Day: 2 September 2024

Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers

Posted September 2nd, 2024 in accidents, appeals, care orders, children, expert witnesses, families, local government, news by sally

‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’

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St Ives Chambers, 8th August 2024

Source: www.stiveschambers.co.uk

Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers

Posted September 2nd, 2024 in appeals, chambers articles, families, housing, human rights, landlord & tenant, local government, news, repossession by sally

‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’

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St Philips Barristers, 19th August 2024

Source: st-philips.com

Home Buyer’s Nightmare: The Seller’s Wife Won’t Leave – St Philips Barristers

Posted September 2nd, 2024 in chambers articles, families, land registration, news by sally

‘Iqbal Mohammed explores the unusual facts in the case of Pervaiz v Akhtar, decided by Her Honour Judge Truman in July 2024.’

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St Philips Barristers, 1st August 2024

Source: st-philips.com

The recent sentencing of climate protestors – Six Pump Court

Posted September 2nd, 2024 in chambers articles, climate change, conspiracy, environmental protection, freedom of expression, human rights, news, nuisance, road traffic, roads, sentencing by sally

‘On 18th July 2024, attentions were drawn to the sentences received by five Just Stop Oil activists, including its co-founder, Roger Hallam, for the offence of conspiracy to intentionally cause a public nuisance, namely by disrupting traffic on the M25.[1] Mr Hallam received a sentence of five years and the others received sentences of four years. Many viewed the sentences as excessive and repressive considering that the protests were peaceful,[2] despite causing large-scale disruption with significant economic consequences.’

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Six Pump Court, 9th August 2024

Source: 6pumpcourt.co.uk

Family Law Newsletter – August 2024 – Spire Barristers

Posted September 2nd, 2024 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter – August 2024; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 19th August 2024

Source: www.spirebarristers.co.uk

When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 – Wilberforce Chambers

Posted September 2nd, 2024 in appeals, chambers articles, families, land registration, news, wills by sally

‘At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that:
“On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it”.’

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Wilberforce Chambers, 30th July 2024

Source: www.wilberforce.co.uk

‘Grenfell is a warning to the world’: The survivors still searching for justice – The Independent

Posted September 2nd, 2024 in accidents, bereavement, building law, construction industry, emergency services, families, fire, fire services, government departments, health & safety, housing, inquiries, news by sally

‘As the Grenfell inquiry prepares to publish its final report into the 2017 tower block fire that killed 72, Nadine White speaks to those still grappling with its tragic legacy.’

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The Independent, 1st September 2024

Source: www.independent.co.uk

‘People tend to think these battles have been won’: Next equal pay claimant on fight for recognition – The Guardian

Posted September 2nd, 2024 in class actions, compensation, employment, employment tribunals, equality, news, remuneration, sex discrimination by sally

‘During an average shift on the shop floor at Next, Helen Scarsbrook has to remain polite and keep smiling while she makes split-second judgments about which customers need help and which need to be tactfully discouraged from shoplifting and ushered out of the store.’

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The Guardian, 1st September 2024

Source: www.theguardian.com

One-word Ofsted grades scrapped in England’s schools – BBC News

Posted September 2nd, 2024 in education, families, government departments, inquests, mental health, news, ombudsmen, school children, suicide, teachers by sally

‘One or two-word Ofsted inspection grades for England’s schools are being scrapped immediately.’

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BBC News, 2nd September 2024

Source: www.bbc.co.uk