Phone hacking: judge reveals relative is among claimants – The Guardian

Posted September 25th, 2012 in damages, families, interception, judges, news by sally

“The high court judge presiding over 155 civil damages claims for alleged phone hacking being brought against News of the World’s publisher has disclosed that one of his relatives is among the fresh cases.”

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The Guardian, 25th September 2012

Source: www.guardian.co.uk

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Command Papers – official-documents.gov.uk

Posted September 25th, 2012 in parliamentary papers by sally

Memorandum – Post Legislative Scrutiny Greater London Authority (2007) Act, Cm 8428 (PDF)

Source: www.official-documents.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted September 25th, 2012 in legislation by sally

The Transfer of Undertakings (Protection of Employment) (RCUK Shared Services Centre Limited) Regulations 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 2 and Specification of Commencement Date) Order 2012

Source: www.legislation.gov.uk

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A Salutary Lesson on Bad Character – The Devil Is In The Detail – Zenith Chambers

Posted September 25th, 2012 in admissibility, bad character, drug offences, evidence, news by sally

“In a recent Crown Court trial the Prosecution made a Bad Character application alleging that the factual basis of a previous conviction was so similar to the alleged facts of the instant case, that the previous conviction should be admitted. This was propensity with a heavy dollop of similar fact.”

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Zenith Chambers, 17th September 2012

Source: www.zenithchambers.co.uk

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Pay To Stay: A potential can of worms in social housing reform – Hardwicke Chambers

Posted September 25th, 2012 in housing, local government, news, rent by sally

“‘For far too long, millions of people on waiting lists have watched helplessly as high-earning social tenants continue to occupy homes designed to help the most vulnerable…if they want to continue using this precious national resource, they will pay for the privilege.’

When the then Housing and Local Government Minister, Grant Shapps MP, launched a consultation on giving social landlords the power to charge market rents to high income tenants on 13 June 2012, he did so using deliberately strong language.”

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Harwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

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A closed door – Article 8 defences in mandatory possession cases – Hardwicke Chambers

Posted September 25th, 2012 in housing, human rights, landlord & tenant, local government, news, proportionality by sally

“The Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45; [2011] 2 AC 104 and The Mayor & Burgesses of the London Borough of Hounslow v Powell [2011] UKSC 8; [2011] 2 WLR 287 severely restricted the likelihood of an occupier facing (mandatory) possession of their home successfully defending such a claim in reliance upon Article 8 of the Convention Rights – the right to respect for private and family life.”

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Hardwicke Chambers, 13th September 2012

Source: www.hardwicke.co.uk

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Divorce – needs and non-matrimonial assets: formula or flexibility? – Halsbury’s Law Exchange

Posted September 25th, 2012 in consultations, divorce, family courts, financial provision, news by sally

“The Law Commission recently published a supplemental consultation paper (Matrimonial Property, Needs and Agreements – Law Com 2012/208) following its earlier consultation on marital property agreements in 2011. The focus of the supplemental consultation is two particularly problematic aspects of financial provision on divorce or civil partnership dissolution: needs and non-matrimonial assets.”

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Halsbury’s Law Exchange, 24th September 2012

Source: www.halsburyslawexchange.co.uk

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Time to untangle the debate over secret courts – UK Human Rights Blog

“Tomorrow (25 September), Liberal Democrats will debate the Justice and Security Bill and will vote on saying no to the Government’s controversial secret courts proposals. Played in the press as a good opportunity to put clear blue water between the coalition partners, the motion will give a party members a chance to speak out on a Bill which many see as an anathema to the traditional liberal commitment to open, fair and equal access to justice.”

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UK Human Rights Blog, 24th September 2012

Source: www.ukhumanrightsblog.com

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Chagos Refugees Group in the First-Tier Tribunal: some key points – Panopticon

Posted September 25th, 2012 in Chagos Islands, disclosure, human rights, news, refugees, tribunals by sally

“The Chagos Archipelago forms part of the British Indian Ocean Territory (‘BIOT’). In the late 1960s and early 1970s, the inhabitants of the Chagos Islands were required to leave those islands. At or around that time, a US military base was established on Diego Garcia, the largest of the Chagos Islands. The removal of the ‘Chagossians’ has been a matter of considerable political and media debate, as well as complex legal proceedings. Two legal challenges are ongoing: Chagos Islanders v UK before the European Court of Human Rights, and Bancoult (No 3) before the domestic courts.”

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Panopticon, 24th September 2012

Source: www.panopticonblog.com

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Cocaine plot mastermind jailed for 28 years – The Independent

Posted September 25th, 2012 in conspiracy, drug offences, drug trafficking, news, sentencing by sally

“A 61-year-old man has been jailed for 28 years after masterminding a plot to smuggle 1.5 tonnes of cocaine into the UK.”

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The Independent, 24th September 2012

Source: www.independent.co.uk

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Ministry of Justice abandons £10m raid on medical negligence damages – Daily Telegraph

Posted September 25th, 2012 in damages, legal aid, medical treatment, Ministry of Justice, negligence, news by sally

“Attempts to claw back almost £10 million a year from compensation awarded to disabled children and their families have been abandoned.”

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Daily Telegraph, 24th September 2012

Source: www.telegraph.co.uk

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Bye bye Abu Hamza – but why did it take so long? – UK Human Rights Blog

Posted September 25th, 2012 in extradition, human rights, news, terrorism, torture by sally

“The European Court of Human Rights has refused the request of Mustafa Kamal Mustafa (Abu Hamza) and four others to refer their extradition appeal to its Grand Chamber for another hearing. This means that their case, which was decided in the Government’s favour in April (see our post) is now final. There are therefore no remaining barriers to their extradition to the United States to face terrorism charges.”

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UK Human Rights Blog, 25th September 2012

Source: www.ukhumanrightsblog.com

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Tony Nicklinson and the right-to-die debate: the questions that still need answering – Halsbury’s Law Exchange

Posted September 25th, 2012 in assisted suicide, disability discrimination, euthanasia, news by sally

“The ruling in the recent case brought by the late Tony Nicklinson and another man, known only as ‘Martin’, who both had ‘locked-in’ syndrome, before the High Court ([2012] EWHC 2381 (Admin)), has raised many complicated questions about death in our society. The most difficult of these questions has been to what extent it is for an individual to decide that they wish their life to be ended. The particular complexity in this specific case was that, as both men had ‘locked-in’ syndrome, they were physically incapable of committing suicide, even with the assistance of another person (a situation which no longer carries automatic prosecution under guidelines issued recently by the DPP; Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide, February 2010,).”

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Halsbury’s Law Exchange, 24th September 2012

Source: www.halsburyslawexchange.co.uk

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Government admits secret courts would protect it from bad publicity – The Guardian

Posted September 25th, 2012 in bills, closed material, media, news, private hearings by sally

“The government has admitted that a key motive for its plan to expand secret courts is to shield itself politically from charges that Britain has been complicit in the abuse of detainees abroad.”

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The Guardian, 24th September 2012

Source: www.guardian.co.uk

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Tribunal cannot take additional material into account when deciding whether dismissal was fair – OUT-LAW.com

Posted September 25th, 2012 in employment tribunals, evidence, news, unfair dismissal by sally

“A tribunal cannot rely on additional matters not taken into account by an employer when deciding whether a dismissal is fair, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 24th September 2012

Source: www.out-law.com

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Woman brain-damaged at birth gets £5.5m hospital payout – BBC News

Posted September 25th, 2012 in birth, compensation, hospitals, medical treatment, negligence, news by sally

“A woman left with irreversible brain damage due to a ‘catalogue of errors’ during her birth has been awarded a total of £5.5m in compensation.”

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BBC News, 24th September 2-12

Source: www.bbc.co.uk

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Judge imposes reporting restrictions in Dale Cregan case – The Guardian

Posted September 25th, 2012 in bias, contempt of court, media, murder, news, police, public interest, reporting restrictions by sally

“Court makes order postponing reports under section 4(2) of the Contempt of Court Act 1981 due to ‘very real risk of prejudice’.”

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The Guardian, 24th September 2012

Source: www.guardian.co.uk

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Sex offender doctors can’t be banned in case it breaches human rights – Daily Telegraph

Posted September 25th, 2012 in disciplinary procedures, doctors, human rights, news, sexual offences by sally

“The GMC said it could not impose an automatic ban on doctors convicted of sex offences as this would risk breaching human rights legislation.”

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Daily Telegraph, 25th September 2012

Source: www.telegraph.co.uk

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Naila Mumtaz murder: Four family members jailed for life – BBC News

Posted September 25th, 2012 in domestic violence, murder, news, sentencing by sally

“A man who murdered his pregnant wife has been jailed for life, along with three other family members.”

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BBC News, 24th September 2012

Source: www.bbc.co.uk

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Abu Hamza loses fight against extradition to the US – The Guardian

Posted September 25th, 2012 in extradition, human rights, news, terrorism by sally

“The European court of human rights has cleared the way for the extradition to the United States of five terrorism suspects, including Abu Hamza al-Masri and Babar Ahmad, after legal battles dating back to 2004.”

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The Guardian, 24th September 2012

Source: www.guardian.co.uk

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