Magistrates had wrongly concluded that lack of service of a non-molestation order (NMO) meant an offence under s42A Family Law Act 1996 could not be made out. The NMO in question was made in November 2023, prohibiting R from being present between 0730 and 1630 at a road on which a named child’s school was …
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A Hadkinson order prevents a party from continuing in litigation until they have complied with its terms. Unlike an unless order, no application for relief from sanctions would have to be made upon satisfaction of an LSPO. In this case, a financial remedies ruling in November 2023 turned out to be just another step in …
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Two new sentencing guidelines are now in force for offences of blackmail, kidnap and false imprisonment. The guidelines came into effect on 1 April 2025 and concern: blackmail under s21 Theft Act which is triable only on indictment and carries a maximum custodial sentence of 14 years; and kidnap/false imprisonment at common law, also triable …
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The CA has heard an appeal concerned with whether a boundary agreement binds successors in title and whether, if it is capable of doing so, it only binds them if they have knowledge of the agreement. The case involved a dispute regarding a boundary agreement between two properties, Willow Cottage and The Old Stores. In …
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One of the most talked about cases of recent times could be included in a number of sections of this edition, but as the implications of the SC’s decision on the definition of a woman for the purposes of the Equality Act 2010 has particular relevance for employers, their policies, procedures and advisers, this seems …
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Just a reminder to firms that the CLC reported in 2024 on changes to payments systems designed to help tackle fraud. Purpose Codes are four letter codes which are carried across the payment chain, providing information to all users in the payments chain to indicate the reason a payment is being made. Firms are reminded …
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The EHRC has swiftly issued some interim guidance on the practical implications of the above SC case. Their key information is as follows: ‘The Supreme Court ruled that in the Equality Act 2010 (the Act), “sex” means biological sex. This means that, under the Act: A “woman” is a biological woman or girl (a person …
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The ICO has fined a firm £60,000 following a cyber-attack. What is interesting is that the firm in question specialises in law relating to crime, military, family fraud, sexual offences, and actions against the police. The ICO found that the firm had failed to put appropriate measures in place to ensure the security of personal …
The EAT has heard an appeal against the dismissal of the claimant’s claim of disability discrimination. The case summary is as follows: ‘Disability discrimination The claimant in the employment tribunal complained of unfair dismissal and disability discrimination in respect of her dismissal, following a disciplinary process, in 2021. At a preliminary hearing the tribunal determined …
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The LSAG advisory note is required reading for all practitioners to whom the AML regime is relevant; note that it includes some very useful guidance on alternatives to face to face documentary verification. It states that: ‘Such methods may include (but are not limited to): Digital ID&V services that meet the requirements of the MLRs …
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