Keeping family disputes away from the courts – is there light at the end of the tunnel? – Family Law

Posted November 12th, 2021 in dispute resolution, families, family courts, news by tracey

‘Earlier this month industry experts gathered at the Jersey International Family Law Conference 2021 to hear from a range of key spokespeople, decision makers and opinion formers on a whole host of hot topics. Perhaps most notably, certainly for my colleagues and I at National Family Mediation, was the address by Sir Andrew McFarlane – the residing President of the Family Division – who took the opportunity to outline some of his priorities and what it was he wants to achieve before he (in his words!) hangs up his ‘wig and flashy robes’ in three years’ time.’

Full Story

Family Law, 12th November 2021

Source: www.familylaw.co.uk

Statutory Instruments – legislation.gov.uk

Posted November 12th, 2021 in legislation by tracey

SI 2021/1260 – The Exempt Charities Order 2021

SI 2021/1255 – The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2021

SI 2021/1251 – The Motor Vehicles (Driving Licences) (Amendment) (No. 4) Regulations 2021

Source: www.legislation.gov.uk

BAILII: recent Decisions

Posted November 12th, 2021 in law reports by tracey

Supreme Court

Lloyd v Google LLC [2021] UKSC 50 (10 November 2021)

Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2021] UKSC 51 (10 November 2021)

Court of Appeal (Civil Division)

Ravendark Holdings Ltd v Rotenberg & Ors [2021] EWCA Civ 1661 (10 November 2021)

Hunt v Annolight Ltd & Ors [2021] EWCA Civ 1663 (10 November 2021)

Optis Cellular Technlogy LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWCA Civ 1619 (10 November 2021)

Court of Appeal (Criminal Division)

Cousins v R. [2021] EWCA Crim 1664 (10 November 2021)

High Court (Administrative Court)

TVN, R (On the Application Of) v The Secretary of State for the Home Department [2021] EWHC 3019 (Admin) (11 November 2021)

Gallagher Ventures Ltd, R (On the Application Of) v Secretary of State for Housing Communities And Local Government & Anor [2021] EWHC 3007 (Admin) (11 November 2021)

Zborowski (review of the tariff) [2021] EWHC 3005 (Admin) (10 November 2021)

Cava Bien Ltd, R (On the Application Of) v Milton Keynes Council [2021] EWHC 3003 (Admin) (10 November 2021)

Klar v Court of First Instance Brussels (Belgium) [2021] EWHC 3001 (Admin) (10 November 2021)

High Court (Chancery Division)

Brooke Homes (Bicester) Ltd v Portfolio Property Partners Ltd & Ors [2021] EWHC 3015 (Ch) (11 November 2021)

Petitioner v Company (Preliminary Hearing Under Schedule 10 to CIGA) [2021] EWHC 2905 (Ch) (11 November 2021)

Money v AB [2021] EWHC 2999 (Ch) (10 November 2021)

High Court (Commercial Court)

Patisserie Holdings PLC & Ors v Grant Thornton UK LLP [2021] EWHC 3022 (Comm) (10 November 2021)

High Court (Queen’s Bench Division)

MBR Acres Ltd & Ors v MBR Beagles & Ors [2021] EWHC 2996 (QB) (10 November 2021)

Silverman v Ryanair DAC (Rev1) [2021] EWHC 2955 (QB) (10 November 2021)

High Court (Technology and Construction Court)

Crest Nicholson Operations Ltd & Anor v Grafik Architects Ltd & Anor [2021] EWHC 2948 (TCC) (10 November 2021)

Source: www.bailii.org

Review or repetition? – Nearly Legal

Posted November 12th, 2021 in electronic mail, homelessness, housing, judicial review, London, news by tracey

‘Ms Bereket applied to LBWF for homelessness assistance. The authority accepted that it owed her a duty and offered her temporary accommodation in Luton. She rejected the offer as it was too far from her friends and family. The local authority explained why the property was suitable and gave a deadline for acceptance. Ms Bereket refused it again for the same reasons. The authority then decided that their duties had been discharged. She was told of her right to a review and, in a subsequent telephone call, was told the email address to use in order to request a review. She duly wrote to that address. Her email did not refer to any review but explained why the property was not suitable by reference to her need to stay in the local area (including, now, that her son had started school). The LA decided this was not a request for a review and she sought judicial review. The issue, therefore, was whether there had been a request for a review.’

Full Story

Nearly Legal, 11th November 2021

Source: nearlylegal.co.uk

Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog

‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’

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Ropewalk Clinical Negligence Blog, 11th November 2021

Source: www.ropewalk.co.uk

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, public interest by tracey

‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

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UK Constitutional Law Association, 9th November 2021

Source: ukconstitutionallaw.org

Jason Varuhas: Remedial Reform Part 1: Rationale – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, Supreme Court by tracey

‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

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UK Constitutional Law Association, 3rd November 2021

Source: ukconstitutionallaw.org

The authority of Property and Affairs Deputies – Local Government Lawyer

Posted November 12th, 2021 in Court of Protection, deputyship, disabled persons, local government, news by tracey

‘Arianna Kelly analyses a case relating to the scope of the authority of Property and Affairs Deputies post the ruling in ACC.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer

‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by tracey

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Lord Justice Haddon-Cave pens article for the Australian Law Journal – Courts and Tribunals Judiciary

Posted November 12th, 2021 in courts, judges, news, terrorism, trials by tracey

‘Lord Justice Haddon-Cave has written an article about the conduct of terrorism trials in England and Wales for a special edition of the Australian Law Journal on “National Security and the Law”.’

Full article

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Courts and Tribunals Judiciary, 11th November 2021

Source: www.judiciary.uk

Soldier suicide in Windsor prompts coroner to issue recommendations – BBC News

‘A soldier’s suicide has prompted a coroner to issue a series of recommendations to the Army to prevent similar deaths in the future.’

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BBC News, 11th November 2021

Source: www.bbc.co.uk

New Home Office policy risks ‘driving human trafficking victims underground’, experts warn – The Independent

‘Experts have warned that victims of trafficking risk being “driven underground” under new Home Office plans to grant immigration enforcement teams the power to decide on modern slavery cases.’

Full Story

The Independent, 12th November 2021

Source: www.independent.co.uk

Britain First activist faces retrial for alleged assault at hotel housing asylum seekers – The Independent

Posted November 12th, 2021 in assault, asylum, coronavirus, hotels, immigration, news, political parties, retrials by tracey

‘Magistrates have set aside the conviction of a Britain First activist accused of assaulting a security guard at a hotel housing asylum seekers. James White, 31, will face a retrial for assault at Coventry Magistrates’ Court on 7 March. He was found guilty of the offence in his absence on Monday, but the conviction was ruled unsafe two days later after his lawyer successfully argued proceedings had gone ahead unfairly.’

Full Story

The Independent, 11th November 2021

Source: www.independent.co.uk

No 10 faces legal challenge to PM’s support for Priti Patel on bullying claims – The Guardian

Posted November 12th, 2021 in bullying, codes of practice, government departments, judicial review, news by tracey

‘The government faces a legal challenge to Boris Johnson’s decision to back Priti Patel over bullying allegations, throwing a fresh spotlight on the prime minister’s approach to ethics in public life.’

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The Guardian, 12th November 2021

Source: www.theguardian.com

Alder Hey NHS Trust must pay boy £27m over brain injuries – BBC News

Posted November 12th, 2021 in children, compensation, damages, families, hospitals, negligence, news, personal injuries by tracey

‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’

Full Story

BBC News, 11th November 2021

Source: www.bbc.co.uk