January 2020 – Page 7 – Current Awareness

Divorce or Separation: Impact on Leave to Remain – Richmond Chambers

Posted January 22nd, 2020 in deportation, divorce, domestic violence, families, immigration, news by sally

‘January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK?’

Richmond Chambers, 17th January 2020

Source: immigrationbarrister.co.uk

Criminal legal aid solicitor struck off for accounts rule breaches – Legal Futures

Posted January 22nd, 2020 in accounts, disciplinary procedures, legal aid, licensing, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A solicitor has been struck off after nearly 40 years in practice after admitting that the difficulties of relying on payment from criminal legal aid work overwhelmed him.’

Legal Futures, 21st January 2020

Source: www.legalfutures.co.uk

Default Interest? That is just under 290% p.a. – KCH Garden Sq

Posted January 22nd, 2020 in interest, loans, news, repossession by sally

‘An interesting part of my work involves advising and appearing in cases in which there are loans from companies that specialise in loans to “distressed borrowers”. I have acted both for and against loan companies in that area of business, and so I have been able to see the issues from both sides.’

KCH Garden Sq, 16th January 2020

Source: kchgardensquare.co.uk

Cybercrime laws need urgent reform to protect UK, says report – The Guardian

Posted January 22nd, 2020 in computer crime, internet, news, public interest, statute law revision by sally

‘Britain’s cyber-defences are being endangered by the outdated Computer Misuse Act, which prevents investigators from dealing effectively with online threats while over-punishing immature defendants, according to a legal report.’

The Guardian, 22nd January 2020

Source: www.theguardian.com

Tribunal Judge loses case of race discrimination against fellow Judges – Ely Place Chambers

Posted January 22nd, 2020 in declaratory judgment, equality, harassment, judges, judiciary, news, race discrimination, tribunals by sally

‘Employment Judge Snelson has handed down judgment in Kumrai v Ministry of Justice and others, an unusual case involving serious allegations of race discrimination by members of the senior judiciary in which the Claimant and all three Respondent witnesses were serving Tribunal Judges. The Claimant, a Judge of the First-Tier Tribunal, sued both the Regional Judge and President of the relevant chamber together with the Ministry of Justice, for direct race discrimination, harassment and victimisation.’

Ely Place Chambers, 14th January 2020

Source: elyplace.com

“Chilling” failures to comply with the Mental Capacity Act – Doughty Street Chambers

Posted January 22nd, 2020 in care orders, carers, codes of practice, disabled persons, guardianship, learning difficulties, local government, news by sally

‘In A (Fact-Finding), HHJ Clayton strongly criticised, and awarded costs against, a local authority and Clinical Commissioning Group after their pursuit of a fundamentally flawed approach to the best interests of P, a young man with a severe global delay, who was unable to communicate verbally.’

Doughty Street Chambers, 20th January 2020

Source: insights.doughtystreet.co.uk

Criminalising the possession of “terrorist propaganda”: a human rights analysis – UK Human Rights Blog

Posted January 22nd, 2020 in coroners, criminal justice, documents, freedom of expression, human rights, news, police, statute law revision, terrorism by sally

‘The Home Office is proposing to legislate for a new criminal offence relating to the “possession of the most serious material glorifying or encouraging terrorism”.’

UK Human Rights Blog, 21st January 2020

Source: ukhumanrightsblog.com

Wellbeing and cost of practice worrying barristers – Legal Futures

Posted January 22nd, 2020 in barristers, mental health, news, rates, rent, standards, statistics by sally

‘Experienced barristers are largely confident for their own futures but face challenges around wellbeing, the rising cost of doing business and the late payment of fees, a major survey has found.’

Legal Futures, 20th January 2020

Source: www.legalfutures.co.uk

Welsh parents lose opt-out for sex, relationship and religious education – The Guardian

Posted January 22nd, 2020 in children, consultations, education, families, news, parental rights, school children, Wales by sally

‘Parents in Wales will soon lose the right to withdraw their children from lessons on sex and relationships or religion, provoking concern among both church groups and secular campaigners.’

The Guardian, 21st January 2020

Source: www.theguardian.com

Parental alienation- the duty to identify at an early stage or risk getting it wrong – Becket Chambers

Posted January 22nd, 2020 in children, families, family courts, news, parental responsibility by sally

‘This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation on the basis that it is right to do so… She is unable to perceive herself as being an agent or a cause.” This case should act as a warning to the Court and practitioners as to the very harrowing consequences of parental alienation. Re A shows how complex cases become when one parent alienates children from the other parent.’

Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in appeals, courts, deceit, disclosure, fraud, fundamental dishonesty, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

‘Victory’ For Traveller Communities Against Blanket Council Bans – Each Other

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘Local authorities who attempt to ban Travellers and Gypsies from vast swathes of public land risk breaching their “enshrined freedom” to roam the country, a court has ruled.’

Each Other, 21st January 2020

Source: eachother.org.uk

Prison counsellor jailed for smuggling drugs after inmates threatened him to become courier – Daily Telegraph

Posted January 22nd, 2020 in drug offences, drug trafficking, imprisonment, news, prisons, sentencing, threatening behaviour by sally

‘A prison counsellor has been jailed for smuggling drugs inside a jail after he was threatened by inmates to become a courier when he scuppered their deals.’

Daily Telegraph, 21st January 2020

Source: www.telegraph.co.uk

Guildford pub bomb police face High Court threat over files – BBC News

Posted January 22nd, 2020 in documents, explosives, inquests, news, Northern Ireland, police, terrorism by sally

‘Lawyers in the Guildford pub bombing inquest have threatened Surrey Police with High Court action over archives removed from a history centre.’

BBC News, 22nd January 2020

Source: www.bbc.co.uk

Government loses child refugee vote in string of Lords defeats – The Guardian

Posted January 22nd, 2020 in asylum, bills, brexit, children, families, government departments, immigration, news, parliament, refugees by sally

‘The government has suffered five defeats on its Brexit deal in the space of 24 hours in the House of Lords, with the heaviest defeat in a vote to restore the right of unaccompanied child refugees to be reunited with their families in the UK after Brexit.’

The Guardian, 21st January 2020

Source: www.theguardian.com

New ‘transformational’ code to protect children’s privacy online – BBC News

Posted January 22nd, 2020 in children, codes of practice, families, internet, news, privacy, suicide by sally

‘Social media sites, online games and streaming services used by children will have to abide by a new privacy code set by the UK’s data watchdog.’

BBC News, 22nd January 2020

Source: www.bbc.co.uk

High number of prison deaths are preventable, says damning new report – The Guardian

Posted January 22nd, 2020 in inquests, mental health, Ministry of Justice, news, prisons, standards, statistics, suicide by sally

‘The persistently high death toll in prisons is a “national scandal”, with too many deaths avoidable, according to a new report published on Wednesday.’

The Guardian, 22nd January 2020

Source: www.theguardian.com

London borough recovers council home and £105,000 after securing housing fraud conviction – Local Government Lawyer

Posted January 21st, 2020 in fraud, housing, local government, news by sally

‘The London Borough of Tower Hamlets has recovered a council home and £105,000 after a former resident was sentenced earlier this month in relation to two charges of housing fraud.’

Local Government Lawyer, 20th January 2020

Source: www.localgovernmentlawyer.co.uk

Lie-detector tests planned for convicted terrorists freed on licence – The Guardian

Posted January 21st, 2020 in lie detectors, news, release on licence, terrorism by sally

‘Convicted terrorists will face lie-detector tests under a raft of measures drawn up in the wake of the most recent London Bridge attack to toughen up the monitoring of offenders in the community.’

The Guardian, 21st January 2020

Source: www.theguardian.com

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