The difference between ‘affirmation’ and ‘oath’ – BBC News

Posted May 22nd, 2015 in news by sally

‘That most time-consuming of the traditional rituals surrounding the UK Parliament, the swearing in of all the MPs, has become an emblem of the changing shape of British society. A ceremony originally designed for exclusion – to keep out religious and political undesirables – has become a display of diversity, writes Stephen Tomkins.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

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Phone hacking at Trinity Mirror ‘widespread’ for a decade, says judge – The Guardian

Posted May 22nd, 2015 in news by sally

‘Phone hacking at the tabloid publisher Trinity Mirror was “widespread and frequent” for a decade, a high court judge has ruled as he ordered the company to pay a record £1.2m in privacy damages to eight victims, including the actor Sadie Frost and ex-footballer Paul Gascoigne.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

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Reconsideration of old human rights applications – Free Movement

Posted May 22nd, 2015 in news by sally

‘The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of appeal before 6 April 2015. The policy is important in the very many cases where a human rights application was made by an individual or family and the application was refused with no right of appeal because no removal decision was made. Under the new appeals regime introduced by the Immigration Act 2014 from 6 April 2014, no removal decision is needed for a right of appeal, only refusal of a human rights claim.’
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Free Movement, 21st May 2015

Source: www.freemovement.co.uk

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Dyson calls on judges to lead resistant lawyers to embrace post-Jackson “culture of reform” – Litigation Futures

Posted May 22nd, 2015 in news by sally

‘Judges need to lead the way in jolting lawyers out of their “comfort zones” so as to fully embrace the Jackson reforms, the Master of the Rolls has said, citing the lack of progress on disclosure and ‘hot-tubbing’ as examples where the new rules have not been embraced.’

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Litigation Futures, 22nd May 2015

Source: www.litigationfutures.com

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What’s the Din? The Supremes’ Cut – Nearly Legal

Posted May 22nd, 2015 in news by sally

‘Haile v Waltham Forest LBC [2015] UKSC 34 is the second of the triptych of cases which are before the UKSC (We have yet to have the outcome of the third one, the eligibility appeals in Samin/Mirga). The first, Johnson/Hotak/Kanu, as NL wrote, is particularly significant because of its reworking of the vulnerability test, overwriting encrusted CA decisions. Haile, on the other hand, attempts to steer a line between accepting the jurisprudence on intentionality but distinguishing it on a narrow basis (Lord Reed, with whom Lord Neuberger, Lady Hale and Lord Clarke agreed – Lord Neuberger, in the majority, doing so with hesitation, at [79]; Lord Carnwath dissenting). Johnson/Hotak/Kanu will involve reworking vulnerability decisions and will undoubtedly provoke further litigation on the SC test. In theory, at least, Haile should not involve any great difference or require reworking; but, as I will try to explain, its consequences may well reverberate just as much as Johnson et al. Indeed, despite the best intentions of the majority, I think further litigation is almost inevitably the outcome.’

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Nearly Legal, 21st May 2015

Source: www.nearlylegal.co.uk

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Sadie Jenkins cleared of child murder bids ‘by reason of insanity’ – BBC News

Posted May 22nd, 2015 in news by sally

‘A Newport woman who slit the throats of two children in a drug induced trance has been cleared of attempting to murder them on grounds of insanity.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

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Barristers threaten to walk out over legal aid cuts – The Guardian

Posted May 22nd, 2015 in news by sally

‘Criminal barristers are threatening mass walkouts aimed at closing down the courts in protest against government cuts to legal aid.’
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The Guardian, 21st MAy 2015

Source: www.guardian.co.uk

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Tobacco companies prepare multi-billion compensation claims over UK plain packaging – Daily Telegraph

Posted May 22nd, 2015 in news by sally

‘Tobacco companies are preparing to launch what could be one of the biggest ever legal claims against the British Government for losses as a result of the introduction of plain packaging for cigarettes.’
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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

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Mapped: Where is same sex marriage legal in the world? – Daily Telegraph

Posted May 22nd, 2015 in news by sally

‘As Ireland prepares to vote on the same sex marriage referendum, we map where it is already legal using data from the International Lesbian, Gay, Bisexual, Trans and Intersex Association.’

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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

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How are the proceeds of crime recovered? – BBC News

Posted May 22nd, 2015 in news by sally

‘The prime minister has announced new plans to seize the wages of illegal workers as proceeds of crime as part of a new immigration strategy. But how does the UK go about recovering the proceeds of crime, and what challenges might the new plans throw up?’

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BBC News, 21st May 2015

Source: www.bbc.co.uk

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The watchdog that would have scrutinised the end of the Human Rights Act just got quietly scrapped – The Independent

Posted May 22nd, 2015 in news by sally

‘The parliamentary committee that scrutinises proposed major constitutional changes been scrapped despite turbulent times ahead of the future of the United Kingdon’s governance.’

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The Independent, 21st May 2015

Source: www.independent.co.uk

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Stacey Hyde cleared of murder in retrial – The Guardian

Posted May 22nd, 2015 in news by sally

‘A young woman who faced a retrial for the murder of man with a history of domestic violence has been acquitted after a jury heard how she acted in self-defence. Stacey Hyde, 22, was ordered to face a second trial by the director of public prosecutions, Alison Saunders, after the court of appeal quashed her original murder conviction last year.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

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David Alderson murder: Man jailed for 28 years – BBC News

Posted May 22nd, 2015 in news by sally

‘A man has been jailed for 28 years for murdering a “naive pensioner” whom he lured to a disused quarry.’
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BBC News, 21st May 2015

Source: www.bbc.co.uk

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Rape victim falsely accused of lying by police wins £20,000 payout – The Guardian

Posted May 22nd, 2015 in news by sally

‘A rape victim falsely accused of lying by detectives has won £20,000 in damages after suing police under the Human Rights Act. The woman, who cannot be named, was 17 when a man raped her in Winchester in April 2012 after a night out with friends. Her mother reported the attack hours later and the victim told officers her T-shirt may contain her attacker’s DNA.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

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Susan Workman murder: Killer’s family post ad to trace jury – BBC News

Posted May 22nd, 2015 in news by sally

‘The family of a man jailed for murdering his ex-wife have taken out a newspaper advert in an attempt to trace the jurors involved in his trial, prompting a police investigation.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

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Driver jailed for disguising his car as ambulance while caring for sick wife – The Guardian

Posted May 22nd, 2015 in news by sally

‘A man has been jailed for dressing as a paramedic and disguising his Renault estate car as an emergency response vehicle, complete with flashing light, to run errands for his wife, a court has heard.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted May 21st, 2015 in law reports by sally

Court of Appeal (Criminal Division)

 
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Part 36 penalties in detailed costs assessments – Zenith PI Blog

Posted May 21st, 2015 in appeals, civil procedure rules, news, part 36 offers by sally

‘This matter was an appeal from a senior cost Judge refusing to award an additional amount under CPR 36.14(3) (d) on a detailed assessment of costs. The law with which this judgement is concerned is CPR 36 as it was prior to its amendment on the 6th April 2015.’
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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

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Pianist James Rhodes can publish child abuse memoir – BBC News

‘A concert pianist has won a legal battle to publish an autobiographical book giving details of sexual abuse he experienced as a child.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

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Court approves caesarean for mentally-ill woman – BBC News

Posted May 21st, 2015 in birth, consent, medical treatment, mental health, news by sally

‘Doctors can perform a caesarean section on a mentally-ill woman who is in the latter stages of pregnancy without her consent, a judge has ruled.’
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BBC News, 20th May 2015

Source: www.bbc.co.uk

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