Legal In General
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Miscellaneous stories about the world of law
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'If it ain't broke, don't fix it!', joint committee tells Human Rights Act review | News

'If it ain't broke, don't fix it!', joint committee tells Human Rights Act review | News | Legal In General | Scoop.it
Joint Committee on Human Rights says evidence confirms the legislation works well.
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The observer’s dilemma: does negotiating access with power and parties – Bath Publishing Limited

The observer’s dilemma: does negotiating access with power and parties – Bath Publishing Limited | Legal In General | Scoop.it
A panel of leading lawyers, journalists and campaigners discuss whether an observer can maintain their independence throughout the proceedings when they must negotiate access with both parties and judiciary.
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ICLR - Pupillage Award 2021

Instructions To apply for the ICLR Pupillage Award, please download and complete the PDF application form. Download Pupillage Application Form You will need to use Adobe Acrobat Reader to enter your information directly in to the PDF form. Once all your information has been entered to the PDF, save the file and attach it with your application submission below.
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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’).
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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…...
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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.
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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.
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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...
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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
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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.
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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.
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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
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Capabilities, Capacity and Consent: Sexual Intimacy in the Court of Protection

Capabilities, Capacity and Consent: Sexual Intimacy in the Court of Protection | Legal In General | Scoop.it
Photo by Sinitta Leunen Dr. Jaime Lindsey, Lecturer in Law at the University of Essex has a new article published in the Journal of Law and Society. The article is entitled 'Capabilities, capacity, and consent: sexualintimacy in the Court of Protection' and is co-authored with Professor Rosie...
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An Introduction to Financial Abuse and Coercive Control | News and Events

An Introduction to Financial Abuse and Coercive Control | News and Events | Legal In General | Scoop.it
Join us for an evening of discussion on Financial Abuse supporting Surviving Economic Abuse (SEA)..
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Weekly Notes: legal news from , 1 March 2021

Weekly Notes: legal news from , 1 March 2021 | Legal In General | Scoop.it
This week’s roundup of legal news and commentary includes legislation, regulation, immigration and memorialisation. Plus: the ICLR pupillage award. ...Continue reading...
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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…...
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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'"...
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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.…...
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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
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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.
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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...
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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…...
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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.
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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.
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