30/03/2023 – Current Awareness

Guardianship Orders: A Cut Out and Keep Guide Based on One I Made Earlier – Parklane Plowden Chambers

Posted March 30th, 2023 in chambers articles, guardianship, missing persons, news by sally

‘The Guardianship (Missing Persons) Act 2017 (“the Act”) came into force three and half years ago on 31 July 2019. Informally known as “Claudia’s Law” after Claudia Lawrence who disappeared in 2009, the purpose of the Act is to empower the court to appoint a guardian to deal with the property and financial affairs of people who have gone missing.’

Parklane Plowden Chambers, 1st March 2023

Source: www.parklaneplowden.co.uk

Directors Accountability and Burdens of Proof – New Square Chambers

Posted March 30th, 2023 in chambers articles, civil procedure rules, company directors, documents, news by sally

‘In our latest article, James Saunders examines burdens of proof in claims against directors, the duty of directors to account for company assets and the ambit of CPR 32.19 notices to prove documents.’

New Square Chambers, 13th March 2023

Source: www.newsquarechambers.co.uk

Financial Sanctions in the UK – No. 5 Chambers

Posted March 30th, 2023 in chambers articles, export controls, money laundering, news, Russia, sanctions, terrorism by sally

‘With the financial sanctions imposed against Russia has been widening and deepening over the past year, more and more businesses and investors have paid attention to the regulatory obligations for compliance.’

No. 5 Chambers, 8th March 2023

Source: www.no5.com

Admissibility of foreign convictions in proceedings under the Children Act 1989 – Family Law Week

Posted March 30th, 2023 in care orders, child abuse, children, foreign jurisdictions, news, sexual offences by sally

‘Samuel Arksey, a pupil barrister at Senate House Chambers considers the admissibility of foreign convictions in proceedings under the Children Act 1989.’

Family Law Week, 15th March 2023

Source: www.familylawweek.co.uk

R (Milburn) v Local Government and Social Care Ombudsman – St John’s Buildings

Posted March 30th, 2023 in chambers articles, jurisdiction, local government, news, ombudsmen, special educational needs, tribunals by sally

‘In R (Milburn) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207, the Court of Appeal upheld the decision of HHJ Sephton KC (sitting as a Deputy Judge of the High Court) that the Claimant’s complaints regarding the local authority’s conduct in an appeal before the First-Tier Tribunal (Special Educational Needs and Disability) well within the remit of the Tribunal, and therefore fell outside of the Ombudsman’s jurisdiction due to s.26(6) of the Local Government Act 1974.’

St John's Buildings, 15th March 2023

Source: stjohnsbuildings.com

High Court Dismisses Application to Exclude Expert Evidence at Trial – Ropewalk Chambers

Posted March 30th, 2023 in chambers articles, evidence, expert witnesses, news, personal injuries by sally

‘In Fawcett v TUI UK Ltd [2023] EWHC 400 (KB), Dexter Dias KC, sitting as a Deputy High Court Judge, considered an application by the Claimant to exclude the Defendant’s expert evidence in a personal injury trial. The application was dismissed.’

Ropewalk Chambers, 15th March 2023

Source: ropewalk.co.uk

Nuisance law and a diverging of judgments – Solicitors’ Journal

Posted March 30th, 2023 in judgments, news, nuisance, privacy, Supreme Court by sally

‘Gordon Wignall explores a nuisance case in the Supreme Court about the Tate Modern and Richard Roger’s glass dwellers’ lack of privacy.’

Solicitors' Journal, 27th March 2023

Source: www.solicitorsjournal.com

Health and safety update – recent legal developments by Amy Taylor – Six Pump Court

Posted March 30th, 2023 in chambers articles, fines, health & safety, news by sally

‘In this Health and Safety Update, Amy Taylor discusses recent health and safety cases, the most expensive health and safety fines of 2022 and the past and future strategy of the HSE.’

Six Pump Court, 29th March 2023

Source: 6pumpcourt.co.uk

Family Law Newsletter – Spire Barristers

Posted March 30th, 2023 in care orders, chambers articles, divorce, family courts, financial provision, news by sally

‘Family Law Newsletter Issue #65; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

Spire Barristers, 2nd March 2023

Source: spirebarristers.co.uk

Rakusen v Jepsen: Sam Madge-Wyld comments on the decision – Tanfield Chambers

Posted March 30th, 2023 in houses in multiple occupation, landlord & tenant, news, rent, repayment, Supreme Court by sally

‘On 1 March 2023, the Supreme Court handed down its judgment in Rakusen v Jepsen [2023] UKSC 9. In a unanimous decision delivered by Lord Briggs and Lord Burrows in a joint judgment, the court held that the Court of Appeal had been correct in its interpretation that a Rent Repayment Order (RRO) could only be made against the immediate landlord of a tenancy that generates the relevant rent.’

Tanfield Chambers, 3rd March 2023

Source: www.tanfieldchambers.co.uk

Remind me about … Sections 91 and 92 PA95 – Pensions Barrister

Posted March 30th, 2023 in assignment, chambers articles, forfeiture, news, pensions, set-off by sally

‘In the first of our “Remind me about” series, John Grocott-Barrett of Wilberforce Chambers summarises the law relating to these two important sections of the Pensions Act 1995. The “Remind me about” series is aimed as a training tool and as an update for busy practitioners.’

Pensions Barrister, 22nd March 2023

Source: www.pensionsbarrister.com

Sister of Christopher Alder on 25-year fight for answers – BBC News

Posted March 30th, 2023 in burials and cremation, death in custody, human tissue, inquests, news, police, unlawful killing by sally

‘More than a decade after his death in police custody, the body of former paratrooper Christopher Alder was discovered lying in a mortuary. At the same time, in a grave bearing his name lay the body of a 77-year-old woman. No-one has ever been held responsible for either incident. Ahead of the 25th anniversary of his death, Mr Alder’s sister, Janet, spoke to the BBC about the psychological toll of her battle for truth and accountability.’

BBC News, 30th March 2023

Source: www.bbc.co.uk

Amendments To The Illegal Migration Bill Split Parliament – Each Other

Posted March 30th, 2023 in asylum, bills, deportation, immigration, news, political parties by sally

‘On 27 March, MPs were back in parliament to debate the proposed Illegal Migration Bill. Its return to the House of Commons has reportedly split Tory MPs over the issue of its hardening stance on people arriving on small boats across the Channel.’

Each Other, 29th March 2023

Source: eachother.org.uk

Law Commission to review “inflexible” Landlord & Tenant Act 1954 – Local Government Lawyer

Posted March 30th, 2023 in landlord & tenant, Law Commission, leases, news by sally

‘The Law Commission of England and Wales has announced it will review part of the “inflexible, bureaucratic and out of date” Landlord and Tenant Act 1954.’

Local Government Lawyer, 29th March 2023

Source: www.localgovernmentlawyer.co.uk

Pitsea murder: Man jailed for killing partner Madison Wright – BBC News

Posted March 30th, 2023 in domestic violence, murder, news, sentencing by sally

‘A “controlling” man who murdered his partner before taking her money has been jailed for a minimum of 21 years.’

BBC News, 29th March 2023

Source: www.bbc.co.uk

Case comment: Dove v HM Assistant Coroner for Teesside and Hartlepool [2023] EWCA Civ 289 – Inquests and Inquiries Law Blog

Posted March 30th, 2023 in benefits, causation, coroners, human rights, inquests, news, suicide by sally

’12KBW pupil Corinne Novell gives an update on this case and the outcome of the Court of Appeal hearing, in which challenges were brought with regard to Article 2 and seeking a fresh inquest.’

Inquests and Inquiries Law Blog, 29th March 2023

Source: inquestsandinquirieslawblog.com

Barmouth: David Redfern guilty of bed mix-up murder – BBC News

Posted March 30th, 2023 in mistake, murder, news, violence by sally

‘A man has been found guilty of murdering a 71-year-old who mistook his home for a B&B and got into his bed.’

BBC News, 29th March 2023

Source: www.bbc.co.uk

Illegal migration bill could topple world refugee system, lawmakers told – The Guardian

Posted March 30th, 2023 in asylum, bills, deportation, human rights, immigration, international law, news, refugees, select committees by sally

‘The government’s plans to curtail the rights of asylum seekers could lead to the collapse of the system of international protection for refugees, parliamentarians have been warned.’

The Guardian, 29th March 2023

Source: www.theguardian.com

Law Commission widens planned discrimination ban in arbitration – Legal Futures

Posted March 30th, 2023 in arbitration, consultations, diversity, Law Commission, news, sex discrimination by sally

‘The Law Commission has suggested widening its proposed ban on discrimination in arbitration from the appointment of arbitrators to the conduct of the arbitration generally.’

Legal Futures, 30th March 2023

Source: www.legalfutures.co.uk

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