‘Richard Furlong considers the Court of Appeal decision in Barnet v Kamyab, and the prospect of Edis LJ conducting a fact-finding confiscation hearing. An interesting issue arises as to the first-instance defendant’s right of appeal from that exercise.’
Carmelite Chambers, 6th June 2021
Source: www.carmelitechambers.co.uk
‘An analysis of the law on fitness to plead and stand trial in the magistrates’ courts: Silas Lee reviews the key issues and provides some take-away points for defence representatives.’
Carmelite Chambers, 6th June 2021
Source: www.carmelitechambers.co.uk
‘In TT (Children: Discharge of Care Order) [2021] EWCA Civ 742 the Court of Appeal sets out the tests to be applied on an application to discharge a care order and also considered the relevance of attachment theory in welfare evaluations. Mostyn J’s approach to these issues in the recent case of GM v Carmarthenshire County Council [2018] EWFC 36, [2018] 3 WLR 1126 (‘GM”) was overruled.’
Becket Chambers, 15th June 2021
Source: becket-chambers.co.uk
‘Vanessa Reid discusses the significant changes soon to be implemented by the revised guidelines for assault offences.’
Carmelite Chambers, 6th June 2021
Source: www.carmelitechambers.co.uk
‘In Stokoe Partnership Solicitors v Grayson & Ors [2021] EWCA Civ 626, the Court of Appeal considered the test for ordering the cross-examination of an individual, prior to trial, on the content of his sworn affidavit which had been provided pursuant to a Norwich Pharmacal order.’
The 36 Group, 15th June 2021
Source: 36group.co.uk
‘This week, the Undercover Policing Inquiry referred the first suspected miscarriages of justice, identified through its investigations, to a dedicated panel set up by the Home Office.’
Garden Court Chambers, 23rd June 2021
Source: www.gardencourtchambers.co.uk
‘What level of credit are you going to submit the Defendant is entitled to for his guilty pleas in the following scenario?’
Broadway House Chambers, 1st June 2021
Source: broadwayhouse.co.uk
‘This article reviews the Court of Appeal case of R v Plaku [2021] EWCA 568 which provides guidance concerning credit for guilty plea indications.’
25 Bedford Row, 2nd June 2021
Source: www.25bedfordrow.com
‘What does it mean for a belief to not be worthy of respect in a democratic society? In Maya Forstater v CGD Europe and Others UKEAT/0105/20/JOJ, the Employment Appeal Tribunal sought to answer this question.’
No. 5 Chambers, 11th June 2021
Source: www.no5.com
‘Why is it important to show that the parties are “associated persons” for the purposes of FLA 1996 (FLA 1996)?’
Becket Chambers, 17th June 2021
Source: becket-chambers.co.uk
‘A record number of class actions has been filed across Europe in recent years, with more than half of them brought in the UK, according to new research.’
Litigation Futures, 23rd June 2021
Source: www.litigationfutures.com
‘In this article, Ed Ramsay discusses the recent case of Morahan, which deals with the issue of when the enhanced investigative duty under Article 2 of the ECHR will be automatically engaged in an inquest.’
Inquests and Inquiries Law Blog, 22nd June 2021
Source: inquestsandinquirieslawblog.com
‘The coronavirus pandemic and the current and continuing lockdown imposed by government has led to a number of consequences for the resolution of commercial disputes, and the administration of justice. First is where trials are being adjourned to uncertain dates, currently unable to take place due to the inability or unwillingness of people to attend court. Second is what is going to happen when the lockdown is eased or lifted, and disputes, which have been building up in the normal course, enter the system creating a backlog. Judges are understandably concerned that the courts and arbitral tribunals could face and potentially be overwhelmed by a wave of commercial cases. A number of these disputes will have arisen due to the parties’ inability to honour their contractual obligations due to the lockdown with complicated issues of law as to the remedies available.’
4-5 Gray's Inn Square, 21st June 2021
Source: www.4-5.co.uk
‘Working in 2010 on a knotty judgment about the power of the home secretary to include additional criteria in immigration rules that she had previously laid before Parliament as required by statute, something clicked in my memory. Four centuries earlier, in 1611, in a decision known as the Case of Proclamations, it had been ruled that “the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm … The King hath no prerogative, but that which the law of the land allows him.” It gave a key to the question, since immigration rules are made, without need of statutory authority, under the prerogative power to control entry into the realm, a power which is itself part of the common law and subject to its constraints. It was so when Elizabeth I’s autocratic successor, James I and VI, wanted to rule by proclamation; it was so in 2010 when Theresa May wanted to use the royal prerogative to bypass Parliament; it was still so in 2017 when it was proposed that the UK leave the EU by ministerial fiat rather than parliamentary authority, and again in 2019 when Elizabeth II was required by Boris Johnson to prorogue Parliament for no recognised reason.’
London Review of Books, 1st July 2021
Source: www.lrb.co.uk
‘The European Court of Human Rights has ordered the Government to pay €24,000 for non-pecuniary damage and €60,000 in legal costs to a social worker who was accused of professional misconduct by a Family Court judge in the course of a fact-finding hearing.’
Local Government Lawyer, 23rd June 2021
Source: www.localgovernmentlawyer.co.uk
‘This article considers how the duties imposed on expert witnesses impact upon the functions of expert surveyors giving valuation evidence tendered in Court and in the Upper Tribunal. We will refer to all tribunals as “the Court” by way of shorthand.’
Falcon Chambers, 8th June 2021
Source: www.falcon-chambers.com
‘The Claimant made an application on day 7 of a TCC trial to debar the Defendant from relying on any of its three technical expert reports and to debar those experts from giving evidence at the trial.’
Henderson Chambers, 4th June 2021
Source: www.hendersonchambers.co.uk
‘The government is poised to announce a ban on junk food advertising online and before 9pm on TV from 2023, as Boris Johnson looks to deliver on his pledge to tackle the UK’s growing obesity crisis.’
The Guardian, 23rd June 2021
Source: www.theguardian.com
‘A British man has been jailed for terrorism offences after sharing explosives manuals and extremist videos, including one apparently celebrating the New Zealand mosque massacres, on rightwing chat groups.’
The Guardian, 24th June 2021
Source: www.theguardian.com
‘Sedgemoor District Council was wrong to agree to the conversion of a former pub to a residential dwelling without considering s149 of the Equality Act 2010, and also failed to apply part of its local plan, the High Court has found.’
Local Government Lawyer, 24th June 2021
Source: www.localgovernmentlawyer.co.uk
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