Month: June 2021

Pension sharing orders: Finch v Baker – Family Law

Posted June 18th, 2021 in appeals, divorce, families, financial dispute resolution, news, pensions by tracey

‘The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially conduct arguments contrary to s25(g) through the back door by making “negative contribution” arguments, and it also highlights the importance of ensuring that you adduce and apply for the most appropriate and necessary evidence in advance of a hearing. Simply arguing that an updated pension report is needed, following an appeal hearing, on the basis that the pension sharing order made would not reflect the judge’s intentions as the CE figures would be significantly out of date, is insufficient and misconceived.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk

New minimum standards for rape and sexual assault victim support – Crown Prosecution Service

Posted June 18th, 2021 in codes of practice, criminal justice, Crown Prosecution Service, news, rape, sexual offences, victims by tracey

‘We know that when victims have good emotional and practical support from our excellent ISVA partners, and close liaison with police and prosecutors, the criminal justice process becomes more manageable for them and justice outcomes improve. Currently there is a gap on setting out what best practice looks like – this framework aims to close that gap. New minimum standards for the support of rape and sexual violence victims have today (Friday 18 June) been published by the Crown Prosecution Service (CPS) and the National Police Chiefs’ Council (NPCC).’

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Crown Prosecution Service, 17th June 2021

Source: www.cps.gov.uk

Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems – Courts & Tribunals Judiciary

Posted June 18th, 2021 in civil justice, computer programs, coronavirus, courts, dispute resolution, judges, speeches by tracey

‘Speech by the Master of the Rolls at the London School of Economics – Recovery or Radical Transformation: the effect of COVID-19 on Justice Systems.’

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Courts & Tribunals Judiciary, 17th June 2021

Source: www.judiciary.uk

Parental Alienation: Where Are We All Going Wrong? – Family Law Week

Posted June 18th, 2021 in appeals, children, families, mental health, news by tracey

‘Ian McArdle, barrister of Atlantic Chambers, Liverpool, calls for a fact-finding approach to cases involving alleged parental alienation.’

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Family Law Week, 14th June 2021

Source: www.familylawweek.co.uk

Ministers remove children from private youth jail after American contractor fails to fix ‘serious’ flaws – The Independent

Posted June 18th, 2021 in children, detention, Ministry of Justice, news, prisons, young offenders by tracey

‘The UK government is removing all children from a troubled jail for youths run by an American company after some were locked in their rooms for more than 23 hours a day.’

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The Independent, 17th June 2021

Source: www.independent.co.uk

Giving staff legal right to work from home will ‘cause corporate chaos’, businesses warn – The Independent

Posted June 18th, 2021 in company law, coronavirus, employment, flexible working, government departments, news by tracey

‘Businesses have warned Boris Johnson’s government that any attempt to give employees the legal right to work from home would cause “chaos” in offices across the country.’

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The Independent, 17th June 2021

Source: www.independent.co.uk

Manchester Arena bomber should have been identified as threat, inquiry finds – The Guardian

Posted June 18th, 2021 in inquiries, murder, news, security companies, terrorism by tracey

‘The Manchester Arena suicide bomber Salman Abedi should have been identified as a security threat on the night of the attack, a public inquiry has found.’

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The Guardian, 17th June 2021

Source: www.theguardian.com

Man convicted of murders of two women in Yorkshire, 21 years apart – The Guardian

Posted June 18th, 2021 in bereavement, families, murder, news, victims, women by tracey

‘Relatives have paid tribute to two women killed by the same man, after he was convicted of the two murders more than 20 years apart. Gary Allen murdered both Samantha Class and Alena Grlakova, a jury decided. Class was killed in Hull in 1997, and Grlakova in Rotherham in 2018.’

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The Guardian, 18th June 2021

Source: www.theguardian.com

Justice Secretary Robert Buckland ‘sorry’ for failing rape victims – BBC News

Posted June 18th, 2021 in budgets, Crown Prosecution Service, government departments, lord chancellor, Ministry of Justice, news, prosecutions, rape, sexual offences, statistics, victims by tracey

‘Justice Secretary Robert Buckland has apologised to rape victims for low conviction rates in England and Wales and promised to “do a lot better”.’

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BBC News 18th June 2021

Source: www.bbc.co.uk

Replace GDPR, says prime minister’s regulatory hit-squad – Law Society’s Gazette

Posted June 17th, 2021 in brexit, data protection, EC law, news, reports by sally

‘EU-era data protection laws would be replaced by common-law based UK legislation under a list of proposals for a “bold new” post-Brexit framework proposed by a working party set up by the prime minister today.’

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Law Society's Gazette, 16th June 2021

Source: www.lawgazette.co.uk

High Court rejects ‘failure to remove’ abuse claim – UK Human Rights Blog

Posted June 17th, 2021 in care orders, child abuse, duty of care, local government, news, social services, statutory duty by sally

‘In a significant adverse judgment for child abuse claimants, DFX v Coventry City Council [2021] EWHC 1382 (QB), Mrs Justice Lambert rejected a claim brought by a number of claimants who alleged that the defendant council’s social services negligently delayed in instigating care proceedings and that had they been removed from the family home earlier they would have avoided serial abuse at the hands of their parents.’

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UK Human Rights Blog, 14th June 2021

Source: ukhumanrightsblog.com

Research Briefing: General debate: Misuse of Drugs Act – House of Commons Library

Posted June 17th, 2021 in drug abuse, drug offences, medicines, news, parliament, statistics by sally

‘This year marks the fiftieth anniversary of the Misuse of Drugs Act 1971, the main piece of legislation through which illicit drugs are controlled across the UK.’

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House of Commons Library, 16th June 2021

Source: commonslibrary.parliament.uk

Employment Tribunals: Interim Relief and the Equality Act 2010: Court of Appeal Declines to Extend the Relief – Littleton Chambers

Posted June 17th, 2021 in employment tribunals, equality, human rights, jurisdiction, news, sex discrimination, whistleblowers by sally

‘For a few months, a radical change to employment law practice appeared to be in prospect.’

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Littleton Chambers, 16th June 2021

Source: littletonchambers.com

Beyond status: the long road towards effective health and safety rights for on-demand workers – by Aude Cefaliello – UK Labour Law

Posted June 17th, 2021 in brexit, casual workers, EC law, employment, health & safety, news by sally

‘Over the past months, there has been an alignment of stars between two major court rulings that have the potential to reshape the working lives of on-demand workers and the business model of platforms.’

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UK Labour Law, 16th June 2021

Source: uklabourlawblog.com

Covid: Deaf campaigner takes legal action over No 10 briefings – BBC News

Posted June 17th, 2021 in coronavirus, disabled persons, interpreters, judicial review, media, ministers' powers and duties, news by sally

‘A deaf campaigner is taking legal action against the government, after complaining that it failed to provide in-person British Sign Language (BSL) interpreters at No 10 Covid briefings.’

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BBC News, 16th May 2021

Source: www.bbc.co.uk

Mason v Laing: Wrongly decided? – No. 5 Chambers

Posted June 17th, 2021 in accidents, disclosure, expert witnesses, news, personal injuries, pre-action conduct, road traffic, small claims by sally

‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’

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No. 5 Chambers, 11th June 2021

Source: www.no5.com

Sharing data with crime reduction partnerships – UK Police Law Blog

Posted June 17th, 2021 in child abuse, children, crime prevention, data protection, judicial review, news, police by sally

‘R (on the application of M) v Chief Constable of Sussex [2021] EWCA Civ 42 is an important decision from the Court of Appeal regarding an information sharing agreement (“ISA”) between a police force and a local business crime reduction partnership (“BCRP”). The ISA was held not to breach the Data Protection Act 2018 (“DPA”) and the sharing of information that revealed a vulnerability to child sexual exploitation (“CSE”) was held not to be in breach of data protection rights. The case indicates the approach that the courts may take when asked to scrutinise information sharing agreements and policy documents where the police seek to share data with other organisations for the purpose of reducing crime and disorder.’

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UK Police Law Blog, 15th June 2021

Source: ukpolicelawblog.com

Frustrated Contracts and Wedding Venues – article by Harry Dyson – Park Square Barristers

Posted June 17th, 2021 in contracts, coronavirus, hotels, marriage, news, regulations, repayment by sally

‘Harry Dyson discusses what appears to be the first judgment at Circuit Judge level in relation to what monies can be retained or claimed by wedding venues when the contract has been frustrated by Covid-19 regulations. Harry has been exposed to this issue whilst working as a paralegal prior to commencing pupillage. He gained experience in dealing with both these claims and issues surrounding venues’ business interruption insurance.’

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Park Square Barristers, 15th June 2021

Source: www.parksquarebarristers.co.uk

QC: Menopause “made me feel I was losing my mind” – Legal Futures

Posted June 17th, 2021 in barristers, menopause, mental health, news, queen's counsel, women by sally

‘A QC has described how going through an early menopause at the age of 37 made her feel she was “losing her mind” and left her a “hair’s breadth away” from leaving the Bar.’

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Legal Futures, 17th June 2021

Source: www.legalfutures.co.uk

Whistleblowing: causation, guidance for complex cases and judicial proceedings immunity – 3PB

Posted June 17th, 2021 in causation, disclosure, employment tribunals, immunity, news, police, whistleblowers by sally

‘In GMP v Aston we receive a helpful reminder of the approach to be applied in cases where there are multiple protected disclosures spanning a significant period and allegations of multiple detriments involving multiple perpetrators and multiple victims. The case also involves an alleged detriment consisting of evidence given in other tribunal proceedings which was subject to judicial proceedings immunity (JPI) and deals with the issue of whether evidence which is covered by JPI can amount to a detriment. Finally, where the issue of JPI had not been raised before the first instance Tribunal, the Appeal Tribunal considered whether it had to deal with this newly argued point (i.e. whether it was mandatory) or whether it had a discretion to consider the newly argued point (i.e. whether it was discretionary). The considerations when deciding whether or not to exercise the discretion are also set out.’

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3PB, 10th June 2021

Source: www.3pb.co.uk