Thousands of refugees could be made homeless in UK’s asylum backlog clearance – The Guardian

Posted October 5th, 2023 in asylum, delay, homelessness, news, refugees by sally

‘More than 50,000 refugees in the UK could be made homeless by the end of the year unless ministers take urgent steps to support them as it clears the asylum backlog, the British Red Cross has warned.’

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The Guardian, 5th October 2023

Source: www.theguardian.com

‘Animal’ Dorset Police officer guilty of raping friend – BBC News

Posted October 5th, 2023 in alcohol abuse, assault, news, police, rape, sexual offences by sally

‘A police officer has been found guilty of raping a friend who accused him of abusing her “like an animal”.’

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BBC News, 4th October 2023

Source: www.bbc.co.uk

UK kick off domestic data protection law shift – OUT-LAW.com

Posted October 5th, 2023 in brexit, data protection, EC law, human rights, news, regulations by sally

‘Forthcoming changes to the basis of UK data protection law, although likely to be of minor practical impact, nevertheless represent an important shift in the lens through which domestic data protection legislation is viewed.’

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OUT-LAW.com, 4th October 2023

Source: www.pinsentmasons.com

Thomas Horsley: Managing the External Effects of Devolved Legislation: Virtual Representation, Self-Rule and the UK’s Territorial Constitution – UK Constitutional Law Association

‘The Scottish Government is presently seeking judicial review of the UK Government’s decision to block Royal Assent for the Gender Recognition Reform (Scotland) Bill (GRRB) using s.35 of the Scotland Act 1998 (SA). The Court of Session’s decision, which may yet end up before the UK Supreme Court on appeal, is eagerly awaited, not least given the electricity of political debates over gender recognition and its reform in Scotland and elsewhere.’

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UK Constitutional Law Association, 5th October 2023

Source: ukconstitutionallaw.org

Holiday pay ruling ‘entitles many UK workers to thousands in unfairly deducted wages’ – The Guardian

Posted October 5th, 2023 in holiday pay, news, Northern Ireland, police, remuneration, Supreme Court by sally

‘Many UK workers could be entitled to thousands of pounds “unfairly” deducted from their pay after a supreme court decision, according to unions.’

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The Guardian, 4th October 2023

Source: www.theguardian.com

New legislation could introduce electronic wills “immediately” – Legal Futures

‘A new Wills Act could permit electronic wills to be introduced “immediately”, rather than enabling the Lord Chancellor to introduce them by statutory instrument at some point in the future, the Law Commission has said.’

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Legal Futures, 5th October 2023

Source: www.legalfutures.co.uk

George’s Law – Pump Court Chambers

Posted October 4th, 2023 in bereavement, chambers articles, families, maternity leave, news, podcasts, pregnancy by sally

‘Keeley Lengthorn of Taylor Rose MW speaks to host Imogen Robins about her awe inspiring campaign for statutory leave for baby loss under 24 weeks of pregnancy. Keeley talks frankly about her own experiences which led her to be a campaigner, and listeners should be trigger-warned in relation to baby loss. This is not family law, but it is law affecting families and Keeley’s honesty and tenacity makes this a must-listen.’

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Pump Court Chambers, 1st September 2023

Source: www.pumpcourtchambers.com

Illegal Migration Bill: Welcomed by Human Traffickers – Mountford Chambers

Posted October 4th, 2023 in bills, chambers articles, immigration, news, trafficking in human beings by sally

‘Organised Crime poses an increasing problem around the world. Endangering the economic well-being of countries, it can pose national security threats and affect vulnerable communities. Anisha Kiri tracks recent developments.’

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Mountford Chambers, 8th September 2023

Source: www.mountfordchambers.com

The Law Commission’s Review on Financial Remedies – Pump Court Chambers

Posted October 4th, 2023 in chambers articles, divorce, financial provision, Law Commission, news, podcasts by sally

‘This podcast will look at the scope of the Law Commission’s work on this topic, and delve into the reasons why some have called for a review, the possible options for reform, the pros and cons, and comparisons with other jurisdictions.’

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Pump Court Chambers, 11th September 2023

Source: www.pumpcourtchambers.com

Cladding remediation and related costs recovery – a new case in the FTT: St John Street Property Services Ltd v Riverside Group Ltd – Tanfield Chambers

‘Robert Bowker and Jeremy Weaver, an associate director at Bradys Solicitors analyse the recent case of St John Street Property Services Group v Riverside Group Ltd.’

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Tanfield Chambers, 11th September 2023

Source: www.tanfieldchambers.co.uk

Measured duty of care – St John’s Chambers

Posted October 4th, 2023 in boundaries, chambers articles, duty of care, news, party walls by sally

‘Brittany Pearce, Real Estate barrister was recently involved in a dispute between neighbours concerning her client’s retaining wall, which was in disrepair and required replacement. The cost of replacing the wall with a stronger wall which didn’t encroach further on to either party’s driveway was estimated to be £25,000. The parties couldn’t agree why the wall required replacement or who should bear the cost and litigation ensued. By the end of proceedings, the parties had spent around £160,000 on legal fees and disbursements. In this article Brittany will discuss the measured duty of care as well as her thoughts on dealing with these claims in a proportionate manner.’

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St John's Chambers, 5th September 2023

Source: www.stjohnschambers.co.uk

Section 117B Public Interest Considerations Explained – Richmond Chambers

Posted October 4th, 2023 in chambers articles, human rights, news, proportionality, public interest by sally

‘When considering immigration matters involving Article 8 (ECHR), one of the most important factors that decision-makers, courts and tribunals will take into account when reaching their conclusion is whether any of the issues raised run counter to the “public interest”. This concept is defined under s.117B of the Nationality, Immigration and Asylum Act 2002 and comes into play when a court or tribunal has to consider whether an interference with an applicant’s Article 8 rights is proportionate.’

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Richmond Chambers, 7th September 2023

Source: immigrationbarrister.co.uk

Inquests and the Fixed Recoverable Costs Reforms: To Be Or Not To Be? – Parklane Plowden Chambers

Posted October 4th, 2023 in chambers articles, costs, inquests, news by sally

‘Access to representation in the inquest process in relation to costs recoverability presently hangs in the balance as the final government proposals following the July MoJ consultation on Fixed Recoverable Costs (FRC) are awaited. Amongst other issues, the recoverability of inquest costs in Fatal Accident Act cases is part of the FRC consultation.’

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Parklane Plowden Chambers, 27th September 2023

Source: www.parklaneplowden.co.uk

The Remuneration of Pension Trustees: Some Current Issues – Wilberforce Chambers

Posted October 4th, 2023 in chambers articles, news, pensions, remuneration, trusts by sally

‘This article deals with two discrete aspects of the law and practice relating to trustee remuneration – a recent decision of the Court of Appeal and the Pensions Regulator’s Single Code of Practice.’

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Wilberforce Chambers, September 2023

Source: www.wilberforce.co.uk

‘Sleep, Sex and Violence’? – Drystone Chambers

Posted October 4th, 2023 in automatism, chambers articles, news, sleepwalking by sally

‘It is over 17 years since I first ran a defence based on parasomnias. The circumstances of the offence were that in the early hours a 28-year-old man, whilst staying over at a friend’s house, had left the living room where he was sleeping, walked down the short hallway to his friend’s 15-year-old stepdaughter’s room and got into bed with her (he had slept in her room the night before) and touched her on her breasts. Two experts later (a sleep disorder expert and a neurologist) and I had evidence supportive of his case that what he had done had been in a state of sleep. I ran a defence of non-insane automatism based on somnambulism (sleepwalking) and sexsomnia (sexual activity in sleep). The jury acquitted. 6 years later I represented the same man charged with attempted murder. He had left his house, walked the short distance to his friend’s house, entered by an unlocked side door, went into her bedroom, got on her top of her and then put an axe to her head. Same experts, same defence, save that in this case the judge determined the appropriate defence was insanity and not non-insane automatism. The jury rejected insanity and the defendant was convicted.’

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Drystone Chambers, 19th September 2023

Source: www.drystone.com

Berrow Wood: The abusive school where boys were just a number – BBC News

‘Nine former members of staff at a school for boys with behavioural difficulties have now been convicted of physically and sexually abusing pupils over four decades. The BBC spoke to 10 survivors of the defunct Berrow Wood School about their ordeals, with questions remaining over how the abuse was able to continue for so long.’

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BBC News, 3rd October 2023

Source: www.bbc.co.uk

Reform of the 1996 Arbitration Act: What To Expect – 4-5 Gray’s Inn Square

Posted October 4th, 2023 in arbitration, chambers articles, Law Commission, news by sally

‘The last dozen or so years have seen a number of revisions to arbitration legislation around the world. For instance, 2010 saw new or revised legislation in the Republic of Ireland and Scotland. In that context the review of the Arbitration Act 1996 (UK) (‘Act’) applicable in England, Wales and Northern Ireland, which started in 2021 was apt and necessary. The United Kingdom’s Law Commission has recently concluded that exercise. The Law Commission looked at whether the legislation is fit for purposes and reflected international best practice. In the round, the suggested changes, which still have to be given legislative effect, is a ‘tune up’, rather than a major revision, of an Act which has in the near 30 years since it was last amended shown itself to be robustly effective. The world (including the practice of domestic and international arbitration) has changed significantly since the mid-1990s and the suggested amendments can be seen as practical steps to consolidate the effectiveness of the Act.’

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4-5 Gray's Inn Square, September 2023

Source: www.4-5.co.uk

Teresa Hanson jailed for life after stabbing husband to death – BBC News

Posted October 4th, 2023 in domestic violence, imprisonment, married persons, murder, news, sentencing by sally

‘A woman who stabbed her husband to death with a kitchen knife while making a meal and then carried on cooking has been jailed for life.’

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BBC News, 3rd October 2023

Source: www.bbc.co.uk

Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB) – Asbestos Law

‘In this article Cressida Mawdesley-Thomas considers the judgment of HHJ Lickley KC in Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB). Ness was a successful fatal mesothelioma claim.’

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Asbestos Law, 5th September 2023

Source: asbestoslawblog.uk

Factory worker who contaminated food destined for Nando’s jailed – BBC News

Posted October 4th, 2023 in contamination, food, imprisonment, news, sentencing by sally

‘A factory worker who put plastic bags, rubber gloves and ring pulls in food destined for Nando’s has been jailed.’

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BBC News, 3rd October 2023

Source: www.bbc.co.uk