Day: 19 March 2015

EVENT: The Law Society – The life and times of the Human Rights Act

Posted March 19th, 2015 in Forthcoming events by sally

‘How do you guarantee effective human rights within the UK system of government? Has the Human Rights Act struck the right balance? Why has the Act become a political football?

At this event Jonathan Cooper will provide a serious analysis of the life and times of the Human Rights Act. The talk will cover a wide-ranging review of the Human Rights Act’s past, present and its future. No doubt there will be a few ghosts knocking about.’

Date: 23rd March 2015, 6.00-8.00pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.

Local Authority Governance, Current Issues – Thirty Nine Essex Street

Posted March 19th, 2015 in local government, news, standards by sally

‘“Governance” in local authority terms means different things to different people. We have chosen three issues within this broad field which appear to us to have caused significant recent controversy, and which are likely to continue to cause problems in the future. These are –

a. Local government standards and predetermination particularly examining the regime under the Localism Act 2011 and asking, two years on from its implementation, what has been the impact of the new regime?
b. A look at some recent case-law concerning the conduct of local authority meetings, the provision of information at and prior to meetings, and the effect of breaches of such requirements on the legality of decisions.
c. Finally, some brief notes on the 2014 DCLG Transparency Code and the Local Audit and Accountability Act 2014.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Hillsborough inquests: Assessing David Duckenfield’s evidence – BBC News

Posted March 19th, 2015 in evidence, health & safety, inquests, news, police, sport by sally

‘Police match commander David Duckenfield spent a week in the witness box at the new inquests into the Hillsborough disaster. But what were the key parts of his evidence, and what have we learned?’

Full story

BBC News, 19th March 2015

Source: www.bbc.co.uk

Schedule 1 – Child Maintenance – Tanfield Chambers

Posted March 19th, 2015 in child support, news, periodical payments, regulations by sally

‘S 8 of the Child Support Act 1991 (CSA 1991) circumscribes the role of the courts in deciding child maintenance. This act trumps the provisions in the MCA 1973 and Children Act 1989 s 15 / Schedule l save in certain circumstances (e.g. where an existing maintenance order has been made less than one year earlier – s 4 (10) (aa) CSA 1991). The combined effect of s10 CSA 1991 and § 3 (1) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (SI 1992/2645) is that from the effective date of a maintenance calculation made pursuant to CSA 1991, any existing court order ceases to have effect.’

Full story

Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

All proportionality defences are equal, but some are more equal than others – Zenith Chambers

Posted March 19th, 2015 in appeals, defences, disability discrimination, housing, human rights, news, proportionality, Supreme Court by sally

‘The Supreme Court, in the case of Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15, have provided some much needed and helpful clarification of the practicalities of raising and potentially defeating a defence based on discrimination on a summary basis. In the event, events overtook the appeal, and Mr Akerman-Livingstone’s appeal was dismissed, but had it not been for a suitable offer of accommodation and the superior landlord serving notice to quit on the Housing Association and requiring vacant possession from them, the result would have been different.’

Full story (PDF)

Zenith Chambers, 12th March 2015

Source: www.zenithchambers.co.uk

Top 10 Planning and Environmental Cases of 2014-2015 – Thirty Nine Essex Street

Posted March 19th, 2015 in appeals, enforcement, environmental protection, housing, news, planning by sally

‘This paper is intended to provide a focused update in relation to the most significant cases within the last twelve months of interest to those practicing in the area of environmental and planning law. In relation to each of the cases, the paper sets out asummary of the pertinent facts, the key issues decided by the case, together with some reflections on the legal and practical implications of the decisions.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Mum jailed for arson on Ruabon home while children inside – BBC News

Posted March 19th, 2015 in arson, news, sentencing by sally

‘A mother-of-two who claimed voices in her head told her to set fire to her home with her children inside has been jailed.’

Full story

BBC News, 18th March 2015

Source: www.bbc.co.uk

Changes announced to UK’s venture capital rules – Technology Law Update

Posted March 19th, 2015 in budgets, financial regulation, news by sally

‘Although there is precious little detail until the Finance Bill is published next week you may be interested in the following new Budget announcements concerning SEIS/EIS/VCT investments – I haven’t included previously announced measures.’

Full story

Technology Law Update, 19th March 2015

Source: www.technology-law-blog.co.uk

Single dad adopts surrogate baby born to his mother – Park Square Barristers

Posted March 19th, 2015 in adoption, families, news, parental responsibility, surrogacy by sally

‘The single father in the recent case B v C & Others (Surrogacy: Adoption) [2015] EWFC 17 (Fam) successfully obtained an adoption order which was the only means open to him to secure his legal relationship with his surrogate son. Alison Hunt of Park Square Barristers represented the father in this unique case in the Family Court before Mrs Justice Theis. The judgment opens the way for other single would-be parents to proceed in the same way, but it also highlights the very real pitfalls and uncertainty which await them in this difficult process. It raises questions about whether parental orders should be available to single applicants as they are for couples.’

Full story

Park Square Barristers, 9th March 2015

Source: www.parksquarebarristers.co.uk

Missing Persons – Tanfield Chambers

Posted March 19th, 2015 in disclosure, news, presumption of death orders, third parties by sally

‘After bringing the first claim of its kind in the High Court in 2015, Gwyn Evans discusses how the Act will bring some relief to grieving families.’

Full story

Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

Family Law Week’s Budget Briefing 2015 – Family Law Week

Posted March 19th, 2015 in bills, budgets, news, taxation by sally

‘Jan Ellis, chartered accountant, of Ellis Foster LLP, a firm which specialises in advising family lawyers on tax-related family law issues, explains the budget changes of most relevance to family lawyers.’

Full story

Family Law Week, 18th March 2015

Source: www.familylawweek.co.uk

Court bundle sizes in care proceedings must be controlled – Park Square Barristers

Posted March 19th, 2015 in documents, family courts, news, practice directions by sally

‘In the recent case of Re L (A Child) [2015] EWFC 1, the president of the Family Division, Sir James Munby, reminded practitioners of the importance of following Practice Direction 27A when preparing court bundles in care proceedings, and keeping their size under control. ‘

Full story

Park Square Barristers, 12th March 2015

Source: www.parksquarebarristers.co.uk

Managing Cuts: Lawful decision-making, PSED and consultation – Thirty Nine Essex Street

Posted March 19th, 2015 in consultations, equality, financial provision, news by sally

‘In recent years there have been an increased number of challenges to local authority decisions made under the pressure of increasingly tight and potentially unmanageable
financial constraints. Many of these legal challenges have centred on alleged failures to comply with the Public Sector Equality Duty (PSED) together with alleged deficiencies in the consultation process. As financial pressures continue, and further cuts are required, this paper discusses the lessons to be learned from the cases so far, and offers practical tips for lawful decision-making in these difficult times.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

EVENT: The Law Society – Civil Justice Section spring conference – The business of civil litigation

Posted March 19th, 2015 in Forthcoming events by sally

‘Join expert speakers for a detailed examination of some of the current hot topics for litigators. This is an opportunity to learn, be inspired and get ahead for 2015.’

Date: 29th April 2015, 3.30-6.45pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: See website for details

More information can be found here.

Facing a Bar disciplinary tribunal? The odds are increasing that you’ll be disbarred – Legal Futures

Posted March 19th, 2015 in barristers, disciplinary procedures, disqualification, news, reports by sally

‘A third of Bar disciplinary tribunals last year led to disbarment, nearly twice the proportion of 2013, the Bar Tribunals and Adjudication Service’s (BTAS) annual report has shown.’

Full story

Legal Futures, 18th March 2015

Source: www.legalfutures.co.uk

EVENT: IALS – Open Justice and Open Secrets: The Cultural Afterlife of Criminal Evidence

Posted March 19th, 2015 in Forthcoming events by sally

‘This presentation examines the cultural afterlife of criminal evidence. It explores what happens to the evidence tendered in criminal proceedings after the conclusion of the trial, or during the trial but outside the courtroom. Formally regarded as part of the court record, and subject to the rules of evidence within the trial, beyond the trial this material has aroused the interest of artists, publishers, historians, curators and journalists who wish to access and use this material for a wide range of purposes, some of which might be transgressive, dangerous or insensitive.’

Date: 13th May 2015, 6.00-8.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: The Law Society – Graham Turnbull Lecture 2015

Posted March 19th, 2015 in Forthcoming events by sally

‘Every year the Law Society holds a human rights essay competition this year the title was
‘The roots of many of our basic rights go back to the Magna Carta whose 800th Anniversary is being celebrated in 2015. Given this important legacy, to what extent would proposals to repeal the Human Rights Act 1998 and pull out of the European Convention on Human Rights impact on the protection of human rights in the UK and around the world?’’

Date: 16th April 2015, 6.30-8.30pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.

Vince v Wyatt; the value of a clean break order – Zenith Chambers

Posted March 19th, 2015 in divorce, financial provision, news by sally

‘The Supreme Court has told us that Ms Wyatt must explain and justify her reasons for delaying in making a claim, and that it is important to address the effect of delay on the Respondent. Little has been said of the responsibility of any spouse seeking to exclude future claims against themselves to seek a clean break order.’

Full story

Zenith Chambers, 13th March 2015

Source: www.zenithchambers.co.uk

Online divorce… a practical choice – Legal Services Board

Posted March 19th, 2015 in divorce, internet, Legal Services Board, news, reports by sally

‘The Legal Services Board and the Legal Services Consumer Panel today publish jointly commissioned research comparing the consumer experience of online divorce with more traditional services. This is the first time that this aspect of online legal services has been looked at.’

Full story

Legal Services Board, 19th March 2015

Source: www.legalservicesboard.org.uk

Advising witnesses on the defence case: what are the issues? – Halsbury’s Law Exchange

Posted March 19th, 2015 in consultations, cross-examination, evidence, news, witnesses by sally

‘The CPS have recently been running a consultation entitled “Speaking to Witnesses at Court”. The consultation period ended on Monday 16th March, and we await their response.’

Full story

Halsbury’s Law Exchange, 18th March 2015

Source: www.halsburyslawexchange.co.uk