Imprisonment for Public Protection jail terms ‘a death sentence’ – BBC News
‘Karl Maroni, 33, has spent all his adult life in jail.’
BBC News, 19th March 2021
Source: www.bbc.co.uk
Category: time limits
Third of remand prisoners in England being held beyond legal time limit for trials – The Guardian
‘More than 3,600 people – almost a third of England’s remand prison population – have been held beyond the legal time limit awaiting trials as the pandemic wreaks havoc on the legal process.’
The Guardian, 17th March 2021
Source: www.theguardian.com
Barder: Where are we now? – Family Law
‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’
Family Law, 12th March 2021
Source: www.familylaw.co.uk
Ministry extends ban on bailiff-enforced evictions – Local Government Lawyer
‘The Government has extended the ban on bailiff-enforced evictions in all but the most serious circumstances and the requirement for landlords to provide six-month notice periods to residential tenants before they evict until at least 31 May.’
Local Government Lawyer, 10th March 2021
Source: www.localgovernmentlawyer.co.uk
Rent Repayment Order miscellany – Nearly Legal
‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
UK firms given six months’ grace on gender pay gap reporting – The Guardian
‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’
The Guardian, 22nd February 2021
Source: www.theguardian.com
Drafting an information for breach of an enforcement notice: Ceredigion CC v Robinson & others – 5SAH
‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’
5SAH, 16th February 2021
Source: www.5sah.co.uk
Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers
‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’
St Philips Barristers, 9th February 2021
Source: st-philips.com
One day late acceptance of part 36 offer puts costs in play – Legal Futures
‘An automatic entitlement to costs under part 36 only arises if the offer is accepted within the “relevant period”, the High Court has ruled.’
Legal Futures, 21st January 2021
Source: www.litigationfutures.com
N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers
‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’
Pump Court Chambers, 8th January 2021
Source: www.pumpcourtchambers.com
The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other
‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’
Each Other, 12th January 2021
Source: eachother.org.uk
Court denies relief for costs default during first lockdown – Law Society’s Gazette
‘A litigant in a personal injury claim has been penalised for not contesting a costs bill within the allotted time, despite his representatives pleading that their work was affected by the first lockdown.’
Law Society's Gazette, 5th January 2021
Source: www.lawgazette.co.uk
Unsealed claim forms not good service, High Court rules – Law Society’s Gazette
‘A High Court judge has penalised litigants who served an unsealed amended claim form within the approved deadline, stating that this ultimately did not constitute good service.’
Law Society's Gazette, 17th December 2020
Source: www.lawgazette.co.uk
Changes to ACAS Early Conciliation – Cloisters
‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’
Cloisters, 1st December 2020
Source: www.cloisters.com
Family of man killed by convicted terrorist sue UK government – The Guardian
‘The family of a young man stabbed to death by a convicted terrorist are suing the government over alleged failures to manage the attacker in the community.’
The Guardian, 26th November 2020
Source: www.theguardian.com
Brexit and family law: do you need to act before 31 December? – Family Law Week
‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.
Family Law Week, 19th November 2020
Source: www.familylawweek.co.uk
Of late reviews and multiple appeals – Nearly Legal
‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’
Nearly Legal, 15th November 2020
Source: nearlylegal.co.uk
Whistleblowing time limits: one off acts vs continuing acts – 3PB
‘Ikejiaku reinforces the distinction between a one-off act and a continuing act in the context of the imposition of a new contract, highlighting that this was a one off act with continuing consequences. Although the case concerned time limits in a whistleblowing detriment claim, the principles will extend across other areas, such as discrimination, in which unlawful detriments form the basis for claims.’
3PB, 8th October, 2020
Source: www.3pb.co.uk
Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers
‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’
Hardwicke Chambers, 14th October 2020
Source: hardwicke.co.uk
Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case – Local Government Lawyer
‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’
Local Government Lawyer, 5th November 2020
Source: www.localgovernmentlawyer.co.uk
