Christmas Break

Posted December 19th, 2014 in news by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 19th December. We will resume posting on 5th January 2014.

We would like to thank all our readers for their continued support, and we would be very grateful if you could complete this very brief survey.
https://www.surveymonkey.com/s/WTS6PRJ

Happy Christmas!
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Government to create new domestic abuse offence – Home Office

Posted December 19th, 2014 in news by sally

‘Home Secretary sets out new law to criminalise coercive and controlling behaviour.’

Full story

Home Office, 18th December 2014

Source: www.gov.uk/home-office

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Charities in front seat of new reoffending drive – Ministry of Justice

Posted December 19th, 2014 in news by sally

‘The government fired the starting gun today [18 December] on making key reforms to the way ex-offenders are looked after in the community, in an effort to tackle stubbornly high reoffending rates in England and Wales.’

Full story

Ministry of Justice, 18th December 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Moohan and another (Appellant) v The Lord Advocate (Respondent) – Supreme Court

Posted December 19th, 2014 in law reports by sally

Moohan and another (Appellant) v The Lord Advocate (Respondent) [2014] UKSC 67 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) – Supreme Court

Posted December 19th, 2014 in law reports by sally

Greater Glasgow Health Board (Appellant) v Doogan and another (Respondents) (Scotland) [2014] UKSC 68 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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Gemma Simpson death: Martin Bell jailed for 11 years – BBC News

Posted December 19th, 2014 in news by sally

‘A killer who bludgeoned and stabbed a woman to death, then kept the location of her remains secret for 14 years, has been jailed.’

Full story

BBC News, 19th December 2014

Source: www.bbc.co.uk

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“Good news” for employers as High Court rejects second tribunal fee judicial review – OUT-LAW.com

Posted December 19th, 2014 in news by sally

‘The High Court has dismissed a second judicial review application by the trade union UNISON against the recent introduction of employment tribunal fees. Lord Justice Elias said that the union had not been able to provide evidence of “any actual instances” of individuals that had been prevented from making a claim by the introduction of fees.’

Full story

OUT-LAW.com, 18th December 2014

Source: www.out-law.com

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High Court: barrister has arguable discrimination claim against BSB – Legal Futures

Posted December 19th, 2014 in news by sally

‘A black barrister had an arguable case that she was indirectly discriminated against by the Bar Standards Board (BSB) through its disciplinary procedures, the High Court ruled yesterday.’

Full story

Legal Futures, 19th December 2014

Source: www.legalfutures.co.uk

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Employment Tribunal Fees: The evidential ‘hot potato’ to be heard by Court of Appeal – UK Human Rights Blog

Posted December 19th, 2014 in news by sally

‘The Divisional Court (Lord Justice Elias and Mr Justice Foskett) has dismissed Unison’s second-generation attempt to challenge by judicial review the legality of the Employment Tribunal fees system but gave permission to appeal to the Court of Appeal. The “striking” reduction in claims (79 per cent fewer) presented to Employment Tribunals, Lord Justice Elias accepted, was evidence that the system was “extremely onerous” for people in the position of the hypothetical claimants construed by Unison in their legal argument but “not so burdensome as to render the right illusory” (paragraph 53).’

Full story

UK Human Rights Blog, 18th December 2014

Source: www.ukhumanrightsblog.com

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Latvians guilty of illegal gangmaster role in case exposing debt-bondage – The Guardian

Posted December 19th, 2014 in news by sally

‘Two Latvian men have been found guilty of acting as illegal gangmasters, supplying Latvian and Lithuanian workers from the Wisbech area to pick leeks, cabbages, broccoli and flowers, for supermarket supply chains across East Anglia.’

Full story

The Guardian, 18th December 2014

Source: www.guardian.co.uk

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In re R (A Child) – WLR Daily

Posted December 19th, 2014 in law reports by sally

In re R (A Child) [2014] EWCA Civ 1625; [2014] WLR (D) 539

‘In re B-S (Children) (Adoption Order: Leave to Oppose) [2014] 1 WLR 563 had not been intended to change and had not changed the law; it was primarily directed to practice. Where adoption was in the child’s best interests local authorities were not to shy away from seeking, nor courts from making, care orders with a plan for adoption, placement orders and adoption orders.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson – WLR Daily

Posted December 19th, 2014 in law reports by sally

Regina (Hysaj) v Secretary of State for the Home Department; Fathollahipour v Aliabadibenisi; May v Robinson [2014] EWCA Civ 1633; [2014] WLR (D) 538

‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) – WLR Daily

Posted December 19th, 2014 in law reports by sally

Regina (M) v Chief Constable of Hampshire Constabulary (Secretary of State for the Home Department intervening) [2014] EWCA Civ 1651 ; [2014] WLR (D) 541

‘Informal visits by the police officers to a registered sex offender’s home seeking entry by consent were in accordance with the law. The scheme for the protection of vulnerable persons from sex offenders as a whole was not disproportionate.’

WLR Daily, 18th December 2014

Source: www.iclr.co.uk

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Ng and another v Charalambous and another – WLR Daily

Posted December 19th, 2014 in law reports by sally

Ng and another v Charalambous and another [2014] EWCA Civ 1604; [2014] WLR (D) 540

‘Section 213 of the Housing Act 2004, as amended, which provided that any tenancy deposit paid to a person in connection with a shorthold tenancy in existence on 6 April 2012 had to be dealt with in accordance with an authorised scheme, was concerned not with the date at which the deposit was received but with the date on which the tenancy was in effect. Where such a deposit was not held in an authorised scheme, having been received before the relevant date, the sanctions for non-compliance in section 215(1) nevertheless applied so as to preclude the landlord from serving on the tenant a valid notice stating that possession was required under section 21 of the Housing Act 1988.’

WLR Daily, 16th December 2014

Source: www.iclr.co.uk

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Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) – WLR Daily

Posted December 19th, 2014 in EC law, employment tribunals, fees, law reports, sex discrimination by sally

Regina (Unison) v Lord Chancellor (Equality and Human Rights Commission intervening) (No 2) [2014] EWHC 4198 (Admin); [2014] WLR (D) 543

‘On the evidence before the court, the fee scheme imposed under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach the European Union principle of effective access to a court and had not been demonstrated to be indirectly discriminatory to women.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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QRS v Beach and another – WLR Daily

Posted December 19th, 2014 in civil procedure rules, default judgments, injunctions, law reports by sally

QRS v Beach and another [2014] EWHC 4189 (QB); [2014] WLR (D) 542

‘In the context of CPR Pts 12 and 13 the term “judgment” was to be read as including any order made by the court when it entered default judgment.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

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Moohan and another v Lord Advocate (Advocate General for Scotland intervening) – WLR Daily

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another v Lord Advocate (Advocate General for Scotland intervening) [2014] UKSC 67; [2014] WLR (D) 544

‘The blanket ban on convicted prisoners voting in the Scottish independence referendum did not contravene prisoners’ rights under the Convention for the Protection of Human Rights and Fundamental Freedoms or involve any breach of European Union law.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

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Supreme Court justices debate decline in dissenting judgments – Litigation Futures

Posted December 19th, 2014 in judgments, judiciary, news, Supreme Court by sally

‘Better teamwork, smaller panels and less controversial cases have all been put forward by a seminar attended by Supreme Court justices and other senior judges as reasons for a decline in dissenting judgments at the court.’

Full story

Litigation Futures, 19th December 2014

Source: www.litigationfutures.com

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Gang involved in £5m mortgage fraud given jail sentences – BBC News

Posted December 19th, 2014 in conspiracy, fraud, mortgages, news, sentencing by sally

‘A gang of people who carried out an “audacious” mortgage fraud worth more than £5m have been jailed.’

Full story

BBC News, 18th December 2014

Source: www.bbc.co.uk

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Domestic abuse charity criticises May’s law criminalising coercive behaviour – The Guardian

Posted December 19th, 2014 in domestic violence, news, women by sally

‘The home secretary, Theresa May, announced on Thursday that a new domestic abuse offence of “coercive and controlling behaviour” is to be introduced, carrying a penalty of up to five years in prison and a fine.’

Full story

The Guardian, 18th December 2014

Source: www.guardian.co.uk

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