Month: March 2015

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

Credit hire rates. Are they basically the same? – Park Square Barristers

Posted March 19th, 2015 in appeals, insurance, news, rent, road traffic by sally

‘A recent decision from the Court of Appeal has caused a sea-change in the ways in which courts will assess the likely cost of basic hire rates (BHRs) when assessing the recoverable damages to be paid under a credit-hire agreement. From now on, the courts will be entitled to calculate BHRs with reference to the lowest reasonable rate charged by a local (to the claimant) main hire company.’

Full story

Park Square Barristers, 6th March 2015

Source: www.parksquarebarristers.co.uk

Are Covert Recordings Admissible? – No. 5 Chambers

Posted March 19th, 2015 in admissibility, employment, employment tribunals, evidence, news, video recordings by sally

‘Charles Crow reviews recent decisions in relation to covert recordings by employees and the implications for Tribunals and employers.’

Full story

No. 5 Chambers, 12th January 2015

Source: www.no5.com

Enforcing family financial orders – Law Commission

Posted March 19th, 2015 in consultations, enforcement, financial provision, Law Commission, news by sally

‘Every year, thousands of separating couples apply to the courts for financial orders, either because they cannot agree or to turn an agreement into an order so as to make it enforceable. The courts can order a person to make financial provision for a former spouse or civil partner. Sometimes the courts also make orders for the benefit of the children. The orders are made to help make sure that the needs of both partners and their children are met and, where possible, to maintain their living standards.’

Full story

Law Commission, 11th March 2015

Source: www.lawcommission.justice.gov.uk

Sexual Offences Prevention Orders – One Inner Temple Lane

Posted March 19th, 2015 in news, sexual offences, sexual offences prevention orders by sally

‘The purpose of Sexual Offences Prevention Orders (SOPOs) are to protect the public or any particular members of the public where necessary from serious sexual harm from a defendant. This article is intended to consider the key features of the current regime pursuant to the Sexual Offences Act 2003 (SOA) and the limitations that the SOPO in its current form suffers from.’

Full story

One Inner Temple Lane, 27th February 2015

Source: www.1itl.com

Varying a Foreign Maintenance Order Post the Maintenance Regulation – Family Law Week

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

‘James Roberts, barrister of 1 King’s Bench Walk, and Catherine Silwal , Senior Solicitor with KJ Smith Solicitors, analyse the law relating to variation of foreign maintenance orders and the effect of the EU Maintenance Regulation (Council Regulation (EC) No 4/2009).’

Full story

Family Law Week, 17th March 2015

Source: www.familylawweek.co.uk