The View from the Bench – a speech by Mr Justice Fordham to the Hart Judicial Review Conference – Courts and Tribunals Judiciary

Posted December 10th, 2024 in case management, electronic filing, judicial review, judiciary, news, speeches by sally

‘Mr Justice Fordham delivered a speech as part of the Hart 18th Annual Judicial Review Conference on Friday 6 December 2024.’

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Courts and Tribunals Judiciary, 6th December 2024

Source: www.judiciary.uk

Barrister apprenticeship standard endorsed by Bar Standards Board – Bar Standards Board

Posted December 10th, 2024 in barristers, legal education, news, standards by sally

‘The Institute for Apprenticeships and Technical Education (IFATE) and the Bar Standards Board (BSB) are pleased to announce the Barrister Apprenticeship Standard. This new standard sets out the skills, knowledge and behaviours needed to become a successful practising barrister in England and Wales. ‘

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Bar Standards Board, 5th December 2024

Source: www.barstandardsboard.org.uk

Race at the Bar: time to double down on race equality work – The Bar Council

Posted December 10th, 2024 in barristers, equality, news, race discrimination, reports by sally

‘The Bar Council is calling on individuals, chambers, and organisations at the Bar to step up work on race equality and keep the momentum going, as it publishes the follow up report to the landmark Race at the Bar report 2021.”

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The Bar Council, 4th December 2024

Source: www.barcouncil.org.uk

Arbitrating Costs Provision Applications – Financial Remedies Journal

Posted December 10th, 2024 in arbitration, costs, divorce, family courts, news by sally

‘There have been few seismic changes in family law that reshaped everything. Much as we would love suddenly to have a new landscape for our professional work, most of us can only hope to find small solutions that work for some small corner of one field. However, bit by bit this may all contribute to an evolving and improving climate in which families change and start their new chapters. Here we hope is one more such.’

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Financial Remedies Journal, 5th December 2024

Source: financialremediesjournal.com

Avoiding the Bear Traps of Arbitration – Some Tips from the Coalface – Financial Remedies Journal

Posted December 10th, 2024 in arbitration, dispute resolution, news by sally

‘Arbitration is the form of ADR on everyone’s lips – even more so now with the new NCDR provisions that have come into force. Slow to get going, after its launch in 2012, and after Haley v Haley ironed out people’s concerns about routes to appeal, arbitration is sometimes hailed as being the silver bullet solution – a client-pleasing way to avoid the challenges that come with the court service. Providing a confidential and streamlined process for those wanting to avoid the delays and potential publicity of a court process, its attraction for clients, other than the additional fees of the arbitrator, are obvious.

However, there are traps that one can fall into, and stumbling blocks we have identified which prevent people from arbitrating, cause difficulties in the process and can add to the cost for clients, which can tarnish the lustre of our proverbial silver bullet.

Here are our lessons learned over the past few years.’

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Financial Remedies Journal, 2nd December 2024

Source: financialremediesjournal.com

Mental health trust could lose its licence – BBC News

Posted December 10th, 2024 in homicide, hospital orders, hospitals, licensing, mental health, news, reports by sally

‘NHS England says the mental health trust that treated the killer who carried out the Nottingham attacks must attend monthly progress meetings to discuss improvements or face losing its licence.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Former chair of Criminal Bar Association found to have ‘inappropriately initiated sexual contact’ with aspiring lawyer – The Guardian

‘A former chair of the Criminal Bar Association (CBA) inappropriately initiated sexual contact with an aspiring lawyer, a disciplinary tribunal has found.’

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The Guardian, 9th December 2024

Source: www.theguardian.com

Top London academies face mass claims of emotional harm as Whitehall acts on crisis – The Guardian

‘The government has expressed alarm at “deeply distressing” allegations of emotional harm at one of the country’s leading academy trusts after an Observer investigation.’

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The Guardian, 7th December 2024

Source: www.theguardian.com

Leaseholders dispute £200,000 maintenance bill – BBC News

Posted December 10th, 2024 in housing, landlord & tenant, leases, news, ombudsmen, repairs, reports, service charges by sally

‘Leaseholders living in a block of flats have reported their management company to the housing ombudsman in a dispute over maintenance costs.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Stalkers to be tagged on prison release in pilot – BBC News

Posted December 10th, 2024 in electronic monitoring, London, news, pilot schemes, release on licence, stalking by sally

‘More than 200 stalking offenders released from prison will be GPS tagged by March 2026 under a pilot scheme from the Mayor of London, Sadiq Khan.’

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BBC News, 10th December 2024

Source: www.bbc.co.uk

Ex-BBC journalist jailed for child sex offences – BBC News

Posted December 10th, 2024 in child abuse, guilty pleas, indecent photographs of children, news by sally

‘A former BBC journalist has been jailed for eight years for a string of child sexual abuse offences.’

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BBC News, 9th December 2024

Source: www.bbc.co.uk

Monk abused children for decades on Welsh island ‘in plain sight’, review says – The Guardian

Posted December 10th, 2024 in abuse of position of trust, child abuse, clergy, news, sexual offences, Wales by sally

‘A monk was able to abuse children for four decades on an island off the Welsh coast despite operating in “plain sight” and despite his victims’ repeated complaints, an independent review has concluded.’

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The Guardian, 9th December 2024

Source: www.theguardian.com

Abandon some jury trials or fund crisis-hit system, former chief justice says – The Guardian

Posted December 10th, 2024 in budgets, criminal justice, Crown Court, delay, juries, news by sally

‘Ministers should consider abandoning jury trials for some crown court cases unless they properly fund a justice system “in serious crisis”, the former lord chief justice has said.’

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The Guardian, 10th December 2024

Source: www.theguardian.com

Russian criminals helped UK drug gangs launder lockdown cash – BBC News

‘A multi-billion-dollar money laundering operation that formed when UK gangs were struggling to offload cash during lockdown has been uncovered by the National Crime Agency.’

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BBC News, 4th December 2024

Source: www.bbc.co.uk

Capacity in Sexual Relations: Court of Appeal Overturns Decision in ZX Case – 39 Essex Chambers

’39 Essex Chambers barristers Victoria Butler-Cole KC and Francesca Gardner acted for a client, ZX, by his litigation friend the Official Solicitor, in a successful appeal of a decision that ZX lacked capacity to engage in sexual relations.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

The Star of David on Church of England gravestones? – Law & Religion UK

‘In Re St Mary the Virgin Weston Turville [2024] ECC Oxf 8, Mrs Deborah Clark sought a faculty authorising the installation of a memorial commemorating her late husband, Joe. Though a Christian, he was of Jewish heritage, and Mrs Clarke wanted both a Star of David and a cross on his gravestone, explaining that “whilst Joe accepted Christianity, he was brought up with the Jewish Faith, and so I want to represent both Faiths on the headstone”. In doing so, she had the support of the Archdeacons of Buckingham and Oxford [5-7]. Her petition was unopposed; however, the former Chancellor of the Diocese of Norwich had recently ruled against allowing a Star of David on a memorial stone in that diocese.’

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Law & Religion UK, 4th December 2024

Source: lawandreligionuk.com

George Peretz: The Policy Exchange Paper on the Attorney General’s New Legal Risk Guidelines: Excited Adjectives, Unpersuasive Analysis – UK Constitutional Law Association

‘One of the best lessons I was given by my pupil supervisors in drafting written submissions was to go back and review the use of every adjective. As they pointed out, there is always a temptation in written advocacy to use excited adjectives, but the cumulative effect often makes the submission less, rather than more, persuasive.

That drafting advice is one that could usefully have been heeded by the authors of the recent paper by Policy Exchange (“PE”) attacking the new Legal Risk Guidelines for government lawyers published by the Attorney General, Lord Hermer KC (“the 2024 Guidelines”).’

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UK Constitutional Law Association, 4th December 2024

Source: ukconstitutionallaw.org

Anonymity orders: putting the genie back in the bottle? – Quarterly Medical Law Review

Posted December 5th, 2024 in anonymity, chambers articles, civil procedure rules, hospitals, negligence, news by sally

‘PMC -v- A Local Health Board [2024] EWHC 2969 (KB). Nicklin J provides guidance on when and how to seek orders for anonymity and/or reporting restrictions.’

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Quarterly Medical Law Review, 3rd December 2024

Source: 1corqmlr.com

High Court rejects the existence of a shareholder’s right to inspect privileged company documents: Aabar Holdings S.à.r.l. v Glencore Plc & Other – 4 New Square

Posted December 5th, 2024 in chambers articles, documents, news, privilege, shareholders by sally

‘In this article, 4 New Square’s Shail Patel KC and Ed Grigg consider the High Court’s recent decision in Aabar Holdings S.à.r.l. v Glencore Plc & Others [2024] EWHC 3046 (Comm), which considered the right of a company to assert privilege, in various circumstances, against its own shareholders.’

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4 New Square, 4th December 2024

Source: www.4newsquare.com

Housing case law update: November 2024 – Local Government Lawyer

‘Michael Owen, Sumi Begum and May Atkinson round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk