Extended terror sentences justified, appeal court rules – BBC News

Posted October 31st, 2014 in appeals, news, sentencing, terrorism by sally

‘Three men who challenged their extended sentences for preparing terrorism offences have lost their appeals.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

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Jamie Reynolds loses Georgia Williams murder sentence appeal – BBC News

Posted October 31st, 2014 in appeals, murder, news, sentencing by sally

‘A man who killed a girl by hanging her at his parents’ house has lost his appeal against his whole-life sentence.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

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Credit Hire and Credit Repair: considered in the light of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – Zenith PI Blog

Posted October 31st, 2014 in news by sally

‘Those of you with experience of dealing with credit hire cases will know the difficulties faced when a hire agreement has no cancellation notice attached to it, or it is not in the correct and prescribed format, very often resulting in a non-enforceable contract and no credit hire charges being recovered. These arguments, under the Cancellation of Contracts made in a Consumer’s Home or Place of Work, etc Regulations 2008, have been the subject of extensive litigation.’

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Zenith PI Blog, 31st October 2014

Source: www.zenithpi.wordpress.com

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Adopting an orphan – a new licensing scheme for material of unknown origin – Technology Law Update

Posted October 31st, 2014 in news by sally

‘Now that copying and reproducing material electronically is so easy, you can find yourself infringing copyright almost without thinking. Where a film clip, photograph, piece of music or text, for example, does not obviously belong to anyone, can you just use it or do you have to steer clear? This has up to now presented a problem (at least for those with a reputation to protect).’

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Technology Law Update, 31st October 2014

Source: www.technology-law-blog.co.uk

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Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted October 31st, 2014 in damages, ex turpi causa, injunctions, law reports, patents, public interest by sally

Les Laboratoires Servier and another v Apotex Inc and others [2014] UKSC 55; [2014] WLR (D) 452

‘Although acts which constituted “turpitude” for the purposes of giving rise to the defence of ex turpi causa non oritur actio were not confined to criminal acts but included quasi criminal acts which engaged the public interest, civil wrongs which offended against private and not public interests did not give rise to the defence. Infringements of patent gave rise to private rights of a character no different from rights under contract or tort and there was no public policy which would give rise to a defence of ex turpi causa.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Altomart Ltd v Salford Estates (No 2) Ltd – WLR Daily

Posted October 31st, 2014 in case management, civil procedure rules, law reports, service, time limits by sally

Altomart Ltd v Salford Estates (No 2) Ltd [2014] EWCA Civ 1408; [2014] WLR (D) 451

‘An application under CPR r 3.1(2)(a) for an extension of time in which to file a respondent’s notice was by analogy subject to the robust approach to compliance with rules set down by the Court of Appeal in relation to applications for relief from sanction under CPR r 3.9.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Regina v Kerrigan; Regina v Walker (Nicholas) – WLR Daily

Posted October 31st, 2014 in appeals, attempts, imprisonment, law reports, release on licence, robbery by sally

Regina v Kerrigan; Regina v Walker (Nicholas) [2014] WLR (D) 450

‘There was no automatic deduction for time spent in custody by a defendant who, following arrest, was recalled to prison, on revocation of licence, to continue serving a previous sentence.’

WLR Daily, 28th October 2014

Source: www.iclr.co.uk

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Routier and another v Revenue and Customs Commissioners – WLR Daily

Posted October 31st, 2014 in charities, inheritance tax, Jersey, jurisdiction, law reports, trusts, wills by sally

Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449

‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’

WLR Daily, 18th October 2014

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted October 31st, 2014 in legislation by sally

The Care and Support and After-care (Choice of Accommodation) Regulations 2014

The Care and Support (Preventing Needs for Care and Support) Regulations 2014

The Care and Support (Charging and Assessment of Resources) Regulations 2014

The Care and Support (Sight-impaired and Severely Sight-impaired Adults) Regulations 2014

The Climate Change Agreements (Administration) (Amendment) Regulations 2014

The Plant Health (Phytophthora kernovii Management Zone) (England) (Revocation) Order 2014

The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014

The Feed-in Tariffs (Amendment) (No. 2) Order 2014

The Local Justice Areas (No. 3) Order 2014

The Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations 2014

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations 2014

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

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Joanne Dennehy accomplice Gary Stretch in sentence appeal – BBC News

Posted October 31st, 2014 in accomplices, appeals, attempts, murder, news, sentencing by sally

‘A man jailed alongside “sadistic” triple killer Joanne Dennehy is to appeal against the length of his sentence.’

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BBC News, 30th October 2014

Source: www.bbc.co.uk

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BAILII: Recent Decisions

Posted October 31st, 2014 in law reports by sally

Supreme Court

Moseley, R (on the application of) v London Borough of Haringey [2014] UKSC 56 (29 October 2014)

Court of Appeal (Criminal Division)

Hall & Ors, R. v [2014] EWCA Crim 2046 (07 October 2014)

Court of Appeal (Civil Division)

Vocalspruce Ltd v Revenue & Customs [2014] EWCA Civ 1302 (30 October 2014)

Belhaj & Anor v Straw & Ors [2014] EWCA Civ 1394 (30 October 2014)

Reed Elsevier UK Ltd (t/a LexisNexis) & Anor v Bewry [2014] EWCA Civ 1411 (30 October 2014)

ER, R (on the Application of) v Commissioner For Local Administration (The Local Government Ombudsman) & Anor [2014] EWCA Civ 1407 (29 October 2014)

Altomart Ltd v Salford Estates (No. 2) Ltd [2014] EWCA Civ 1408 (29 October 2014)

Badger Trust, R (on the Application of) v Secretary of State for the Environment, Food and Rural Affairs & Anor [2014] EWCA Civ 1405 (29 October 2014)

High Court (Chancery Division)

Wearn (t/a Jonathan Wearn Productions) v HNH International Holdings Ltd [2014] EWHC 3542 (Ch) (29 October 2014)

Sirhowy Investments Ltd v Henderson & Anor [2014] EWHC 3562 (Ch) (30 October 2014)

High Court (Administrative Court)

Worcestershire County Council, R (on the application of) v Essex County Council [2014] EWHC 3557 (Admin) (29 October 2014)

Trushin v National Crime Agency [2014] EWHC 3551 (Admin) (29 October 2014)

Agardi v Penitentiary Judge of the Metropolitan Court, Budapest, Hungary [2014] EWHC 3433 (Admin) (30 October 2014)

High Court (Commercial Court)

Arcadia Group Brands Ltd & Ors v Visa Inc & Ors [2014] EWHC 3561 (Comm) (30 October 2014)

Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2014] EWHC 3548 (Comm) (30 October 2014)

Source: www.bailii.org

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Abuse inquiry: Fiona Woolf faces fresh pressure to quit – BBC News

Posted October 31st, 2014 in child abuse, complaints, inquiries, news, victims by sally

‘Victims’ groups are due to meet officials from a child sex abuse inquiry and are expected to reiterate calls for the inquiry’s head to resign.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

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Removal of subsidy for spare room not unlawful – UK Human Rights Blog

Posted October 31st, 2014 in benefits, children, housing, human rights, judicial review, news, residence orders by sally

‘Whether you call it the “spare room subsidy” or the “bedroom tax”, the removal of this type of housing benefit has been nothing short of controversial. There have been several previous legal challenges to the Regulations, as well as to the benefit cap introduced as part of the same package of welfare changes. The outcome of these cases was not promising for these claimants, in particular the decision of the Court of Appeal in R (MA) v Secretary of State for Work & Pensions [2014] EWCA Civ 13. Another important case is R (SG (previously JS)) v Secretary of State for Work & Pensions [2014] EWCA Civ 156.’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

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Mother cleared of poisoning teenager daughter with hormones supplied by Belgian doctor says case should be landmark for parents’ rights – The Independent

Posted October 31st, 2014 in children, medical treatment, medicines, mental health, news, parental rights, poisoning by sally

‘A mother cleared of poisoning her daughter after taking desperate measures to treat a chronic condition has said that the case should be used as a landmark for other parents finding care for their children outside the NHS.’

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The Independent, 30th October 2014

Source: www.independent.co.uk

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Asbo for man who fakes illness – Daily Telegraph

Posted October 31st, 2014 in ASBOs, emergency services, news, wasting police time by sally

‘A man who drives lifesavers to distraction by feigning illness and lying in the street to get attention has been given an Asbo banning him from wasting the time of the emergency services.’

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Daily Telegraph, 30th October 2014

Source: www.telegraph.co.uk

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Panorama’s planned Mazher Mahmood exposé may face legal gag – The Guardian

Posted October 31st, 2014 in BBC, injunctions, media, news, perjury by sally

‘Will the BBC be able to screen Panorama next Monday? The programme that is scheduled to be broadcast, “The fake sheikh exposed”, is about Mazher Mahmood, the Sun on Sunday journalist who is currently under suspension by his newspaper.’

Full story

The Guardian, 30th October 2014

Source: www.guardian.co.uk

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Independent review of Ofsted ‘urgently required’ – BBC News

Posted October 31st, 2014 in education, local government, news, quality assurance, teachers by sally

‘Ofsted is in urgent need of independent review in light of concerns about its objectivity and reliability, local government leaders have said.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

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“It’s too late baby, now it’s too late”: limitation, competition claims and knowledge – Competition Bulletin from Blackstone Chambers

Posted October 31st, 2014 in competition, limitations, news, public interest by sally

‘How much knowledge does a potential claimant need before time begins to run against a competition claim against a party alleged to have breached competition law? This was the key question addressed by Mr Justice Simon in the first case in which an English Court has had to consider the effect of s.32 of the Limitation Act 1980 (“LA”) in the context of a competition claim.’

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Competition Bulletin from Blackstone Chambers, 31st October 2014

Source: www.competitionbulletin.com

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“Do not dismiss ABSs,” Lord Judge tells criminal law barristers – Legal Futures

‘Lord Judge, the former Lord Chief Justice, has warned criminal law barristers that the “old-fashioned chambers structures must be reconsidered” and they must not dismiss alternative business structures (ABSs) “out of hand”.’

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Legal Futures, 31st October 2014

Source: www.legalfutures.co.uk

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Record number of prison deaths ‘due to cuts and overcrowding’ – The Independent

Posted October 31st, 2014 in budgets, death in custody, news, prisons, statistics, suicide by sally

‘The number of people dying in prison has risen to its highest level since records began more than 30 years ago, figures released by the Ministry of Justice show.’

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The Independent, 31st October 2014

Source: www.independent.co.uk

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