Finance & Divorce Update March 2018 – Family Law Week

Posted March 15th, 2018 in divorce, financial provision, news by tracey

‘Rose-Marie Drury, senior associate, Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during February 2018.’

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Family Law Week, 9th March 2018

Source: www.familylawweek.co.uk

Victims of John Worboys face wait to hear if serial sex attacker will be released – Daily Telegraph

Posted March 15th, 2018 in news, parole, release on licence, sexual offences, victims by tracey

‘Victims of the black cab rapist John Worboys face a wait to see if their challenge to the Parole Board’s decision to release him from jail has been successful. After two days of legal argument, three leading judges at the High Court reserved their ruling to a date to be fixed, saying they wanted time to give the case “anxious scrutiny”.’

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Daily Telegraph, 14th March 2018

Source: www.telegraph.co.uk

Parents fined £24m for children’s truancy and term time holidays – BBC News

Posted March 15th, 2018 in education, fines, holidays, news, school children, truancy by tracey

‘Parents across England and Wales have been fined about £24m for failing to send their children to school during the past three years, it has emerged.’

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BBC News, 15th March 2018

Source: www.bbc.co.uk

Family court secrecy lets judges get away with mistakes, senior judge says – Daily Telegraph

Posted March 15th, 2018 in family courts, judges, law reports, media, mistake, news, private hearings by tracey

‘Secrecy in family courts could be allowing judges to get away with mistakes, the most senior family judge in England and Wales has said. Speaking at an event on Tuesday evening, Sir James Munby, president of the high court’s family division, said that judges were “grotesquely overworked” and “tired” and so more likely to make errors.’

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Daily Telegraph, 14th March 2018

Source: www.telegraph.co.uk

Should the UK Make it Easier to Punish Foreign Human Rights Abusers? – Rights Info

Posted March 14th, 2018 in foreign jurisdictions, human rights, news, sanctions, state liability by sally

‘In the wake of the poisoning of a former Russian spy and his daughter with ‘military grade’ nerve gas, the government is considering a tough new sanctions regime to target foreign human rights abusers.’

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Rights Info, 13th March 2018

Source: rightsinfo.org

Property firm fails in legal action over refusal by council to sell site – Local Government Lawyer

Posted March 14th, 2018 in judicial review, local government, news, planning, sale of land by sally

‘Manchester City Council was not obliged to sell a site to a particular buyer simply because of an earlier planning decision, the High Court has found.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

Rule committee declines to consider contempt question over solicitors who act on fraudulent claims – Litigation Futures

Posted March 14th, 2018 in civil procedure rules, contempt of court, news, oaths, solicitors by sally

‘The Civil Procedure Rule Committee has rejected a High Court judge’s suggestion that it consider whether solicitors who sign statements of truth on behalf of fraudulent clients could be held in contempt of court.’

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Litigation Futures, 13th March 2018

Source: www.litigationfutures.com

Tribunal upholds council refusal to disclose information on ‘Twitter storm’ SEN law firm – Legal Futures

‘The First-tier Tribunal has upheld a council’s refusal to hand over information on its handling of a review into its dealings with a law firm that caused an uproar by sending out a series of tweets appearing to gloat over defeating cases brought by parents of children with special educational needs.’

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Legal Futures, 13th March 2018

Source: www.legalfutures.co.uk

University vows to robustly defend legal action over quality of degree course – Local Government Lawyer

Posted March 14th, 2018 in contracts, misrepresentation, news, universities by sally

‘Anglia Ruskin University has said it will robustly defend legal action brought by a former student over what she has said were misleading claims about the quality of teaching.’

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Local Government Lawyer, 14th March 2018

Source: www.localgovernmentlawyer.co.uk

On a Housing Court and (not) making things simpler – Nearly Legal

Posted March 14th, 2018 in courts, housing, landlord & tenant, news by sally

‘A specialist Housing Court is in the air. Sajid Javid, Minister for Housing. Communities and Local Government, has repeatedly mentioned ‘discussions’ with the judiciary on a housing court, ever since the last Tory conference in October. There has been no mention of any progress – and surely progress would have to involve the MoJ, not just the judiciary.’

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Nearly Legal, 12th March 2018

Source: nearlylegal.co.uk

Branded medicines face new NHS cost controls – OUT-LAW.com

Posted March 14th, 2018 in health, medicines, news by sally

‘Manufacturers of branded medicines face new statutory controls on the cost of their drugs to the NHS in the UK from 1 April.’

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OUT-LAW.com, 13th March 2018

Source: www.out-law.com

John Worboys: Parole Board ‘miscalculated danger posed by rapist’ – The Guardian

Posted March 14th, 2018 in dangerous offenders, news, parole, sexual offences by sally

‘The Parole Board failed to take into account the full extent of John Worboys’ offending and therefore miscalculated the danger he still poses, the high court has been told.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Guidance on Art 5 compliance when a child in local authority care is deprived of their liberty – Family Law

‘In Re A-F (Children) (Care Orders: Restrictions on Liberty) [2018] EWHC 138 (Fam) the court gave guidance on when Art 5 of the European Convention on Human Rights (ECHR) is engaged in relation to a child in the care of the local authority, and the procedures necessary to ensure the deprivation of liberty is lawful.’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Hillsborough disaster: CPS will not charge five police officers over deaths of 96 Liverpool fans – The Independent

‘Five police officers involved in the Hillsborough disaster and subsequent investigation will not be charged over an alleged “cover-up” over the deaths of 96 Liverpool fans.’

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The Independent, 14th March 2018

Source: www.independent.co.uk

Low salaries dog debt-ridden young legal aid lawyers, says social mobility report – Legal Futures

Posted March 14th, 2018 in debts, legal aid, legal profession, news, remuneration by sally

‘More than half of young legal aid lawyers are earning less than £25,000 a year, yet more than a quarter start their careers carrying more than £35,000 debt as a result of their education, according to a survey of lawyers in the sector.’

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Legal Futures, 14th March 2018

Source: www.legalfutures.co.uk

Stop and search harms fight against knife crime, Met officer says – The Guardian

Posted March 14th, 2018 in drug offences, London, news, offensive weapons, police, stop and search by sally

‘Stop and search for suspected minor drug crimes such as cannabis possession is hampering the Metropolitan police’s ability to tackle London’s knife crime epidemic by souring relationships with the public, the chair of the Metropolitan Black Police Association has said.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

‘It shames us to have families go on Twitter and crowdfund representation at inquests’ – Legal Voice

Posted March 14th, 2018 in death in custody, inquests, legal representation, news, restraint by sally

‘Two families bereaved by state-related deaths told MPs about their experiences at inquests last week. The House of Commons’ joint committee on human rights heard evidence from the parents of Connor Sparrowhawk, who drowned in a bath in a residential unit for people with learning disabilities, and Joseph Phuong who died following restraint by police during a mental health crisis. Jon Robins reports’

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Legal Voice, 13th March 2018

Source: www.legalvoice.org.uk

Practice Guidance: Case Management and Mediation of International Child Abduction Proceedings – Family Law

‘For the purposes of this Practice Guidance, ‘international child abduction proceedings’ are proceedings in which the return of a child is sought under any of the following:
Introduction
(a) The Convention on the Civil Aspects of International Child Abduction of 25 October 1980 (‘the 1980 Hague Convention’);
(b) The Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Hague Convention’);
(c) Council Regulation (EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (‘the Council Regulation’);
(d) The High Court’s power to make an order returning the child to another jurisdiction or to make an order for the return of the child to this jurisdiction (‘the inherent jurisdiction’).’

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Family Law, 13th March 2018

Source: www.familylaw.co.uk

Accountants and lawyers ‘must report’ aggressive tax avoidance schemes – The Guardian

Posted March 14th, 2018 in accountants, banking, legal profession, news, notification, penalties, tax avoidance by sally

‘Accountants, bankers and lawyers will face penalties if they fail to report aggressive tax avoidance schemes that help companies or individuals move money to offshore havens, under a new European Union law.’

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The Guardian, 13th March 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 14th, 2018 in legislation by tracey

The Individual Savings Account (Amendment) Regulations 2018

The Child Trust Funds (Amendment) Regulations 2018

The Investigatory Powers (Disclosure of Statistical Information) Regulations 2018

The Investigatory Powers (Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018

The Investigatory Powers (Codes of Practice) Regulations 2018

The Investigatory Powers (Review of Notices and Technical Advisory Board) Regulations 2018

The Investigatory Powers (Technical Capability) Regulations 2018

The Immigration and Nationality (Fees) (Amendment) Order 2018

Source: www.legislation.gov.uk