Man “forced” to leave council house in Laindon hours after his partner of 10 years, lost her battle with cancer. Unfair, definitely.

A DAD whose fiancée died the day before they were due to get married claims he was “forced” to leave his council home hours after her death.

— Read on www.echo-news.co.uk/news/16197554.Man__forced__to_leave_council_house_hours_after_fiance_s_death/

Tough reading, a persoective: “Britain: The Empire that Never Was”

“Why Brexit is the culmination of a British national project which weaponises imperial amnesia and nostalgia. Brexit sold the country a dream; ostensibly a project built on anti-migrant sentiment, it also invoked delusions of grandeur, rooted in reanimating the glorious days of imperial rule and global British”

You can see where this is coming from, but read on:

criticallegalthinking.com/2017/10/31/britain-empire-never/

Employment tribunals face ‘months’ of delay, lawyers claim – good time to mediate

Employment Lawyers Associaiton writes to president of the employment tribunals over ‘intense strain’.
— Read on www.lawgazette.co.uk/law/employment-tribunals-face-months-of-delay-lawyers-claim-/5065834.article

The happy ending for this family does not help the thousands of other UK-born children whose pardon might not have British citizenship

Had the appeal been entertained, it would have determined whether children born in the UK but without British citizenship count as “persons from abroad” for the purposes of section 185 of the Housing Act 1996.
— Read on www.freemovement.org.uk/case-on-housing-rights-of-uk-born-children-dismissed-as-academic/

Mediation is key to avoiding the blame games that leads to futile and costly court battles

The Guardian today reports that lack of no-fault divorce in England and Wales is forcing separating couples into unnecessary and unsuccessful courtroom battles to establish who caused the breakdown, according to a report by the Nuffield Foundation.

In my experience as a mediator, this is very true but not just for couples divorcing but for a whole range of commercial and employment disputes, customer complaints and grievances – they are often settled by mediation or it that fails, by binding arbitration. Further more, the cost saving is enormous.

Nuffield Foundation says outdated law needs a no-fault divorce option
— Read on amp.theguardian.com/lifeandstyle/2018/apr/26/divorce-blame-game-leads-to-futile-court-battles-new-study-finds

Good news for those appealing conviction arising from the Magistrates’ Court

The Judicial Appointments Commission (JAC) have worked very hard: 133 new Recorders being appointed & taking office with effect from 4 April 2018. “It is anticipated that more appointments will be announced in the coming months.”

Why is this significant?

Recorders often sit with two Magistrates listening to appeals from the lower court (Magistrates’ Court). Whilst the actual number of appeals from the the Magistrates’ Court is not huge, the impact on the lives of those involved can be enormous. So more Recorders will enable Crown Courts to hear more appeals in less time thereby lessoning the impact on everyone.

Another significant benefit of more Recorders is that, if like me, your memory of events becomes less certain over time. When the delay between incident and court appearance is reduced, more confidence can be placed on the evidence.

Another factor is that the salaried Judiciary hear more complex and longer trials. The duration of those trials can be increased suddenly. Add to that personal emergencies, deaths, holidays, and too few Judges working these longer trials, organising availability (listing) is very difficult and cases may be switched or delayed because there are not enough Judges available. More Recorders means listing will become easier and justice quicker.

Information about the Courts and Tribunals Judiciary of England and Wales. Read the latest judgments, news and speeches.
— Read on www.judiciary.gov.uk/announcements/recorder-appointments-2/

The Probate Service is now accepting online applications (no more need for intermediaries)

The Probate Service is now accepting online applications from personal applicants based on the criteria below:

1 applications where up to 4 executors are applying

2 there is an original will available even if the person who died made up to 4 changes to that will (these changes are known as codicils)

3 the person who has died classed England and Wales as their permanent home or intended to return to England and Wales to live permanently.

The online application form will continue to be developed to cover a broader range of probate applications in the future.

What the new online application provides

The new online application form includes:

• a new statement of truth for you to declare that the information provided is correct, which removes the need for you to swear an oath in person

• the function to pay the fee online removing the need to post a cheque to the Probate Service

• a ‘save and return’ function allows you to save and revisit an application if you need to find further information. This allows a part finished application to be saved and completed later.

What is required in order to submit an online application?

The online application form is easier to understand but you will still be required to provide supporting documents as per the current process. These are:

• the original will and two photocopies

• an official copy of the death certificate

• the associated inheritance tax forms and figures

• any other supporting documents relevant to the case (e.g. a renunciation form)

We are looking to enhance this in the future, potentially through links with other departments to gather this information automatically as part of the process.

If you meet the criteria and would like to apply online please contact the HMRC helpline who can provide you with the details.

Telephone: 0300 123 1072

Outside UK: +44 300 123 1072

Opening times:

Monday to Friday: 9am to 5pm

Closed weekends and bank holidays.

Source: https://www.gov.uk/government/organisations/hm-revenue-customs/contact/probate-and-inheritance-tax-enquiries

Confidentiality and the grievance procedure explored

There is no such thing as a typical grievance – each one’s different and this means that it’s far more difficult for employers to make plans in advance. However, there are underlying themes to any grievance and one of the most important is confidentiality. Grievance procedures involve matters that, whilst relatively ro
— Read on www.rradar.com/blog/confidentiality-and-the-grievance-procedure

Appeal against the refusal on the part of the ET to grant a witness order. Appeal allowed.

The Claimant claimed that the reason for his dismissal was not, as the Respondent said, because his performance was unsatisfactory, but because of the racial dislike of the Claimant on the part of his line manager. The line manager no longer worked for the Respondent but had been in communication with them concerning his part in the case. He then ceased to communicate and 7 days before the hearing the Respondent applied for a witness order which the ET refused. The reasons given were 1) the application was made too close to the hearing when it could have been made earlier; 2) the witness had not being given advance warning; and 3) insufficient effort had been made to secure his attendance without a witness order. The Respondent appealed.

The EAT allowed the appeal. There was no indication that the ET has considered the relevance of the proposed evidence.

Remploy Ltd v Lowen-Bulger UKEAT/0027/18/RN
— Read on www.employmentcasesupdate.co.uk/site.aspx

Potentially defective divorce petitions/decrees (and a note on the future of online divorce)

Information about the Courts and Tribunals Judiciary of England and Wales. Read the latest judgments, news and speeches.
— Read on www.judiciary.gov.uk/publications/defective-divorce-petitions-decrees/

“Children don’t appreciate they are in court, not on a computer game” | Penelope Gibbs | LinkedIn

“Children don’t appreciate they are in court, not on a computer game” | Penelope Gibbs | LinkedIn
— Read on www.linkedin.com/pulse/children-dont-appreciate-court-computer-game-penelope-gibbs/

Man who lost job over immigration status has right to be in UK confirmed | UK news | The Guardian

Case of Michael Braithwaite, who has lived in UK since 1961, was expedited after media exposure
— Read on amp.theguardian.com/uk-news/2018/apr/18/michael-braithwaite-man-who-lost-job-over-immigration-status-has-right-to-be-in-uk-confirmed

Systemic Violence and the ‘Wanted Unwanted’: Migrant Workers in the Urban Night – The Enquire Blog

Systemic Violence and the ‘Wanted Unwanted’: Migrant Workers in the Urban Night – The Enquire Blog
— Read on blogs.nottingham.ac.uk/enquire/2018/04/17/systemic-violence-wanted-unwanted-migrant-workers-urban-night/

In Defence of the Lay Bench. – MINTED LAW

“You. Yes You. Don’t drink from that. This is not a Public House”. It was a London District Judge at Bexley. (A DJ – a professional not a lay magistrate). Startled I looked around to find the beer swilling/cider drinking miscreant. But there was none to find. I suddenly realised that the offender…
— Read on mintedlaw.wordpress.com/2018/04/11/in-defence-of-the-lay-bench/

Tell us why you think young people in Britain are so unhappy | Society | The Guardian. Get it off your chest…..

With research saying that the happiness of young Brits has never been lower we’d like to hear what you think
— Read on www.theguardian.com/society/2018/apr/06/tell-us-why-you-think-young-people-in-britain-are-so-unhappy

Poorest priced out of justice by legal aid rules, says Law Society | UK news | The Guardian

Study finds low-income families cannot afford representation due to freeze in means test threshold
— Read on amp.theguardian.com/uk-news/2018/mar/20/poorest-priced-out-of-justice-by-legal-aid-rules-says-law-society

Exempt kinship care households from the 2 child restriction on child tax credit – Petitions

There are around 200,000 children being raised by kinship carers across the UK. Kinship carers are grandparents, older siblings and other relatives and friends who step in to care for children, many of whom would otherwise be in the care system.

Exempt kinship care households from the 2 child restriction on child tax credit – Petitions
— Read on petition.parliament.uk/petitions/202019

These are the therapist behaviours that are helpful or harmful, according to clients – Research Digest

These are the therapist behaviours that are helpful or harmful, according to clients – Research Digest
— Read on digest.bps.org.uk/2017/11/23/these-are-the-therapist-behaviours-that-are-helpful-or-harmful-according-to-their-clients/amp/

Be careful what you say when shouting and swearing at an employee: it can a manager into allegations of harassment.

Paralegal subjected to f-word tirades by senior partner wins harassment claims – Legal Futures
— Read on www.legalfutures.co.uk/latest-news/paralegal-subjected-f-word-tirades-senior-partner-wins-harassment-claims

Seneca on Overcoming Grief, Facing Death, and The True Nature of Life

The Consolatio is a broad literary genre encompassing various forms of consolatory speeches, essays, poems, and personal letters which was very popular in antiquity and its origins date back to the…
— Read on medium.com/@MustaphaItani/seneca-on-overcoming-grief-facing-death-and-the-true-nature-of-life-1bb2ad495b57

Myths in psychology

In a sense we’re all amateur psychologists

Some of us are in positions where we can litter our interventions with a knowledge of behaviour that propagates change in others – but what if that knowledge is rebuttable or wrong!

In this blog experts debunk some of the myths surrounding psychology – read it with care, use it wisely.

https://digest.bps.org.uk/2016/07/29/10-of-the-most-widely-believed-myths-in-psychology/amp/