Stalker Al Amin Dhalla guilty of loaded crossbow charge – BBC News

Posted February 15th, 2012 in arson, harassment, news, offensive weapons, perverting the course of justice, theft by sally

“A former City worker convicted of stalking his former fiancee has been found guilty of possessing a loaded crossbow near her workplace.”

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BBC News, 15th February 2012

Source: www.bbc.co.uk

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Woman jailed for withdrawing rape allegation appeals against conviction – The Guardian

“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”

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The Guardian, 15th February 2012

Source: www.guardian.co.uk

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SFO operations to be subject to ‘routine’ inspection – OUT-LAW.com

“The Crown Prosecution Service Inspectorate (CPSI) is to ‘shortly’ begin a review of the operations of the Serious Fraud Office (SFO), a spokesperson for the Government’s top legal advisors has said.”

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OUT-LAW.com, 15th February 2012

Source: www.out-law.com

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Does a risk of an explosion engage Article 8? – UK Human Rights Blog

“This Strasbourg decision is the end of a long saga. Our applicants Hardy and Maile lived near proposed Liquified Natural Gas terminals at Milford Haven. In 2003 and 2004, an oil refiner obtained various consents to enable the LNG to be imported, and the applicants challenged them in the domestic courts. But the image, and the identity of its participants, will tell you that the LNG started to arrive. But Alison Hardy and Rodney Maile were not easily deflected, and after a long battle through the domestic courts ended up in the Strasbourg Court.”

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UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

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Man fined £315 for naked ramble – The Independent

Posted February 15th, 2012 in fines, indecent exposure, news by sally

“A man who rambled through a popular beauty spot naked except for a backpack, boots and a baseball cap has been fined £315.”

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The Independent, 15th February 2012

Source: www.independent.co.uk

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The Public Sector Equality Duty – what does it mean and how does it work? – No. 5 Chambers

Posted February 15th, 2012 in equality, government departments, local government, news by sally

“This paper deals with the present state of the law concerning the Public Sector Quality Duty (‘the PSED’) and how public bodies are required to act in order to comply with the duty.”

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No. 5 Chambers, 6th February 2012

Source: www.no5.com

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Back to Basics: A Practical Guide to Adjudication and Enforcement – Hardwicke Chambers

Posted February 15th, 2012 in construction industry, contracts, dispute resolution, news by sally

“If you are a party to a construction contract and are trying to find a fast and efficient way to resolve a dispute arising out of the contract, you may be able to take advantage of the adjudication procedure set out in the Housing, Grants, Construction and Regeneration Act 1996 and the Statutory Scheme for Construction Contracts Regulations 1998. Catherine Piercy has written an article to assist in determining whether your contract falls within the statutory scheme. Once you have decided that you have a construction contract which falls within the HGCRA and is subject to the Statutory Scheme, this article provides a step by step guide to the adjudication and the adjudication process.”

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Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

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Glenn Mulcaire granted evidence appeal – BBC News

Posted February 15th, 2012 in appeals, evidence, interception, media, news, public interest, Supreme Court by sally

“The Supreme Court has ruled it will decide whether private investigator Glenn Mulcaire must reveal which journalists asked him to hack phones.”

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BBC News, 15th February 2012

Source: www.bbc.co.uk

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It’s LDEDCA, Not HGCRA, Obviously! – Hardwicke Chambers

Posted February 15th, 2012 in construction industry, contracts, dispute resolution, news by sally

“Adjudication is an increasingly used form of dispute resolution within the construction industry. It involves an independent, third party, considering the factual and legal arguments put forward by each party to a construction contract in order to resolve a dispute that has arisen under the contract.”

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Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

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Court of Protection update – Thirty Nine Essex Street

Posted February 15th, 2012 in Court of Protection, news by sally

Court of Protection update (PDF)

Thirty Nine Essex Street, February 2012

Source: www.39essex.com

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High Street Gloom, Adjudication Boom – Hardwicke Chambers

Posted February 15th, 2012 in abuse of process, dispute resolution, jurisdiction, news by sally

“Forum shopping is an ill against which the courts are always vigilant to guard. Adjudication is a process that, naturally, is vulnerable to forum shopping because the parties have control over the selection of the tribunal that is to decide the dispute, which is unlike anything that would occur in the ordinary run of litigation.”

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Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

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The Localism Act and Non-domestic Rating – No. 5 Chambers

Posted February 15th, 2012 in news, rates, small businesses by sally

“The entirety of Part 4 of the Localism Act is devoted to non-domestic rating but the changes introduced seem to have a much lower profile than some of the other ‘Localism’ provisions. Whilst there are some small but important changes, the rating reforms introduced could by no means be described as radical. Importantly,
contrary to what some may have expected, the Act does not include any provisions designed to defeat the now well known schemes that are being used to avoid liability for the 100% unoccupied property rate. It is nevertheless necessary for local authorities, ratepayers and advisers to be aware of the changes that have been made. So, what does the Act do?”

Full story (PDF)

No. 5 Chambers, 8th February 2012

Source: www.no5.com

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The Prosperous UK Emigrant: how clear are the residence/non-residence rules now? – New Square Chambers

Posted February 15th, 2012 in domicile, immigration, news by sally

“In advising the emigrant, the emphasis should be on his actual and substantive acts and way of
life. Too often, the issues addressed, in considering the conditions or circumstances required for residence in the United Kingdom, or the loss of it, and non residence, are tied to patent technicalities (i.e. whether the emigrant maintains subscription to a club or counts the days of absence to a threshold number(i.e. 90 days p.a.). What, in fact, really matters is the substance and pattern of life. In this assessment, the approach of the Court, in cases past to the most recent is the best guide. In this lecture I look at that and tie it to the government’s proposals for reform and the imposition of a statutory test or tests for determining residence, by individuals, or their non-residence in the United Kingdom.”

Full story (PDF)

New Square Chambers, February 2012

Source: www.newsquarechambers.co.uk

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Costs, Expenses and Provable Debts – Hardwicke Chambers

Posted February 15th, 2012 in administrators, costs, debts, expenses, insolvency, news by sally

“October last year saw the decision of the Court of Appeal in litigation arising from the administrations of Nortel and Lehman Brothers (Re Nortel GMBH [2011] EWCA Civ 1124). The case concerned the treatment of contribution notices from the Pensions Regulator by the administrators. However, for those who ventured beyond mention of the Pensions Regulator, the decision contains a useful review of the law pertaining to whether liabilities fall as provable debts or expenses of the insolvency process.”

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Hardwicke Chambers, 8th February 2012

Source: www.hardwicke.co.uk

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Drug mule jailed for double murder – The Guardian

Posted February 15th, 2012 in drug offences, gangs, murder, news, sentencing by sally

“A former cage fighter has been jailed for life for killing two gangland enforcers linked to an IRA drugs ring.”

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The Guardian, 14th February 2012

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted February 15th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Brook, R. v [2012] EWCA Crim 136 (14 February 2012)

Hussain v R. [2012] EWCA Crim 188 (14 February 2012)

Court of Appeal (Civil Division)

Burke v The College of Law & Anor [2012] EWCA Civ 87 (14 February 2012)

High Court (Queen’s Bench Division)

Towry EJ Ltd v Bennett & Ors [2012] EWHC 224 (QB) (14 February 2012)

High Court (Chancery Division)

The Manchester Ship Canal Company Ltd v United Utilities Water Plc [2012] EWHC 232 (Ch) (14 February 2012)

High Court (Administrative Court)

National Secular Society & Anor, R (on the application of) v Bideford Town Council [2012] EWHC 175 (Admin) (10 February 2012)

A v Secretary of State for the Home Department [2012] EWHC 117 (Admin) (08 February 2012)

High Court (Commercial Court)

Eitzen Bulk A/S v TTMI Sarl [2012] EWHC 202 (Comm) (14 February 2012)

High Court (Patents Court)

University of Queensland CSL Ltd & Anor v Comptroller -General of Patents, Designs and Trade Marks [2012] EWHC 223 (Pat) (14 February 2012)

Source: www.bailii.org

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Supreme Court rules BBC need not reveal internal Israel-Palestine coverage report – UK Human Rights Blog

Posted February 15th, 2012 in BBC, freedom of information, Israel, media, news by sally

“The Supreme Court has ruled unanimously that an internal BBC report into its coverage of the Israeli Palestinian conflict was ‘information held for purposes journalism art or literature’ and therefore need not be released to the public under the Freedom of Information Act (FOIA).”

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UK Human Rights Blog, 15th February 2012

Source: www.ukhumanrightsblog.com

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Woman who battled cancer must fight law to return ovary – Daily Telegraph

Posted February 15th, 2012 in assisted reproduction, cancer, EC law, human tissue, news by sally

“A woman left infertile by teenage cancer is having to battle the law to get doctors to give her back the ovary that she had frozen before chemotherapy.”

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Daily Telegraph, 15th February 2012

Source: www.telegraph.co.uk

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Stronger CPS cases in hate crime lead to increase in guilty pleas – Crown Prosecution Service

“The CPS is prosecuting more hate crimes, more successfully and with more defendants pleading guilty than ever before.”

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Crown Prosecution Service, 14th February 2012

Source: www.cps.gov.uk

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Youth custody is failing young people who want to change their ways – The Guardian

Posted February 15th, 2012 in news, prisons, recidivists, rehabilitation, young offenders by sally

“Dismal reoffending rates prove that incarcerated children who want to live a ‘normal’ life aren’t being given the support to do so.”

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The Guardian, 14th February 2012

Source: www.guardian.co.uk

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