Legal In General
16.8K views | +2 today
Follow
 
Scooped by Jacqui Gilliatt
onto Legal In General
Scoop.it!

Incapacity cannot be deduced from isolated incidents of eccentric reasoning

Incapacity cannot be deduced from isolated incidents of eccentric reasoning | Legal In General | Scoop.it
The Court of Protection decision in Heart of England NHS Foundation Trust and JB 2014 http://www.bailii.org/ew/cases/EWHC/COP/2014/342.html In this case, the Court of Protection, in the form of Mr Justice Peter Jackson, was faced with an...
No comment yet.
Legal In General
Miscellaneous stories about the world of law
Your new post is loading...
Your new post is loading...
Scooped by Jacqui Gilliatt
Scoop.it!

Weekly Notes: legal news from ICLR, 22 February 2021 | by The ICLR | Feb, 2021

Weekly Notes: legal news from ICLR, 22 February 2021 | by The ICLR | Feb, 2021 | Legal In General | Scoop.it
The Clink Kitchens training programme, which has been effective in cutting reoffending by over 30%, is to be extended to up to 70 prisons, the government has announced: The Clink’s training scheme…...
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Two journalism undergraduates observe a Court of Protection hearing –

Two journalism undergraduates observe a Court of Protection hearing – | Legal In General | Scoop.it
"It wasn’t combative like you see on the TV.Instead there was a very clear statement from the judge that these were civil proceedings and were very different from a criminal case – there was no ‘prosecution’ and it should not be seen as 'a fight'"...
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND… –

THE RULES ARE BACK IN TOWN: ASKING WHERE THEY COULD BE FOUND… – | Legal In General | Scoop.it
After some, shall we say “adverse”, comments on the way that the Civil Procedure Rules are presented on the government website the “old” site has has been given a reprieve.…...
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Family Law Week: Reforms to laws around intimate image abuse proposed to better protect victims

Home > News Reforms to laws around intimate image abuse proposed to better protect victims Law Commission consults on proposals Proposals to improve protections for victims whose intimate images are taken or shared without their consent have been published by the Law Commission of England and Wales. The proposals include: An expansion of the types of behaviours outlawed by existing criminal laws on taking and sharing intimate images without consent to include 'downblousing' and sharing altered intimate images, such as deepfakes. Criminalising threats to share intimate images (including other forms of 'sextortion'). Automatic anonymity for all victims of intimate image abuse. A new framework of offences better focused on this form of criminal conduct and the harm it causes. The non-consensual taking and sharing of intimate images can have a significant and long-lasting impact on victims. The harms they experience are serious and significant. These can include psychological harm such as anxiety, depression and post-traumatic stress disorder (PTSD), worsening physical health and financial harm either through time off work or through withdrawing from online spaces which reduces access to networking opportunities. In some cases, there have been reports of attempted suicide and self-harm. However, the law has not kept up with this behaviour, resulting in significant gaps that have left victims unprotected. These gaps include: Inconsistency over what type of intimate images are covered. For example, upskirting is currently a criminal offence but downblousing is not. Sharing an altered image – usually involving adding someone's head to a pornographic image is also not covered. Not all motivations for non-consensually taking or sharing an image are covered by current laws. Whilst motivations such as sexual gratification and causing distress are covered (although not consistently), other motivations such as sharing the images as a joke or to coerce an individual are not covered at all. Threats to share are not adequately covered, especially when a threat was made to humiliate, coerce, control or distress an individual. The Law Commission's proposals, which are now being consulted on, aim to ensure that victims are adequately protected from a range of behaviours related to non-consensual taking and sharing of intimate images. The provisional proposals include a new framework of four offences which would cover a broader range of behaviours and motivations. The Law Commission believes a new framework of offences is needed to cover the behaviours identified in the Consultation Paper. The proposed framework would provide a more unified and structured approach, providing victims with better protection and ensuring that appropriate orders are available to the courts when dealing with these offences. The Law Commission is consulting on these proposals and wants to hear from a range of stakeholders including victims, experts and lawyers. The consultation period will close on 27 May 2021, following which, the Law Commission will use the responses to help develop final recommendations for reform. To find out more about the project, to read a summary or to read the full report, click here. 26/2/21
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Whats on Your Head? - Series 1: 6. Barrister

Whats on Your Head? - Series 1: 6. Barrister | Legal In General | Scoop.it
Alexandra tells us why she loves wearing her brilliant barrister’s wig.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Book review: The Secret Magistrate

Book review: The Secret Magistrate | Legal In General | Scoop.it
We review the anonymous author's inside view of the magistracy. ...Continue reading...
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Weekly Notes: legal news from ICLR, 15 February 2021 | by The ICLR | Weekly Notes | Legal News from ICLR | Feb, 2021

Weekly Notes: legal news from ICLR, 15 February 2021 | by The ICLR | Weekly Notes | Legal News from ICLR | Feb, 2021 | Legal In General | Scoop.it
Over five million applications have now been made to the EU Settlement Scheme, according to the latest Home Office figures.The scheme only remains open for another four and a bit months, till 30…...
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

The increase in financial abuse of the elderly: what, why, how?

The increase in financial abuse of the elderly: what, why, how? | Legal In General | Scoop.it
There are numerous well known charities that champion the fight against elder abuse and there has recently been an increase in action groups campaigning for harsher sentences for perpetrators.  Action on Elder Abuse is a registered charity which aims to end the abuse and exploitation of elderly people and is running a petition to be presented to the Government calling for new legislation categorising elder abuse as a hate crime.  However, interestingly His Honour Judge Denzil Lush, a trustee of the charity, author and former senior Court of Protection judge refuses to support the campaign to classify elder abuse as a hate crime.  To be considered a hate crime an offence must meet various specific criterion. These include but are not limited to; the act constituting a criminal offence; the act being motivated by hatred or bias; the act having some impact upon both the victim and/or their wider community. His Honour Judge Denzil Lush does not agree that elder abuse meets the criteria in most cases.  He suggests that a significant proportion of offences are of a financial nature rather than offences against the person and are motivated by greed rather than hate. Offenders are almost exclusively friends or family of the victim meaning that the victim is unlikely to press charges or want to see their loved ones subjected to any custodial sentence, let alone an enhanced one.  Further, within his own article “Should elder abuse become a hate crime?” His Honour Judge Denzil Lush suggests that not all cases of financial abuse of elderly people can realistically be regarded as criminal activity, with much of it being “opportunistic, unethical conduct … caused by “incompetence, wilful ignorance of the law, bitter intra-family disputes, personal financial pressures or an entrenched sense of entitlement to acquire their parents’ assets”. A common scenario in financial elder abuse cases is the ruthless attorney appointed under a Lasting Power of Attorney (“LPA”) helping himself to the donor’s hard earned savings where the victim suffers from a form of cognitive impairment, and is often oblivious to the crime.   This means that the harm done has little or no impact on the victim and certainly no obvious lasting effect on the elderly population generally, or on wider society as a whole. His Honour Judge Denzil Lush is of the view that there are more subtle and sophisticated ways of dealing justly with cases of this kind. NHS England and other organisations are trying to tackle the issue from a preventive, rather than cure, perspective.  They suggest that if our current middle aged/younger population focus now on health, general wellbeing and work/life balance, they will enjoy greater wealth, security, confidence, health and stronger support networks in their advanced years which should ultimately make them less vulnerable to opportunistic abuse.  They are also encouraging local authorities to work on creating stronger communities to develop better relationships of support across the generations. Accordingly they are calling for more social housing for the elderly and improved training for carers.  All of these measures are aimed at reducing isolation of the elderly and could therefore have a significant impact in the long term. So, what do you do if you want to prevent the financial abuse of your elderly loved one, or even safeguard your own future?  If the person in question has capacity, then the obvious answer would be to make an LPA. These are relatively quick, easy and cost effective to do.  Whilst there are some concerns surrounding the adequacy of safeguarding provisions within the system, most financial planning experts still generally support their use.  Alternatively you could set up a trust, with or without a life benefit reserved for yourself, and appoint your own trustees.  The similar potential ‘weakness’ in both instances is that they rely to a large degree on a relationship of trust which is, by its very nature subjective and open to abuse. Clearly there is no quick or easy solution to what is a growing nationwide social problem and it will be interesting to see what recommendations the Law Commission report makes, and whether this results in any legislative change.  Undoubtedly a criminal conviction, by whatever means, would assist significantly in bringing a civil law suit.  Hopefully, whether elder abuse is classified as a hate crime or not, the outcome of these ongoing investigations and mounting public pressure will result in better safeguarding for future older generations.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Clare Ciborowska comments on the Domestic Violence Bill in the Independent - 1 Crown Office Row, Brighton, Barrister Chambers

Clare Ciborowska comments on the Domestic Violence Bill in the Independent - 1 Crown Office Row, Brighton, Barrister Chambers | Legal In General | Scoop.it
In a recent article by Natasha Phillips on the Independent, Clare Ciborowska comments on the Domestic Violence Bill as part of a wider look at the rise of domestic violence during the pandemic. She offers legal insight based on her extensive experience in this area of family law.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Covid vaccination in the Court of Protection –

Covid vaccination in the Court of Protection – | Legal In General | Scoop.it
By Bonnie Venter, Monday 15th February 2021 As an academic researching and teaching Medical Law, I easily find myself reducing the law to nothing more than paper. I’m constantly surrounded by an array of textbooks and piles of academic articles scattered across a desk.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

How does a jointly held property pass on death?

How does a jointly held property pass on death? | Legal In General | Scoop.it
Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk. Spotlight A day in the life Of... Read on How does a jointly held property pass on death? Date:11 FEB 2021 When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with properties held as joint tenants, both parties own the “whole” of the property. On the death of the first joint tenant, the property will pass automatically to the surviving joint tenant, regardless of the terms of the deceased joint tenant’s Will or the intestacy rules. In contrast, with properties held as tenants in common, both parties own a distinct “share” in the property – this can be 50-50 or any other split, which would usually be recorded in a Declaration of Trust.  On the death of the first tenant in common, his or her share in the property will pass in accordance with his or her Will or intestacy. This gives some scope for Inheritance Tax planning. It is possible to check how a property is owned at the Land Registry, for a small fee. It is also possible to change how your property is held, if you wish.  Article continues below... Financial Remedies Handbook Formerly entitled the Ancillary Relief Handbook... £91.99 View product Jackson's Matrimonial Finance Tenth Edition Jackson's Matrimonial Finance is an authoritative... £289.99 View product Family Law Webinars One hour of training for just £75+VAT. Our 2019... View product There are a number of estate planning opportunities, as well as practical matters, to consider when it comes to deciding how your property should be held and in putting that into effect. For example, a property held as joint tenants which passes automatically to the surviving spouse on the first death, will be exempt from Inheritance Tax as spouse exemption will apply. It will also pass without the need for a Grant of Probate. A property held as tenants in common may, of course, still pass to the surviving spouse on the first death, if the deceased spouse left his or her share of the property to the surviving spouse in his or her Will, in which case spouse exemption would still apply. However, Wills could be drawn so that on the death of the first spouse to die, he or she leaves his or her share (or a percentage of it) to a trust for the benefit of the surviving spouse for the rest of his or her lifetime (in which case spouse exemption may still apply depending on the terms of the trust) or to another individual(s), either outright or into a trust.  There may be many potential benefits of doing this such as keeping value out of the surviving spouses estate to reduce the Inheritance Tax liability on his or her death, to keep the value of the estates such that the residence nil rate band can be claimed and in providing certainty as to where the share passes after the surviving spouses death. There are many other factors to consider when it comes to how best to leave property on death and the above matters should be explored as part of a wider discussion about tax and estate planning as a whole. Categories: Articles
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Family Law Week: Legal Services Board data demonstrate fluctuating demand for family law services during pandemic

Home > News Legal Services Board data demonstrate fluctuating demand for family law services during pandemic Since June 2020, the Legal Services Board (LSB) has been tracking multiple data sources to provide the clearest picture it can of the impact of Covid-19 on legal services. Its Covid-19 research dashboard indicates the effect on demand for different legal services and the health of the market in England and Wales. Recent updates to the dashboard include additional indicators relating to divorce applications and referrals to the National Centre for Domestic Violence. Divorce applications received by HM Courts & Tribunals Service in November 2020 increased by 16 per cent to 11,700 compared to 10,000 in November 2019. However, there were significant fluctuations within the 12 months. Between April 2020 and July 2020 applications increased by 93 per cent but dipped in August 2020 to below 2019 levels. This summer peak may indicate a reluctance to issue proceedings during the first national lockdown with a subsequent spike showing that pent-up need. Applications increased again by 46 per cent between August and October 2020. Referrals to the National Centre for Domestic Violence increased by 13 per cent to 7,500 in December 2020 compared to 6,700 in December 2019. However, there were significant fluctuations within the 12 months. There was a 23 per cent increase between April 2020 and July 2020, followed by a downward trend between August and November 2020. To view the LSB's Covid-19 research dashboard, click here. 14/2/21
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Court of Protection

Court of Protection | Legal In General | Scoop.it
Coronavirus (COVID-19) judicial advice and guidance We make decisions on financial or welfare matters for people who can’t make decisions at the time they need to be made (they ‘lack mental capacity’).
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness –

How long can you wait to allow the family to gather around the bedside? The agonisingly fine line between best interests and clinical appropriateness – | Legal In General | Scoop.it
In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version of a dilemma that presents itself frequently in clinical settings, although rarely…...
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Disabled people nearly three times as likely to experience domestic abuse as non-disabled, study finds

Disabled people nearly three times as likely to experience domestic abuse as non-disabled, study finds | Legal In General | Scoop.it
Disabled people were nearly three times more likely to have experienced domestic abuse last year than non-disabled people, Office for National Statistics data shows.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Black lawyer was told ‘people like you don’t become barristers’

Black lawyer was told ‘people like you don’t become barristers’ | Legal In General | Scoop.it
Figures show around 3.2% of members of the bar are from black and ethnic backgrounds.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Jane Monckton Smith: ‘Domestic abuse isn't a row. It's when one person has become a threat to another’ | Domestic violence | The Guardian

Jane Monckton Smith: ‘Domestic abuse isn't a row. It's when one person has become a threat to another’ | Domestic violence | The Guardian | Legal In General | Scoop.it
The author and professor of public protection on the red flags of coercive control and how courts should change to give abuse victims an equal voice...
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Family Law Week: Domestic abuse in Wales and Covid-19

Home > News Domestic abuse in Wales and Covid-19 A survey is now open for people who live or work in Wales and have witnessed domestic abuse or its warning signs during the Covid-19 pandemic. The survey forms part of domestic abuse research being delivered by The Wales Violence Prevention Unit and University of Exeter, investigating the experiences and behaviours of those who witness or have concerns about domestic violence and abuse and its warning signs during Covid-19. The research team is asking members of the Welsh public to share anonymously their experience of witnessing or having concerns about domestic abuse during the pandemic, so bystanders can be equipped with the right knowledge, skills and training necessary to safely intervene and help more people in the future. Since lockdown measures came into force early in 2020, there have been stark warnings from global leaders about the risk of a "shadow pandemic" of abuse taking place inside people's homes. In Wales, there has been a 41 per cent increase in the number of contacts made to the Live Fear Free helpline since April 2020. As much of the population continues to observe the "stay home" guidance, there are fewer opportunities for survivors to seek support and for bystanders, such as concerned family, friends, volunteers and colleagues, to intervene. However, with many people now conducting much of their daily life from inside their homes, there are new opportunities for different groups of people, including neighbours, colleagues in virtual meetings and delivery drivers, to spot the warning signs of abuse and take safe action. To participate in the survey, click here. 21/2/21
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Be careful what you wish for

Be careful what you wish for | Legal In General | Scoop.it
The second instalment of my blog on Liberty Protection Safeguards (LPS), from an advocacy service managers perspective. Covering the changes from the first published factsheet.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Talking Law with Sally Penni

Talking Law with Sally Penni | Legal In General | Scoop.it
Presented by multi-award winning barrister Sally Penni, Talking Law profiles leading figures in UK law as they discuss the highs and lows of their career plus the challenges and realities of the legal profession.
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

News Essentials: 13th February 2021

News Essentials: 13th February 2021 | Legal In General | Scoop.it
A brief summary of the essential family law news and cases from the last week:  NEWS Council secures injunction against man wh
No comment yet.
Scooped by Jacqui Gilliatt
Scoop.it!

Family Law Week: Family Division’s Transparency Review: Update

Home > News Family Division’s Transparency Review: Update The final publication of the Family Division's Transparency Review is now expected to be in Summer 2021. In May 2019, the President of the Family Division, Sir Andrew McFarlane, announced he would undertake a review of the current arrangements for media/public access and reporting in the Family Courts (known as the Transparency Review). Courts have continued to operate despite the challenges of the pandemic, but there have been unavoidable delays to the timetable Sir Andrew had envisaged when he launched the Review. A panel helping the President has recently been extended to include a senior family division judge. The panel's aim is to gather full and candid information for the Review. The panel members are: Mrs Justice Nathalie Lieven (Family Division High Court judge) Dr Eia Asen (consultant child and adolescent psychiatrist) Anthony Douglas CBE (former chief executive of CAFCASS) Clare Dyer (former Legal Editor of The Guardian) Nicola Shaw CBE (Executive Director of National Grid) The President is grateful to all those who contributed to the Transparency Review call for evidence. In all, more than 100 submissions were received from individuals and agencies drawn from across the world of family justice. The President and panel have now been able to meet remotely to review all submissions and consider from whom to hear oral evidence. Three oral evidence sessions are being held. The first was held on 2 February 2021. It included four participants, and was conducted remotely and according to witness preference (including reasonable adjustments). The panel heard from: HH Clifford Bellamy – Retired Judge & author of The "Secret" Family Court: Fact or Fiction? Judge Bellamy gave a presentation (for which, click here). Dr Carol Coulter – Director of Child Care Law Reporting Project, Republic of Ireland (for which, click here). More information is available on the Child Law Project website. Lisa Harker – Director of the Nuffield Family Justice Observatory. Professor Celia Kitzinger – Co-founder of the Open Justice Court of Protection Project. The next oral sessions will take place on Monday, 8 March and Monday, 17 May. Invitations for them will be sent out shortly. These sessions will involve a range of respondents, and the logistics including formal invitations and methodology for each participant group are being finalised. In each case, provisions will be made to make the content of the sessions available either at the time or later if there are sensitivities or preferences defined by the respondent. 14/2/21
No comment yet.