Executory trusts: the scope for their creation (including within fundraising appeals) – Trust & Trustees

Posted July 11th, 2024 in news, trusts by sally

‘This article seeks to explain what is meant by an “executory trust”. It argues that widely cited case law, suggesting an executory trust is only valid if it includes a highly detailed explanation of the intended final trust, is inconsistent with the weight of authority overall and may be wrong. And it argues that fundraising appeal collections may often give rise to executory trusts. Accordingly, it is suggested that executory trusts—a topic only mentioned at all in about half of trusts textbooks—may be more practically significant than is usually thought.’

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Trusts & Trustees, 9th July 2024

Source: academic.oup.com

High court allows two UK universities to remove Gaza protest camps – The Guardian

‘Two universities in the UK have been permitted to clear student encampments from their campuses, after a judge said protesters had “no prospect” of showing that their human rights would be affected.’

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The Guardian, 10th July 2024

Source: www.theguardian.com

Home Office U-turn grants Wirral ‘legend’ right to live in UK after 46 years – The Guardian

Posted July 11th, 2024 in citizenship, deportation, government departments, immigration, news, visas by sally

‘A retired newsagent and “local legend” from Merseyside has said he feels marvellous after a Home Office U-turn granted him the right to live in the UK almost 50 years after he arrived.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Multiple homicide: a descriptive study of serial homicide and mass murder in England and Wales – The Journal of Forensic Psychiatry & Psychology

Posted July 11th, 2024 in homicide, mental health, murder, news, statistics by sally

‘Homicide involving multiple victims is relatively rare in England and Wales. When it does occur, mental illness is assumed to have played a significant role. However, reliable evidence to support this is often lacking. We aimed to describe the prevalence of multiple homicide and its subgroups: serial murder, mass murder and familicide and the presence of mental disorder. Data were obtained from the Home Office, HM Court Service, the Police National Computer and NHS Trusts. In England and Wales 470 killed multiple victims between 1997 and 2018. Most did not have evidence of mental health symptoms at the time of offence (85%) or a recorded history of mental disorder (69%). Mental disorder was also not found in most serial homicides (90%), mass murders (94%), or familicides (70%). A tenth of all multiple homicide perpetrators had been under the care of mental health services a year before the incident. This finding challenges commonly held views about mental disorders and the stigma that is perpetuated when multiple-victim homicides occur. Low prevalence and low levels of contact with mental health services make preventing multiple homicide difficult. Reducing violence across society by adopting a multi-agency public health approach is recommended.’

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The Journal of Forensic Psychiatry & Psychology, 5th July 2024

Source: www.tandfonline.com

Pupil barrister fined for f-word outbursts during online exam – Legal Futures

‘A pupil barrister has been fined £500 for a series of foul-mouthed outbursts at a remote invigilator during an online ethics exam, which ended with him raising his middle finger to the camera.’

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Legal Futures, 11th July 2024

Source: www.legalfutures.co.uk

Imprisonment for breach of injunctions: what is happening in the civil courts? – Legal Studies

Posted July 11th, 2024 in contempt of court, imprisonment, injunctions, news, sentencing by sally

‘Drawing on a dataset of 263 contempt of court decisions, this paper examines a widespread but under-interrogated phenomenon: imprisonment for breach of injunctions. Across a wide range of contexts – from cases involving anti-social behaviour, protest, Gypsy and Traveller communities – courts across the country are using their civil contempt of court powers to imprison individuals for breaching injunctions. As the first research to date that explicitly examines this issue, the paper falls into four parts. First, it introduces the powers to make an injunction; in section 2 the courts’ powers on committal are outlined. Section 3 introduces the dataset on which this paper is based. Finally, section 4 explores the geographical distribution of cases, sentencing decisions, and the representation of defendants in these proceedings. We identify significant disparities in the application and enforcement of injunctions, raising critical questions about legal practices, fairness and equality. We advocate for ongoing academic research in this area.’

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Legal Studies, 1st July 2024

Source: www.cambridge.org

Driving reform: Sir Geoffrey Vos MR – Counsel

Posted July 11th, 2024 in judges, news by sally

‘Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers.’

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Counsel, July 2024

Source: www.counselmagazine.co.uk

Law Commission launches consultation on Contempt of Court – Law Commission

Posted July 10th, 2024 in consultations, contempt of court, Law Commission, news by tracey

‘Today, the Law Commission publishes a consultation paper reviewing the law on contempt of court.’

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Law Commission, 9th July 2024

Source: lawcom.gov.uk

In depth: Manchester Ship Canal and the right to sue over untreated sewage discharges – Law Society’s Gazette

Posted July 10th, 2024 in appeals, damages, negligence, news, sewerage, Supreme Court, waste, water, water companies by tracey

‘The Supreme Court’s ruling that a canal owner can seek redress for unauthorised discharges of foul water by a sewage utility could open the floodgates to “thousands” of similar claims.’

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Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk

Court rejects ‘intrusive’ request in negligence claim – Law Society’s Gazette

Posted July 10th, 2024 in disclosure, law firms, negligence, news, solicitors, telecommunications by tracey

‘An “intrusive” request for an Irwin Mitchell partner’s personal phone has been rejected by a judge in disclosure talks ahead of a negligence claim.’

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Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk

Rogue trader ordered to repay victims £56,000 – BBC News

Posted July 10th, 2024 in confiscation, fraud, imprisonment, news, proceeds of crime, sentencing by tracey

‘A rogue trader who faked having a brain tumour to avoid justice has been ordered to pay his victims more than £56,000.’

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BBC News, 10th July 2024

Source: www.bbc.co.uk

Serial burglar jailed after high-value goods stolen – BBC News

Posted July 10th, 2024 in burglary, imprisonment, news, sentencing by tracey

‘A man who stole thousands of pounds worth of items from student properties has been jailed.’

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BBC News, 10th July 2024

Source: www.bbc.co.uk

Woman jailed for dropping drugs into prisons via drone – BBC News

Posted July 10th, 2024 in aircraft, drug offences, drug trafficking, imprisonment, news, prisons, sentencing by tracey

‘A woman has been jailed for her “pivotal role” in a gang that dropped more than £1m of drugs and contraband into UK prisons via drone.’

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BBC News, 9th July 2024

Source: www.bbc.co.uk

Man who slipped in puddle of Baileys on way to BA flight could get £4m – The Guardian

Posted July 10th, 2024 in accidents, airlines, compensation, news, personal injuries by tracey

‘A passenger who suffered a traumatic brain injury after slipping in a puddle of Baileys while heading for a flight could receive up to £4m in compensation.’

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The Guardian, 8th July 2024

Source: www.theguardian.com

UK warned over treating child asylum seekers crossing Channel in small boats as adults – The Independent

‘United Nations experts have warned Britain is at risk of breaching international law over allegations of child asylum seekers being placed in adult detention centres after crossing the Channel on small boats.’

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The Independent, 9th July 2024

Source: www.independent.co.uk

Man jailed over drunken 141mph crash that killed woman and baby – The Guardian

Posted July 10th, 2024 in children, drunk in charge, homicide, imprisonment, news, sentencing by tracey

‘A man who was almost three times over the drink-driving limit and going at 141mph when he crashed into a car, killing a baby and the baby’s aunt, has been jailed for more than 17 years.’

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The Guardian, 9th July 2024

Source: www.theguardian.com

US blocks UK from holding court hearing in British territory Diego Garcia -The Guardian

Posted July 10th, 2024 in asylum, courts, detention, immigration, news, refugees by tracey

‘The US government has blocked the UK from holding a court hearing in one of its own territories, it emerged on Tuesday.’

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The Guardian, 9th July 2024

Source: www.theguardian.com

Important Privy Council decision on standing in environmental cases – 39 Essex Chambers

‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’

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39 Essex Chambers, 9th July 2024

Source: www.39essex.com

Two Defendants and a Part 20 contribution claim in a clinical negligence case – a look at Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] EWHC 1360 (KB) – 12 King’s Bench Walk

‘Vanessa Cashman considers the judgment of the Part 20 claim brought by D2 against D1 for a contribution towards the claim it settled with C.’

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12 King's Bench Walk, 2nd July 2024

Source: clinicalnegligence.blog

Employment and personal injury case brought by trainee naval cadet struck out – 12 King’s Bench Walk

‘Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity House [2023] EWHC 3403 (KB), a claim for bullying and harassment that was struck out.’

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12 King's Bench Walk, 3rd July 2024

Source: pilawblog.com