are still facing “disproportionate force and restraint” and are subjected to offensive language from their escorts, according to a new report by the Ministry of Justice.’

Full story

The Independent, 18th March 2014

Source: www.independent.co.uk

Cocaine addict burglar jailed for life for killing defenceless War veteran in his bed – Daily Telegraph

Posted March 19th, 2014 in elderly, murder, news, sentencing by tracey

‘A burglar who attacked an 87-year-old World War Two veteran in his bed has been jailed for a minimum of 18-years after being found guilty of murder. Widower Frank Worsley, who served with the Royal Navy in the Far East, was “repeatedly beaten” about the face by cocaine user Daniel Crompton, 24.’

Full story

Daily Telegraph, 18th March 2014

Source: www.teelgraph.co.uk

Court of Appeal judges to rule on 1948 Malaya ‘massacre’ – BBC News

Posted March 19th, 2014 in appeals, armed forces, colonies, human rights, inquiries, news, public interest by tracey

‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’

Full story

BBC News, 19th March 2014

Source: www.bbc.co.uk

Children separated from their families by courts must know why – Daily Telegraph

‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’

Full story

Daily Telegraph, 18th May 2014

Source: www.telegraph.co.uk

Koran teacher who abused girl is spared jail to help his family – Daily Telegraph

‘An Islamic teacher who molested a girl as he taught her the Koran has avoided prison after claiming his family was dependent on him because his wife speaks “very little English”.’

Full story

Daily Telegraph, 19th March 2014

Source: www.telegraph.co.uk

Anti-fracking protesters’ Convention rights against private landowners – UK Human Rights Blog

Posted March 18th, 2014 in energy, fracking, freedom of expression, human rights, news, repossession, trespass by tracey

‘Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch). The Chancery Court has ruled that Convention rights may be engaged in disputes between private landowners and trespassers, thereby making it incumbent on the court under Section 6 of the Human Rights Act to balance the trespassers’ rights under Article 8 against the landowner’s rights under Article 1 Protocol 1.’

Full story

UK Human Rights Blog, 18th March 2014

Source: www.ukhumanrightsblog.com

UK Statistics Authority takes MoJ to task over “misleading” barrister earnings figures – Legal Futures

Posted March 18th, 2014 in barristers, codes of practice, fees, government departments, news, statistics by tracey

‘Government statements that criminal barristers earn an average of £84,000 from legal aid were misleading, the UK Statistics Authority (UKSA) has suggested.’

Full story

Legal Futures, 18th March 2014

Source: www.legalfutures.co.uk

Prince Charles, the Guardian and the Unreasonable Veto – Panopticon

‘As promised last week, this post contains a slightly fuller account of the Court of Appeal’s judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254. The history of the case is manifold and has been covered on this blog innumerable times (see: here, here and here). In essence, the Upper Tribunal held in a very lengthy judgment that some of the correspondence written by Prince Charles to various governmental departments ought to be disclosed in the public interest. The Attorney General then issued his statement of reasons under section 53 FOIA, which has the effect of vetoing the judicial decision. On any view, the veto is a highly unusual provision. The Divisional Court dismissed the judicial review of that veto. Mr Evans, a Guardian journalist, appealed.’

Full story

Panopticon, 18th March 2014

Source: www.panopticonblog.com

The Not Entirely Secret Diary of Mr Lansley – Panopticon

‘What considerations are relevant when deciding whether a Ministerial diary should be disclosed under FOIA? The decision of the First-tier Tribunal in Department of Health v Information Commissioner EA/2013/0087 is, perhaps surprisingly, the first Tribunal decision to address this issue. The judgment engages with a number of difficult issues: the Tribunal’s approach to Government evidence, the value of cross-examination in Tribunal hearings, aggregation of public interests under FOIA, and Parliamentary privilege. Hence it is of general importance, going beyond the intrinsic interest of its specific subject matter.’

Full story

Panopticon, 18th March 2014

Source: www.panopticonblog.com

Room use and Uratemp – NearlyLegal

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, news, social security by tracey

‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’

Full story

NearlyLegal, 17th March 2014

Source: www.nearlylegal.co.uk

Article 8 and the Private Sector – NearlyLegal

‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’

Full story

NearlyLegal, 16th March 2014

Source: www.nearlylegal.co.uk

Unsuccessful challenge to prison law legal aid cuts to be appealed – LegalVoice

Posted March 18th, 2014 in appeals, legal aid, news, prisons by tracey

‘The Howard League and the Prisoners’ Advice Service (PAS) this morning announced that they will appeal a decision by the High Court to dismiss their challenge to legal aid cuts for prisoners.’

Full story

LegalVoice, 17th March 2014

Source: www.legalvoice.org.uk

Mental Capacity Act 2005 – a damning report – Halsbury’s Law Exchange

‘The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.’

Full story

Halsbury’s Law Exchange, 17th March 2014

Source: www.halsburyslawexchange.co.uk

Why the human rights challenge to the ‘bedroom tax’ failed – Garden Court Chambers Blog

Posted March 18th, 2014 in appeals, benefits, disabled persons, housing, human rights, news, social security by tracey

‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’

Full story

Garden Court Chambers, 17th March 2014

Source: www.gclaw.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 18th, 2014 in legislation by tracey

The Pensions Increase (Review) Order 2014

The Social Security Benefits Up-rating Regulations 2014

The Child Support Fees Regulations 2014

The Port Security (Port of London) Designation Order 2014

The Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014

The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014

Source: www.legislation.gov.uk