30/01/2020 – Current Awareness

Achieving Best Evidence in Family Cases involving allegations of sexual abuse – Pallant Chambers

Posted January 30th, 2020 in child abuse, evidence, family courts, news, witnesses by sally

‘A judgment was released earlier this week in the recent case EF, GH, IJ (care proceedings) [2019] EWFC which has highlighted a continuing failure of ABE interviewers failing to adhere to the guidance. It’s no surprise that extra care needs to be taken when conducting an interview with a child, after all Children are often poor historians, and many are suggestible: Re B (Allegation of Sexual Abuse: Child’s Evidence) [2006] 2 FLR 1071.’

Pallant Chambers, 27th January 2020

Source: www.pallantchambers.co.uk

“Should Cannabis Use be Legalised” An Article by Yasin Patel & Amy Hazlewood – Church Court Chambers

Posted January 30th, 2020 in chambers articles, drug abuse, medicines, news by sally

‘Cannabis, good drug or bad? The topic of debate internationally for decades by governments, medical professionals, recreational users and more. A renewed debate about the laws prohibiting or permitting cannabis use and supply around the world has been fuelled by the legalisation of supply and use of cannabis for ‘recreational’ purposes. Yasin Patel and Amy Hazlewood consider amongst other things, the use of cannabis, the legal history, advantages and disadvantages of legalising it.’

Church Court Chambers, January 2020

Source: churchcourtchambers.co.uk

Disclosing client instructions did not end confidentiality – OUT-LAW.com

Posted January 30th, 2020 in confidentiality, disclosure, news, privilege, solicitors by tracey

‘A law firm which provided written confirmation to a financing bank that it had had received instructions from its client did not automatically bring legal advice privilege to an end, and so need not provide the bank with other documents relating to a dispute between the lender and the client, the Court of Appeal of England and Wales has ruled.’

OUT-LAW.com, 29th January 2020

Source: www.pinsentmasons.com

“Secret Justice”: An Oxymoron and the Overdue Review – UK Human Rights Blog

Posted January 30th, 2020 in closed material, criminal justice, immigration, news by tracey

‘The Government has still not implemented the review of Closed Procedures that Parliament had dictated should take place when passing the Justice and Security Act 2013. A review is required to cover the first five years after the Act came into force, and should have been completed “as soon as reasonably practicable” thereafter. That period expired in June 2018, and there are still no signs of a reviewer being appointed.’

UK Human Rights Blog, 28th January 2020

Source: ukhumanrightsblog.com

Should I choose Tier 1 Entrepreneur or Innovator? – Richmond Chambers

Posted January 30th, 2020 in immigration, news, visas by sally

‘Although the Tier 1 Entrepreneur category is closed to new entrants, those who hold leave in the Tier 1 (Graduate Entrepreneur) route currently or have held it in the last 12 months are still able to apply to enter the Tier 1 (Entrepreneur) route and therefore will need to make a choice about whether to apply as an Innovator or a Tier 1 (Entrepreneur), if they wish to continue their business in the UK. Additionally, there may be some individuals who are already in the Tier 1 (Entrepreneur) category who may be better served by switching to the Innovator route, rather than remaining in the Tier 1 (Entrepreneur) category. In this article we will look at the pros and cons of both categories.’

Richmond Chambers, 27th January 2020

Source: immigrationbarrister.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 30th, 2020 in legislation by tracey

The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2020

The Financial Services (Consequential Amendments) Regulations 2020

The Police (Conduct) (Amendment) Regulations 2020

The Digital Economy Act 2017 (Commencement No. 7) Regulations 2020

The Immigration and Nationality (Fees) (Amendment) Regulations 2020

The Merchant Shipping (Technical Requirements for Inland Waterway Vessels) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 30th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

A, B And C (Adoption: Notification of Fathers And Relatives) [2020] EWCA Civ 41 (29 January 2020)

AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions [2020] EWCA Civ 37 (29 January 2020)

Uz-Zaman Munim, R (on the application of) v The Secretary of State for the Home Department [2020] EWCA Civ 49 (28 January 2020)

Nettleship, R (On the Application Of) v NHS South Tyneside Clinical Commissioning Group & Anor [2020] EWCA Civ 46 (28 January 2020)

AC (Algeria), R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 36 (28 January 2020)

The Civil Aviation Authority v Jet2.Com Ltd, R. (on the Application of) [2020] EWCA Civ 35 (28 January 2020)

Court of Appeal (Criminal Division)

Solanki & Anor, R v [2020] EWCA Crim 47 (24 January 2020)

Reece, R v [2020] EWCA Crim 44 (24 January 2020)

High Court (Administrative Court)

Sykes v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 112 (Admin) (28 January 2020)

Fuseon Ltd v Senior Courts Costs Office [2020] EWHC 126 (Admin) (28 January 2020)

High Court (Chancery Division)

Lambert Carton-Kelly v Edwards [2020] EWHC 131 (Ch) (28 January 2020)

Molavi v Hibbert & Ors [2020] EWHC 121 (Ch) (27 January 2020)

High Court (Commercial Court)

Ivanhoe Mines Ltd v Gardner [2020] EWHC 144 (Comm) (29 January 2020)

Spain v The London Steam-Ship Owners’ Mutual Insurance Association Ltd [2020] EWHC 142 (Comm) (29 January 2020)

High Court (Family Division)

Manchester University NHS Foundation Trust v Namiq & Anor [2020] EWHC 5 (Fam) (28 January 2020)

Manchester University NHS Foundation Trust v Namiq & Ors [2020] EWHC 6 (Fam) (28 January 2020)

High Court (Queen’s Bench Division)

BXB v Watch Tower And Bible Tract Society of Pennsylvannia & Anor [2020] EWHC 156 (QB) (30 January 2020)

DXB v Persons Unknown & Ors [2020] EWHC 134 (QB) (28 January 2020)

Putta v Royal Sun Alliance Insurance Plc [2020] EWHC 117 (QB) (28 January 2020)

Source: www.bailii.org

High Court rules directors cannot buy assets of their liquidated company on the cheap – Local Government Lawyer

Posted January 30th, 2020 in company directors, company law, compensation, insolvency, news, valuation by tracey

‘The High Court has ruled that company directors cannot buy assets from their liquidated companies at below market value.’

Local Government Lawyer, 30th January 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal sets out principles for deciding whether father or relative should be informed of existence of child who might be adopted – Local Government Lawyer

Posted January 30th, 2020 in adoption, local government, news, notification, paternity by tracey

‘The Court of Appeal has set out the principles governing decisions – whether by local authorities as adoption agencies or by the court – as to whether a putative father or a relative should be informed of the existence of a child who might be adopted.’

Local Government Lawyer, 29th January 2020

Source: www.localgovernmentlawyer.co.uk

The Impact of Releasing Suspects ‘Under Investigation’ (RUI) – Drystone Chambers

Posted January 30th, 2020 in bail, chambers articles, Crown Prosecution Service, news, police by sally

‘Decisions about bail impact the physical and mental well-being of both complainants and defendants. It is imperative that the right decision about bail is made at the start of an investigation. We have recently seen an explosion in the use of RUI; this article addresses both the problems around RUI as well as potential solutions to it.’

Drystone Chambers, January 2020

Source: drystone.com

Landmark Court of Appeal judgment criticises the use of wide injunctions which target Gypsy and Traveller encampments – Garden Court Chambers

Posted January 30th, 2020 in housing, injunctions, local government, minorities, news, travellers by sally

‘The Court of Appeal handed down a very significant judgment, dismissing an appeal by Bromley Council against the High Court’s decision to refuse the Council’s application for an injunction against “persons unknown” stopping on public land in the Borough.’

Garden Court Chambers, 21st January 2020

Source: www.gardencourtchambers.co.uk

UK sued for approving Europe’s biggest gas power station – The Guardian

Posted January 30th, 2020 in climate change, energy, environmental protection, judicial review, news, planning by tracey

‘The UK government is being sued for approving a large new gas-fired power plant, overruling the climate change objections of its own planning authority.
The plant, being developed by Drax in north Yorkshire, would become the biggest gas power station in Europe and could produce 75% of the UK’s power sector emissions when fully operational, according to the environmental lawyers ClientEarth, who have brought the judicial review.’

The Guardian, 30th January 2020

Source: www.theguardian.com

Airspace, subsoil and rights of first refusal – Hardwicke Chambers

Posted January 30th, 2020 in chambers articles, landlord & tenant, leases, news by sally

‘In York House (Chelsea) Ltd v Thompson [2019] EWHC 2203 (Ch), [2019] 3 WLR 727 Zacaroli J. was asked to resolve various issues under the 1987 Act in a case where a husband and wife owned the freehold of a block of flats and, to preserve its development value, granted one or other of themselves leases of various parts of the block and its surroundings at peppercorn rents.’

Hardwicke Chambers, 23rd January 2020

Source: hardwicke.co.uk

High Court critical of approach to evidence in Post Office litigation – Henderson Chambers

Posted January 30th, 2020 in chambers articles, computer programs, expert witnesses, news, postal service by sally

‘In the final judgment of this long-running group litigation, the court found numerous issues with the Post Office’s Horizon IT system and ruled in favour of the subpostmasters and subpostmistresses. The overarching point that emerges is the importance of advancing a realistic case, supported by properly considered and careful expert and factual witness evidence.’

Henderson Chambers, 22nd January 2020

Source: www.hendersonchambers.co.uk

West Suffolk Hospital staff ‘feared raising concerns’, says CQC – BBC News

Posted January 30th, 2020 in hospitals, news, reports, whistleblowers by tracey

‘Staff at a hospital accused of conducting a “witch hunt” to identify a whistleblower felt a lack of “freedom to speak up”, a report has said.’

BBC News, 30th January 2020

Source: www.bbc.co.uk

Government loses court appeal over short-changing disabled benefit claimants – The Independent

Posted January 30th, 2020 in appeals, benefits, disability discrimination, disabled persons, news by tracey

‘The government has lost two appeals against court judgments that found the Department for Work and Pensions (DWP) had unlawfully discriminated against thousands of severely disabled people who were moved on to universal credit.’

The Independent., 29th January 2020

Source: www.independent.co.uk

Number of slavery victims in London up tenfold in five years – The Guardian

Posted January 30th, 2020 in forced labour, London, news, statistics, trafficking in human beings, victims by tracey

‘There has been a more than tenfold increase in the number of people identified as victims of modern slavery and human trafficking in London, and more than 30% of all cases nationally are discovered in the capital, according to new research.’

The Guardian, 30th January 2020

Source: www.theguardian.com

Grenfell Tower fire: Firms want immunity over evidence – BBC News

Posted January 30th, 2020 in evidence, fire, health & safety, immunity, inquiries, news, prosecutions by tracey

‘Firms involved in the refurbishment of Grenfell Tower have asked the public inquiry into the fire for a guarantee that anything they say in the hearings will not be used for any prosecution.’

BBC News, 29th January 2020

Source: www.bbc.co.uk

Child cruelty case triggers call for home schooling review – The Guardian

Posted January 30th, 2020 in child abuse, child cruelty, child neglect, domestic violence, education, news by tracey

‘Child protection experts have called for a national review of home schooling following an inquiry into a case in which a violent stepfather and his partner subjected their young son to extreme neglect and abuse.’

The Guardian, 29th January 2020

Source: www.theguardian.com

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