Month: 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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

The Independent, 17th October 2024

Source: www.independent.co.uk

A Comparative Analysis of Devolved Judicial Review: A Summary – Judicial Review

Posted October 17th, 2024 in devolution, judicial review, news, Northern Ireland, Scotland, Wales by sally

‘Statistical analysis of judicial review is notoriously difficult, in part due to the inconsistency in what is published by official sources which results in a ‘partial account of [judicial] activity’.’

Full Story

Judicial Review, 16th September 2024

Source: www.tandfonline.com

LASPO 2012: ten years and beyond – a socio-legal study of the impact of legal aid cuts on service providers in England and Wales – Legal Ethics

Posted October 17th, 2024 in budgets, civil justice, criminal justice, legal aid, legal profession, legal representation, news by sally

‘Major reforms via the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 and subsequent reforms have reduced the legal aid budget and the scope of eligibility in criminal as well as civil cases. According to Mansfield et al., the principles of justice that embody the legal aid provision has been neglected by governments for over a decade and as such; created a gap that emasculates the most vulnerable in society, such as recipients of legal aid. This study employs an interview-based approach to investigate alternative perspectives in terms of the cuts and widespread impact on service providers in England and Wales, such as barristers, and solicitors. Detailed qualitative data were collected to provide insights into the diminishing legal aid scheme through the lived experiences of both civil and criminal legal aid providers. The study examines the concerns of service providers regarding their future as public defenders and the future of the judicial system post-LASPO 2012, focusing on safeguarding the rights of individuals facing litigation and ensuring that newly qualified lawyers are not deterred from public defence roles due to the long-term effects of ongoing legal aid cuts.’

Full Story

Legal Ethics, 10th September 2024

Source: www.tandfonline.com

‘Don’t panic, don’t panic’: an analysis of a purported pro-eating disorder website/online content moral panic and legal and policy responses

Posted October 17th, 2024 in food, health, internet, mental health, news by sally

‘It has been argued that newspaper responses to pro-eating disorder websites, within the United Kingdom (UK), constitute a moral panic. It is feared that moral panics may spur rash legal/policy responses. My analysis indicates that the consideration of pro-eating disorder websites by British newspaper journalists and others does not constitute a moral panic. I argue that the misuse of the moral panic concept exemplifies the dominance of emotivism within contemporary culture and may trivialise potential online harms and serve as an apologia for surveillance/digital capitalism. I contend that pro-eating disorder websites are potentially harmful and assess legal and policy responses, such as the Online Safety Act 2023 and the advancement of the digital commons. I also contend that the increase in the number of people suffering with eating disorders within the UK should be addressed by devoting more resources for research into, and the prevention and treatment of, eating disorders.’

Full Story

Information & Communications Technology Law, 18th September 2024

Source: www.tandfonline.com

Coroner raises concerns over new drivers taking passengers after north Wales crash – The Guardian

Posted October 17th, 2024 in accidents, coroners, inquests, news, road safety, young persons by sally

‘A coroner has raised concerns about young, newly qualified drivers being allowed to carry passengers, during an inquest into the deaths of four teenagers who drowned after a crash in north Wales.’

Full Story

The Guardian, 16th October 2024

Source: www.theguardian.com

Sex and the erasure of legal parenthood: P v Q and F (child: legal parentage) [2024] EWCA civ 878 – Journal of Scial Welfare and Family Law

Posted October 17th, 2024 in appeals, artificial insemination, birth certificates, families, news by sally

‘Imagine a scenario in which a same sex female married couple, P and Q, decide to become parents together. They find a sperm donor (F) online, and after two unsuccessful attempts at insemination, P conceives and gives birth to a daughter, X. Happily for P and Q, the law in the UK was changed in 2008 in order to enable both of them to be registered as X’s parents on her birth certificate, P as her mother and Q as her second legal parent. Three years later, P and Q’s relationship breaks down. While we are used to the law stepping in to resolve questions about money and the child’s living arrangements, in relation to a same sex female couple, UK law also does something completely extraordinary. It enables the mother to have the second legal parent’s name removed from the birth certificate, and replaced with that of the sperm donor.’

Full Story

Journal of Social Welfare and Family Law, 16th October 2024

Source: www.tandfonline.com

Housing Ombudsman issues report on 100 cases of severe maladministration involving damp and mould – Local Government Lawyer

Posted October 17th, 2024 in health & safety, housing, landlord & tenant, local government, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has found severe maladministration for how a housing association failed to deal with damp and mould in a home for two years, which left the resident unable to sleep in her bedroom.’

Full Story

Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

Ministers to give magistrates in England and Wales more sentencing powers – The Guardian

Posted October 17th, 2024 in courts, criminal justice, Crown Court, delay, magistrates, Ministry of Justice, news, prisons, sentencing, statistics by sally

‘Ministers will announce plans within days to give magistrates in England and Wales fresh powers to hand down longer custodial sentences to help reduce the backlog in crown courts and prisons, the Guardian understands.’

Full Story

The Guardian, 17th October 2024

Source: www.theguardian.com

Health, Welfare and Deprivation of Liberty Report – October 2024 – 39 Essex Chambers

Posted October 17th, 2024 in chambers articles, Court of Protection, deprivation of liberty safeguards, human rights, Law Commission, mental health, news, Scotland by tracey

‘In the Health, Welfare and Deprivation of Liberty Report: what to do where there is no reliable evidence of P’s wishes and feelings.’

Full Story

39 Essex Chambers, 1st October 2024

Source: www.39essex.com

Anti-Zionism as a protected belief: final judgment in Miller v University of Bristol – Law & Religion UK

Posted October 17th, 2024 in disciplinary procedures, employment, employment tribunals, equality, freedom of expression, Israel, Judaism, news, unfair dismissal, universities by sally

‘In February, we posted Anti-Zionism as a protected belief: Miller, which commented on the case of Dr David Miller v University of Bristol [2024] ET 1400780/2022. Dr Miller had been appointed Professor of Political Sociology at the University from 1 September 2018, but in 2019 there were complaints about his conduct, including what was said to be his use of antisemitic language. The Community Security Trust charity said that a lecture he had given had been a “false, vile, anti-Semitic slur”. The University appointed an independent barrister to investigate this as part of its internal complaints procedure, who concluded on 4 December 2020 that there was no formal case to answer in connection with any of the matters investigated.’

Full Story

Law & Religion UK, 16th October 2024

Source: lawandreligionuk.com

Attorney General to issue amended guidance for government lawyers on legal risk – Local Government Lawyer

Posted October 17th, 2024 in attorney general, government departments, legal profession, local government, news, rule of law by sally

‘The Attorney General, Lord Hermer KC, has announced he is to issue amended guidance for assessing legal risk across government that will seek to “raise the standards for calibrating legality”.’

Full Story

Local Government Lawyer, 16th October 2024

Source: www.localgovernmentlawyer.co.uk

England and Wales assisted dying bill formally launched in House of Commons – The Guardian

Posted October 17th, 2024 in assisted suicide, bills, criminal justice, news, suicide by sally

‘A bill to legalise assisted dying for terminally ill adults in England and Wales has been formally introduced in the House of Commons, triggering what is expected to be intense discussion over the coming weeks and months on an emotionally charged and controversial issue.’

Full Story

The Guardian, 16th October 2024

Source: www.theguardian.com