With great power… – St Ives Chambers

Posted December 19th, 2024 in care orders, chambers articles, children, families, family courts, news by sally

‘On 22 April 2014, the “Single” Family Court sprang into being. For those who did not practise in the predecessors, it is probably almost impossible to fathom that family justice was so clearly delineated into three separate courts, each with its own powers, approaches and, dare we say, own quirks. Indeed, prior to 2010, there were entirely separate procedural codes between the High Court/county court on the one hand and the Family Proceedings Court on the other. For those of us who have difficulty remembering one set of rules, having to remember two seemed a little unfair.’

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St Ives Chambers, November 2024

Source: d23mtoo6rceerw.cloudfront.net

Addressing Racial Disparity in the Youth Justice System – A Critical Analysis – Mountford Chambers

‘Fatima Jama examines the report by Revolving Doors which reviews good and promising local practices that aims to tackle ethnic disparity and minority over-representation in youth justice across England and Wales.’

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Mountford Chambers, 5th November 2024

Source: www.mountfordchambers.com

Article 2 Inquests: An Overview and Update – Landmark Chambers

Posted December 19th, 2024 in chambers articles, coroners, human rights, inquests, news by sally

‘In a recent Landmark Chambers Inquest Law webinar, Harriet Wakeman and Katharine Elliot reviewed the core principles of Article 2 of the European Convention on Human Rights (“the Convention”) and how it is applied in the area of inquest law, including reflecting on lessons to be learned from the latest case law. This blog builds on the content of that webinar with the aim of providing practitioners and members of the public with a more detailed overview of the topic.’

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Landmark Chambers, 29th November 2024

Source: www.landmarkchambers.co.uk

Housing disrepair and ADR following Churchill v Merthyr Tydfil County Borough Council (Law Society and others intervening) [2023] EWCA Civ 1416 – Park Square Barristers

Posted December 19th, 2024 in appeals, chambers articles, dispute resolution, housing, local government, news, repairs by sally

‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’

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Park Square Barristers, 17th December 2024

Source: www.parksquarebarristers.co.uk

Previous breaches of the Immigration Rules and the impact on entry clearance applications – EIN Blog

Posted December 19th, 2024 in families, government departments, immigration, married persons, news by sally

‘On 1 December 2020, the Immigration Rules were amended to introduce what are described as a “more robust and consistent framework” against which immigration applications are assessed or permission cancelled on suitability grounds.’

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EIN Blog, 18th December 2024

Source: www.ein.org.uk

Contribution Claims and the Third Parties (Rights Against Insurers) Act 2010 Riedweg v HCC and others [2024] EWHC 2805 (Ch) – Hailsham Chambers

‘When an insurer is sued by a claimant under the Third Parties (Rights Against Insurers) Act 2010, can that insurer bring a contribution claim against another person whom, the insurer claims, is also liable to the claimant for the same loss as was caused by the insurer’s insured? That was the question for the Court in Riedweg v HCC, the first reported decision on this important point.’

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Hailsham Chambers, 13th November 2024

Source: www.hailshamchambers.com

High Court refuses to strike out $2.625m debt claim – Henderson Chambers

Posted December 19th, 2024 in chambers articles, contracts, debts, news, striking out by sally

‘In Alphier Capital LLP v Blyvoor Gold Capital (Pty) Ltd [2024] EWHC 2649 (ChD), the High Court refused to strike out a claim brought by an assignee, notwithstanding a contractual bar on assignment. Instead, it allowed the addition of the original assignor who could pursue the claim at trial.’

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Henderson Chambers, 4th November 2024

Source: www.hendersonchambers.co.uk

Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

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Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

Scope of duty, “moral turpitude” and adverse inferences: Melia v Tamlyn and Son Limited – Hailsham Chambers

Posted December 19th, 2024 in chambers articles, evidence, expert witnesses, negligence, news, planning, surveyors by sally

‘The case of Melia v Tamlyn and Son Limited tackles several key issues in professional negligence, including the scope of duty post-MBS, approach to conflicts of evidence, and the significance of unlawful conduct.’

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Hailsham Chambers, 4th December 2024

Source: www.hailshamchambers.com

Young terrorism suspects could avoid prosecution in plan for diversion scheme – The Guardian

Posted December 19th, 2024 in criminal justice, government departments, news, terrorism, young offenders by sally

‘Young terrorism suspects could avoid prosecution if they agree to a diversion scheme, in a new government plan to cope with the post-lockdown surge in youngsters drawn to violent extremism.’

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The Guardian, 17th December 2024

Source: www.theguardian.com

Watchdog says police unprepared for scale of riots – BBC News

Posted December 19th, 2024 in immigration, murder, news, ombudsmen, police, public order, violent disorder by sally

‘Police were unprepared for the scale of disorder that broke out in part of the UK following the Southport knife attacks, a police watchdog has found.’

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BBC News, 19th December

Source: www.bbc.co.uk

Grenfell families complain to architect regulator – BBC News

Posted December 17th, 2024 in accidents, building law, construction industry, fire, housing, insolvency, negligence, news by sally

‘The families of three people who died in the Grenfell Tower fire are supporting a letter of complaint to a regulator about the architects involved in the block’s refurbishment.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

UK illegal content codes ‘fire starting gun’ for Online Safety Act compliance – OUT-LAW.com

Posted December 17th, 2024 in children, codes of practice, internet, news by sally

‘The outlining of new measures to address “illegal harms” “fires the starting gun” for service providers’ compliance with the UK’s Online Safety Act (OSA), experts have said.’

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OUT-LAW.com, 17th December 2024

Source: www.pinsentmasons.com

Care proceedings and recusal – Local Government Lawyer

Posted December 17th, 2024 in adoption, appeals, bias, care orders, families, family courts, judges, local government, news, recusal by sally

‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’

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Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Adherence to the Public Law Outline in London – issues for family lawyers – Local Government Lawyer

Posted December 17th, 2024 in delay, families, family courts, local government, London, news by sally

‘Rebecca Davies discusses the Family Presiding Judge for London, Mr Justice MacDonald’s new practice note and strategy aimed at reducing the huge backlog and delay in the London family courts and how family lawyers may be affected.’

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Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Little sign of slowdown in solicitor-client costs disputes – Legal Futures

Posted December 17th, 2024 in appeals, costs, dispute resolution, news, solicitors, statistics by sally

‘Few costs lawyers have seen a reduction in disputes between solicitors and their clients despite 2022’s Court of Appeal ruling in Belsner, their representative body has reported.’

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Legal Futures, 17th December 2024

Source: www.legalfutures.co.uk

Anurag Deb: The language of laws: Situating legislative drafting in its proper context – UK Constitutional Law Association

Posted December 16th, 2024 in bills, constitutional law, drafting, news by sally

‘One aspect of the recent debates surrounding the Terminally Ill Adults (End of Life) Bill moved by Kim Leadbeater MP was the criticism expressed of the Bill’s drafting – that is, the actual text of the Bill’s provisions as distinct from their underlying policy objectives or purposes. The concerns with this language were largely put to bed when it emerged that the Bill had been drafted by Dame Elizabeth Gardiner, the former First Parliamentary Counsel (FPC, the head of the Office of the Parliamentary Counsel – the legal drafters who draft Bills moved in the UK Parliament).

In this post, I want to challenge two ideas about how the language of a Bill emerges, not least because legislative drafting is a seldom discussed, and (with respect to those who have engaged with this issue in the context of the Leadbeater Bill) considerably underappreciated, aspect of how primary legislation is made at Westminster and its devolved counterparts.’

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UK Constitutional Law Association, 16th December 2024

Source: ukconstitutionallaw.org

Misuse of private information: Google and DeepMind Technologies – UK Human Rights Blog

‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private information against the respondents Google UK Limited (Google) and DeepMind Technologies Limited (DeepMind). The action was on behalf of Mr Prismall and a class of persons said to number approximately 1.6 million.’

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UK Human Rights Blog, 13th December 2024

Source: ukhumanrightsblog.com

Court of Protection Update – December 2024 – Local Government Lawyer

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Making FGM protection orders – Local Government Lawyer

Posted December 16th, 2024 in children, families, female genital mutilation, local government, news by sally

‘A High Court judge recently made some important observations on the making of FGM protection orders in the future. Adam Kayani examines the ruling.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk