Child Trust Fund court fees waived for parents – Ministry of Justice

‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’

Full press release

Ministry of Justice, 1st December 2020

Source: www.gov.uk/government/organisations/ministry-of-justice

High Court rules out “retrospective” arbitration appeal – Litigation Futures

Posted December 2nd, 2020 in agriculture, appeals, arbitration, news, retrospectivity by tracey

‘The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.’

Full Story

Litigation Futures, 2nd December 2020

Source: www.litigationfutures.com

CPS says: How we’re working to overcome harmful rape myths and stereotypes – Crown Prosecution Service

‘As an experienced prosecutor of rape and serious sexual offences, I never underestimate the courage it takes for a victim to report such a deeply violating and distressing event to police. CPS staff, especially those on our RASSO teams are all too aware of the unique barriers many face when deciding whether to report offences relating to sexual assault; these include shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from the community.’

Full Story

Crown Prosecution Service, 29th November 2020

Source: www.cps.gov.uk

R (RD) v Justice Secretary [2020] EWCA Civ 1346 – CrimeCast.Law

‘This was the second of a pair of recent cases which suggest that police officers and those who aspire to be police officers are held to a higher standard than the general public whom the police are sworn to protect. I discussed yesterday R v Luckett (Michael David) [2020] EWCA Crim 565, which illustrated the approach taken by the Criminal Division of the Court of Appeal to the sentencing of offences of misconduct in a public office by serving police officers. The case of R (RD) v Justice Secretary addresses the rigorous disclosure requirements imposed on those who apply to become police constables or police cadets. It prompted the Civil Division of the Court of Appeal to consider the application of Article 8(2) of the European Convention on Human Rights to candidates for the police service – specifically whether the current regime for the rehabilitation of offenders and for the disclosure of convictions, cautions and reprimands is in accordance with law and necessary in a democratic society …’

Full Story

CrimeCast.Law, 30th November 2020

Source: crimecast.law

Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary

‘Lord Chief Justice press conference December 2020’

Full transcript

Courts and Tribunals Judiciary, 2nd December 2020

Source: www.judiciary.uk

Criminal barristers ‘will take action’ over Covid operating hours – Law Society’s Gazette

‘The criminal bar has accused the government of breaching the Equality Act 2010 by proposing to roll out extended operating hours in Crown courts without “proper assessment”’.

Full Story

Law Society's Gazette, 1st December 2020

Source: www.lawgazette.co.uk

Birmingham wall collapse deaths: Recycling firms to be charged – BBC News

‘Two recycling companies and two people linked to them are to be charged over the deaths of five African men who died when a concrete wall fell on them.’

Full Story

BBC News, 1st December 2020

Source: www.bbc.co.uk

Home Office faces legal challenge over asylum seeker payments during Covid – The Guardian

Posted December 2nd, 2020 in asylum, benefits, government departments, immigration, news by tracey

‘The Home Office is still failing to provide thousands of asylum seekers in emergency hotel accommodation with basic cash support and essentials more than a month after being instructed by the high court to fulfil their legal requirements to do so.’

Full Story

The Guardian, 1st December 2020

Source: www.theguardian.com

Father who threw baby in river ‘slipped through’ mental health care net, says judge – The Guardian

‘A man who threw his infant son into a river “slipped through the net” of mental health services, a judge has said. Zak Bennett-Eko, 23, was sentenced to a hospital order on Tuesday after being found guilty of the manslaughter by diminished responsibility of his 11-month-old son Zakari.’

Full Story

The Guardian, 1st December 2020

Source: www.theguardian.com

Jamaican nationals taken off charter flight in eleventh hour over trafficking concerns – The Independent

‘A number of Jamaican nationals who were due to be deported have been granted last minute reprieve after the Home Office acknowledged they may be victims of modern slavery. Thirteen people were forcibly removed from the UK to Jamaica in the early hours of Wednesday. At least 10 of those who had been due to fly were taken off the flight hours before it was due to leave following legal intervention.’

Full Story

The Independent, 2nd December 2020

Source: www.independent.co.uk

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case. A coroner will be asked to rule that toxic levels of nitrogen dioxide, from the South Circular road in south London, led to the acute asthma attack that killed the primary school pupil, Ella Kissi-Debrah. Her mother, Rosamund, a former teacher, has fought for years for an inquiry into the role of air pollution from traffic in Ella’s death.’

Full Story

The Guardian, 30th November 2020

Source: www.theguardian.com

Puberty blockers: under-16s ‘unlikely to be able to give informed consent’ – The Guardian

‘Children under the age of 16 considering gender reassignment are unlikely to be mature enough to give informed consent to be prescribed puberty-blocking drugs, the high court has ruled.’

Full Story

The Guardian, 1st December 2020

Source: www.theguardian.com

Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent

Posted December 2nd, 2020 in judges, judiciary, legal profession, news, parliament, political parties, rule of law by tracey

‘The Lord Chief Justice has warned of unprecedented levels of political interference over the work of courts in England and Wales, suggesting that MPs should be taught about “boundaries”.’

Full Story

The Independent, 2nd December 2020

Source: www.independent.co.uk

Guildford pub bomb police took action to keep files closed – BBC News

‘The police force investigating the Guildford pub bombs has been accused of a conflict of interest after it took legal action to keep archives closed. More than 700 files on the 1974 IRA bombs had been due to open this year but were retained by the Home Office. Inquest papers have shown Surrey Police applied for the files to stay closed.’

Full Story

BBC news, 2nd December 2020

Source: www.bbc.co.uk

131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK

Posted December 1st, 2020 in costs, Court of Protection, deputyship, news, podcasts, third parties by sally

‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’

Full Story

Law Pod UK, 30th November 2020

Source: audioboom.com

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

Full Story

Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

Fixed Fee and Virtual Mediations – Becket Chambers

Posted December 1st, 2020 in dispute resolution, fees, news, remote hearings by sally

‘The present pandemic has resulted in a significant increase in the time it takes matters, especially civil claims, to get to court for a final hearing and those delays are only going to get longer so there has never been a better time to consider mediation as a quick, cheap and effective alternative to litigation and the Civil Mediation Council’s Fixed Fee Mediation scheme allows parties to benefit from a very economic tariff for relatively low-value claims (i.e. up to £50,000) using CMC-accredited civil mediators.’

Full Story

Becket Chambers, 13th November 2020

Source: becket-chambers.co.uk

Work begins on legal definition of ‘ecocide’ – Law Society’s Gazette

Posted December 1st, 2020 in environmental protection, international courts, international law, news by sally

“‘A panel of leading lawyers has been set up to draft a legal definition of “ecocide” as a potential international crime that could sit alongside war crimes, genocide and crimes against humanity.’

Full Story

Law Society's Gazette, 30th November 2020

Source: www.lawgazette.co.uk

Non-lawyers banned from law firms in misconduct blizzard – Legal Futures

Posted December 1st, 2020 in disciplinary procedures, forgery, law firms, legal executives, news, solicitors, wills by sally

‘Six non-lawyers have been banned from working for law firms for a range of offences, from faking signatures and misusing season ticket loans to fabricating a client’s will to name themselves as a beneficiary.’

Full Story

Legal Futures, 1st December 2020

Source: www.legalfutures.co.uk

Campaigners launch legal challenge over Stonehenge road tunnel – The Guardian

Posted December 1st, 2020 in judicial review, monuments, news, planning, roads by sally

‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’

Full Story

The Guardian, 30th November 2020

Source: www.theguardian.com