Day: 18 October 2024

Form FM5 and MIAM’s – Becket Chambers

Posted October 18th, 2024 in chambers articles, children, costs, dispute resolution, families, financial dispute resolution, financial provision, news by sally

‘It has been a requirement for a number of years that before financial proceedings or children matters that the applicant, save for a few exemptions, is required to attend a Mediation Information and Assessment Meeting [MIAM]. Often by the time parties attend their MIAM, they have reached the stage of utter frustration and have felt that the only way forward was to go to court. The MIAM for some people became a mere hurdle to be overcome so that they could go to court, it was a tick box exercise.’

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Becket Chambers, 24th September 2024

Source: becket-chambers.co.uk

Testamentary capacity: warning signs and professional best practice – Wilberforce Chambers

Posted October 18th, 2024 in chambers articles, expert witnesses, news, probate, wills by sally

‘The recent decision of Joanna Smith J in Leonard v Leonard [2024] EWHC 321 (Ch) is instructive for private client practitioners, non-contentious and contentious alike. The validity of a will was disputed on the grounds of lack of testamentary capacity and want of knowledge and approval. The case stands out for its unusual facts, of how warning signs were missed, of how a professional will drafter failed to comply with repeated client instructions for a simple will, and of how the court will be aided (or not) by ex post facto expert evidence.’

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Wilberforce Chambers, 30th September 2024

Source: www.wilberforce.co.uk

Damages as an adequate remedy in Employee Competition claims – Blackstone Chambers

Posted October 18th, 2024 in chambers articles, competition, damages, employment, injunctions, news by sally

‘Much ink will be spilt over the Supreme Court’s decision in Tesco Stores v USDAW [2024] UKSC 28 relating to an implied contractual term preventing Tesco from firing (and then rehiring) employees in order to remove guaranteed retained pay, and consequential injunctive relief to prevent the same. Here, I consider only one issue from that decision that impacts on applications for injunctions in the employee competition sphere: the question of damages as an adequate remedy.’

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Blackstone Chambers, 23rd September 2024

Source: www.employeecompetition.com

Practice Direction 12J, fact find hearings and child arrangements – E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 – Becket Chambers

Posted October 18th, 2024 in appeals, chambers articles, children, coercive & controlling behaviour, domestic violence, families, news, practice directions by sally

‘E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 was a recent appeal brought by the Mother on 2 grounds; the first in respect of a child arrangements order made for unsupervised contact and the second regarding an adjournment due to a Qualified Legal Representative (‘QLR’) not being available for the fact find hearing. This article will focus on the first ground in respect of the child arrangements order.’

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Becket Chambers, 30th September 2024

Source: becket-chambers.co.uk

Home Office hires 200 staff to clear huge backlog of UK modern slavery cases – The Guardian

Posted October 18th, 2024 in delay, forced labour, government departments, immigration, news, victims by sally

‘The Home Office has recruited 200 staff to clear a backlog of 23,300 modern slavery cases left by the last government, a minister has told the Guardian.’

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The Guardian, 18th October 2024

Source: www.theguardian.com

Woman living in UK for 22 years faces deportation – BBC News

Posted October 18th, 2024 in birth certificates, citizenship, deportation, fraud, government departments, immigration, news by sally

‘A woman who has been living in the UK for 22 years said she has been left “traumatised” after being told she could be deported.’

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BBC News, 18th October 2024

Source: www.bbc.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

Posted October 18th, 2024 in appeals, houses in multiple occupation, housing, internet, local government, news, rent, repayment by sally

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Wife of Tory councillor jailed for stirring racial hatred after Southport attack – The Guardian

Posted October 18th, 2024 in asylum, hate crime, immigration, imprisonment, internet, married persons, news, political parties, public order, racism, sentencing, violent disorder by sally

‘A childminder married to a Conservative councillor has been jailed after calling for hotels housing asylum seekers to be set on fire after the Southport attacks.’

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The Guardian, 17th October 2024

Source: www.theguardian.com

Deaths in police custody reach 17-year high, figures reveal – The Independent

Posted October 18th, 2024 in accidents, death in custody, news, ombudsmen, police, road traffic, statistics, suicide by sally

‘The number of people to die in police custody last year is the highest in almost two decades, new figures have revealed.’

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The Independent, 17th October 2024

Source: www.independent.co.uk