Day: 20 November 2017

Tagging requirements in SOPOs are lawful – UK Police Law Blog

Posted November 20th, 2017 in appeals, electronic monitoring, news, sexual offences prevention orders, Supreme Court by tracey

‘In R (on the application of Richards) v Chief Constable of Cleveland Police (UKSC 2017/0090) the Supreme Court has refused permission to appeal against the imposition of a tagging requirement in a Sexual Offences Prevention Order (“SOPO”). The undisturbed judgment of the Court of Appeal in R (on the application of Richards) v Teesside Magistrates’ Court [2015] EWCA Civ 7; [2015] 1 WLR 1695 endorses (and perhaps extends) the purpose and effect of imposing qualified restrictions on sex offenders.’

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UK Police Law Blog, 19th November 2017

Source: ukpolicelawblog.com

Article 15 transfer requests – what happens next? (FE v MR and Others) – Family Law

Posted November 20th, 2017 in brexit, children, contact orders, custody, divorce, EC law, jurisdiction, news by tracey

‘Family analysis: Analysing a case where the Family Court submitted a ‘highly unusual’ request under Article 15 of Brussels II bis to the Spanish court for it to transfer jurisdiction to the courts of England and Wales, Chris Stevenson, barrister at Fourteen, questions how such cases will be approached in a post-Brexit world.’

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Family Law, 17th November 2017

Source: www.familylaw.co.uk

New rule to emphasise that no Business & Property Courts case is “to big to be heard outside London” – Litigation Futures

Posted November 20th, 2017 in choice of forum, civil procedure rules, news, practice directions by tracey

‘There is to be a new part of the Civil Procedure Rules to deal with the launch of the Business and Property Courts (BPCs) to emphasise that no case is too big to be tried outside London, it has been decided.’

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Litigation Futures, 20th November 2017

Source: www.litigationfutures.com

Father jailed for at least 33 years for murdering his children – Crown Prosecution Service

Posted November 20th, 2017 in arson, murder, news, sentencing by tracey

‘A father who suffocated his two young children with a cloth soaked in petrol before setting fire to the family home has been given a life sentence with a minimum of 33 years for their murder today (20 November).’

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Crown Prosecution Service, 20th November 2017

Source: www.cps.gov.uk

BAILII: Recent Decisions

Posted November 20th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

HM Revenue and Customs v Répertoire Culinaire Ltd [2017] EWCA Civ 1845 (20 November 2017)

Shittu v The Home Office [2017] EWCA Civ 1748 (17 November 2017)

H (A Child : Surrogacy Breakdown) [2017] EWCA Civ 1798 (17 November 2017)

Secretary of State for the Home Department v FY (Somalia) [2017] EWCA Civ 1853 (17 November 2017)

High Court (Administrative Court)

Mellat v HM Treasury [2017] EWHC 2931 (Admin) (20 November 2017)

Miah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) (17 November 2017)

Supawan, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2918 (Admin) (17 November 2017)

Imam, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2917 (Admin) (17 November 2017)

High Court (Chancery Division)

The Secretary of State for Business, Innovation and Skills v Akbar & Ors [2017] EWHC 2856 (Ch) (16 November 2017)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov [2017] EWHC 2906 (Comm) (17 November 2017)

Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017] EWHC 2928 (Comm) (17 November 2017)

High Court (Queen’s Bench Division)

Alsaifi v Trinity Mirror Plc & Board of Directors & Anor [2017] EWHC 2873 (QB) (17 November 2017)

Source: www.bailii.org

MoJ reveals massive budget cut as new advice deserts open – Law Society’s Gazette

Posted November 20th, 2017 in budgets, legal aid, Ministry of Justice, news by tracey

‘The deeply worrying scale of the budgetary pressures bearing down on the Ministry of Justice is laid bare in new figures which will dampen already faint hopes of public funding reform. In a written parliamentary answer, justice minister Dominic Raab revealed that the MoJ will have suffered a cumulative 40% real terms cut in its budget over the fiscal decade ending in 2020.’

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Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

The revised Practice Direction 12J: Child Arrangements & Contact Order: Domestic Violence and Harm – Family Law Week

Posted November 20th, 2017 in child abuse, child arrangements orders, contact orders, domestic violence, family courts, news, practice directions by tracey

‘Marie Crawford, barrister of Becket Chambers, explains in detail the changes to Practice Direction 12J.’

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Family Law Week, 17th November 2017

Source: www.familylawweek.co.uk

Divorcing parents who poison children against their former partner could lose custody – The Independent

Posted November 20th, 2017 in contact orders, custody, divorce, news by tracey

‘Divorcing parents could lose custody or be denied contact with their children if they attempt to poison them against their former partner, under the rules of a new pilot scheme.
The “groundbreaking” initiative, being trialled by the Children and Family Court Advisory and Support Service (Cafcass), is designed to tackle the problem officially known as “parental alienation” where one parent turns a child against the other so they do not want to see them.’

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The Independent, 19th November 2017

Source: www.independent.co.uk

Police tsar admits Sir Edward Heath inquiry ‘flaws’ – Daily Telegraph

Posted November 20th, 2017 in child abuse, inquiries, news, police, sexual offences by tracey

‘The outcome of Wiltshire police’s investigation into Sir Edward Heath is “unsatisfactory”, the force’s own crime commissioner has admitted.’

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Daily Telegraph, 18th November 2017

Source: www.telegraph.co.uk

Council bans care home’s £1 bingo competition and accuses OAPs of breaking illegal gambling laws – Daily Telegraph

Posted November 20th, 2017 in care homes, gambling, local government, news by tracey

‘Pensioners at a care home have had their £1 bingo competition banned after a council accused them of breaking the law against illegal gambling dens.’

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Daily Telegraph, 19th November 2017

Source: www.telegraph.co.uk

Change law to protect gig economy workers, MPs’ report urges – The Guardian

Posted November 20th, 2017 in bills, news, select committees, self-employment by tracey

‘The government is under pressure to change the law to tackle bogus self-employment and protect workers in the gig economy after a report published on Monday by two influential parliamentary committees.’

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The Guardian, 20th November 2017

Source: www.theguardian.com

Increase in disgruntled employees stealing confidential customer data – Daily Telegraph

Posted November 20th, 2017 in contract of employment, data protection, news, statistics, theft by tracey

‘The number of High Court cases involving employees stealing confidential data has increased by 25pc in a year, according to new figures.’

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Daily Telegraph, 20th November 2017

Source: www.telegraph.co.uk

MI5 and police cleared of any liability over terror attacks in UK – The Guardian

Posted November 20th, 2017 in inquiries, intelligence services, news, police, terrorism by tracey

‘Official reviews will clear MI5 and the police of making serious mistakes that allowed terrorists to strike Britain in four attacks this year, the Guardian has learned.’

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The Guardian, 19th November 2017

Source: www.theguardian.com

Surrogate mother who changed her mind must hand baby to gay couple, court rules – Daily Telegraph

Posted November 20th, 2017 in custody, news, surrogacy by tracey

‘A surrogate mother has lost custody of her child after a court ruled he would be better placed with the gay couple who arranged for her to have the baby.’

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Daily Telegraph, 17th November 2017

Source: www.telegraph.co.uk

Drug addicts selling heroin to feed their habit ‘will not face prosecution’, Durham Police chief says – The Independent

Posted November 20th, 2017 in drug offences, news, prosecutions by tracey

‘Drug addicts who sell heroin to other users will not face prosecution under a new scheme, a police chief has said. Durham Police Chief Constable Mike Barton said those found in possession of drugs, including class A narcotics cocaine and heroin, would not go before a court if they agreed to go on a four-month programme.’

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The Independent, 19th November 2017

Source: www.independent.co.uk