24/10/2022 – Current Awareness

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

Posted October 24th, 2022 in accidents, appeals, chambers articles, civil procedure rules, costs, news, part 36 offers, personal injuries by sally

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

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Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Law Society has ‘duty’ to tell solicitors to shun underpaid work, says president – The Guardian

Posted October 24th, 2022 in barristers, criminal justice, fees, industrial action, Law Society, legal aid, news, solicitors by sally

‘The new president of the Law Society has said the association has a duty to tell solicitors in England and Wales to refuse criminal work if they are not paid properly for it, as they demand a 15% increase in legal aid fees to give them parity with barristers.’

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The Guardian, 23rd October 2022

Source: www.theguardian.com

Jail for pair who exploited 13-year-old drug mule – The Independent

Posted October 24th, 2022 in children, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A “callous” couple who exploited a 13-year-old boy to run heroin and crack cocaine from London to Kent as part of a county lines drugs operation have been jailed for a total of 12 years.’

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The Independent, 24th October 2022

Source: www.independent.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

Posted October 24th, 2022 in divorce, families, family courts, health, judiciary, legal education, legal profession, menopause, news, statistics, women by sally

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

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Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Is Enough Being Done To Support ‘Adults At Risk’ In Immigration Detention? – Each Other

Posted October 24th, 2022 in detention, government departments, immigration, mental health, news by sally

‘The UK government can detain people considered not to have the legal right to be in the UK or whose claim to stay in the UK is being decided under immigration powers. These people can be detained by the Home Office in immigration removal centres (IRCs) in the UK, or prisons if they are serving a custodial sentence. But what happens when someone in detention is considered ‘particularly vulnerable to harm in immigration detention’?’

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Each Other, 24th October 2022

Source: eachother.org.uk

Travel and childcare costs ‘stopping domestic abuse victims getting to court’ – The Independent

Posted October 24th, 2022 in charities, children, coercive & controlling behaviour, courts, domestic violence, families, family courts, news, transport, victims by sally

‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’

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The Independent, 24th October 2022

Source: www.independent.co.uk

Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

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Nearly Legal, 23rd October 2022

Source: nearlylegal.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Police apologise to woman for not pursuing sex assault report – BBC News

Posted October 24th, 2022 in evidence, media, news, police, sexual offences, victims by sally

‘A woman who was sexually assaulted at a bus station said police failed to act despite her sending them photos of her attacker.’

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BBC News, 24th October 2022

Source: www.bbc.co.uk

Rees-Mogg move to axe 2,400 laws is ‘anti-democratic’, say legal experts – The Guardian

Posted October 24th, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’

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The Guardian, 24th October 2022

Source: www.theguardian.com