February 2017 – Page 5 – Current Awareness

Why pass FOI laws? The politics of freedom of information – The Constitution Unit

Posted February 22nd, 2017 in foreign jurisdictions, freedom of information, legislation, news by sally

‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’

The Constitution Unit, 16th February 2017

Source: www.constitution-unit.com

Roadside Trees – Local Government Law

Posted February 22nd, 2017 in accidents, local government, negligence, news, trees by sally

‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’

Local Government Law, 21st February 2017

Source: www.11kbw.com/blogs/local-government-law

Miller and the modern British Constitution – Counsel

Posted February 22nd, 2017 in constitutional law, devolution issues, EC law, judgments, legislation, news, parliament, prerogative powers, Supreme Court, treaties by sally

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

Counsel, March 2017

Source: www.counselmagazine.co.uk

Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers

Posted February 22nd, 2017 in estoppel, leases, news, service charges, tribunals by sally

‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:

Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and

Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’

Hardwicke Chambers, 18th January 2017

Source: www.hardwicke.co.uk

Rise of third party funding: a growing international consensus – Hardwicke Chambers

Posted February 22nd, 2017 in arbitration, costs, foreign jurisdictions, international law, news, third parties by sally

‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’

Hardwicke Chambers, 25th January 2017

Source: www.hardwicke.co.uk

Family Court proceedings: gender reassignment and ultra-orthodox Judaism – Cloisters

Posted February 22nd, 2017 in contact orders, equality, family courts, human rights, Judaism, news, transgender persons by sally

‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’

Cloisters, 1st February 2017

Source: www.cloisters.com

Maximising mini-pupillage – Counsel

Posted February 22nd, 2017 in barristers, diversity, legal profession, news, pupillage by sally

‘No contacts, no mini-pupillage? Dr Elaine Freer examines the state of work experience at the Bar in light of recent guidance for chambers and her own research on socio-economically disadvantaged aspirant entrants.’

Counsel, March 2017

Source: www.counselmagazine.co.uk

Formula Milk and Human Rights: Council That Removed Baby Pays Damages – RightsInfo

Posted February 22nd, 2017 in compensation, damages, families, human rights, local government, news by sally

‘A local council who took a newborn baby boy from his parents violated their human right to family life and a fair trial, a judge has ruled.’

RightsInfo, 17th February 2017

Source: www.rightsinfo.org

Top lawyers warn of human rights crisis after Brexit – The Guardian

Posted February 22nd, 2017 in brexit, EC law, human rights, international relations, news by sally

‘Leading lawyers and legal experts are warning that Brexit could trigger a human rights crisis in the UK that threatens to have a ‘domino effect’ across Europe.’

The Guardian, 21st February 2017

Source: www.guardian.co.uk

Adopting Scottish Children in England – Family Law Week

Posted February 22nd, 2017 in adoption, children, consent, families, news, parental responsibility, parental rights, Scotland by sally

‘Lorraine Cavanagh, barrister of St Johns Buildings, explains the implications of a recent important judgment of the President concerning the English courts’ recognition of permanence orders of Scottish children.’

Family Law Week, 14th February 2017

Source: www.familylawweek.co.uk

Parental consent not required for section 20 accommodation – Community Care Blog

Posted February 22nd, 2017 in appeals, consent, families, fostering, human rights, legislation, local government, news, statutory duty by sally

‘Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26.’

Community Care Blog, 9th February 2017

Source: www.communitycare11kbw.com

Legal records at risk – Counsel

Posted February 22nd, 2017 in archives, barristers, confidentiality, documents, legal history, legal profession, news by sally

‘The Bar is in danger of losing its distinct legal heritage, warns Clare Cowling – who outlines the considerable research value to be found in chambers records’

Counsel, March 2017

Source: www.counselmagazine.co.uk

Search engines and rights holders finalise new code to address online copyright infringement – OUT-LAW.com

Posted February 22nd, 2017 in codes of practice, computer programs, copyright, internet, news by sally

‘Google and Microsoft, together with representatives from the UK creative industries, have agreed on a new voluntary code to address online copyright infringement.’

OUT-LAW.com, 22nd February 2017

Source: www.out-law.com

How is the PLO working? What is its impact on court process and outcome? – Family Law Week

Posted February 22nd, 2017 in adoption, care orders, case management, children, contact orders, custody, expert witnesses, family courts, fostering, guardianship, local government, news, placement orders, reports, social services, statistics, supervision orders by sally

‘The last five years have brought important reforms to care proceedings. The Judiciary made proposals for modernising family justice with a focus on strong judicial leadership, judicial continuity and better case management.2 The Family Justice Review3 recommended that the duration of care proceedings should be limited to 26 weeks, that fewer experts should be instructed in proceedings and there should be more limited scrutiny of the care plan, with the court considering only the plan for permanency (care by the parents(s), placement in the extended family, long-term fostering, or adoption) and not matters such as services for the child and contact arrangements. The Review’s recommendations were enacted in the Children and Families Act 2014, supplemented by new procedural rules (the PLO 2014) and implemented on April 22, 2014. This date also marked the opening of the Family Court, replacing the triple jurisdiction of the Family Proceedings Court, the County Court and the High Court. ‘

Family Law Week, 17th February 2017

Source: www.familylawweek.co.uk

Accident victims “forced into rehab by greedy lawyers” – Litigation Futures

Posted February 22nd, 2017 in accidents, claims management, expert witnesses, law firms, news, personal injuries, rehabilitation, reports by sally

‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Cure for all ills? – Counsel

Posted February 22nd, 2017 in advocacy, barristers, consultations, criminal justice, fees, legal aid, news by sally

‘Fees are still too low, but the Bar has developed a better settlement for criminal practitioners to reward advocacy in a fairer and more transparent way. Now it’s up to the profession to make their voices heard and respond to the consultation, as Daniel Oscroft explains.’

Counsel, March 2017

Source: www.counselmagazine.co.uk

Public Sector Exit Payments – Old Square Chambers

Posted February 22nd, 2017 in employment, legislation, news by sally

‘As you may recall, Section 41 of the Enterprise Act 2016 gave the Government the power to issue regulations capping public sector exit payments at £95,000. Although draft regulations were published for “illustrative purposes” to assist the parliamentary debate on what became the Enterprise Act, no further moves were made at the time to implement this cap.’

Old Square Chambers, 3rd February 2017

Source: www.oldsquare.co.uk

Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition

Posted February 22nd, 2017 in bills, constitutional law, EC law, legislative drafting, news, parliament, treaties by sally

‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’

UK Constitutional Law Association, 21st February 2017

Source: www.ukconstitutionallaw.org

«
1
2
3
4
5
6
7
8
9
10
…
24
»

Categories

Archives