Government to pay legal fees for families of Hillsborough victims – Daily Telegraph

Posted December 20th, 2012 in health & safety, inquests, legal aid, news, sport, victims by tracey

“The Government will fund legal representation for the families of the 96 Liverpool fans killed in the Hillsborough disaster at the new inquest ordered into their deaths.”

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Daily Telegraph, 20th December 2012

Source: www.telegraph.co.uk

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Roy Sly murder: ‘Sadistic torture’ killers jailed – BBC News

Posted December 20th, 2012 in alcohol abuse, drug abuse, murder, news, sentencing by tracey

“Two people have been jailed for the ‘sadistic torture’ murder of a friend who
invited them for a meal in Essex.”

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BBC News, 20th December 2012

Source: www.bbc.co.uk

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Kinloch v HM Advocate – WLR Daily

Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385

“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Space Airconditiong plc v Guy and another – WLR Daily

Posted December 20th, 2012 in appeals, judges, law reports, mistake by tracey

Space Airconditiong plc v Guy and another: [2012] EWCA Civ 1664; [2012] WLR (D) 384

“Where a judge had been informed by counsel that he had reached his decision by an obvious mistake of fact in his handed down judgment and had admitted it to be so, then, unless there was a very good reason not to do so, the judge had a duty to correct his judgment to put the record right.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

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Mastafa v Her Majesty’s Treasury – WLR Daily

Posted December 20th, 2012 in appeals, human rights, law reports, terrorism, trials by tracey

Mastafa v Her Majesty’s Treasury: [2012] EWHC 3578 (Admin); [2012] WLR (D) 383

“An appeal brought under section 26 of the Terrorist Asset-Freezing etc Act 2010 involved the determination of the appellant’s ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th December 2012

Source: www.iclr.co.uk

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Pensions Ombudsman v EMC Europe Ltd and others – WLR Daily

Pensions Ombudsman v EMC Europe Ltd and others: [2012] EWHC 3508 (Ch); [2012] WLR (D) 382

“The Pensions Ombudsman had no jurisdiction to entertain a complaint by a scheme member to set aside a compromise agreement where successful determination of the complaint would adversely affect the rights of the parent company in circumstances where it was a necessary party to any claim to set aside the agreement but was not subject to the ombudsman’s jurisdiction.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

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Freetown Ltd v Assethold Ltd – WLR Daily

Posted December 20th, 2012 in appeals, doctors, law reports, service, time limits by tracey

Freetown Ltd v Assethold Ltd: [2012] EWCA Civ 1657;   [2012] WLR (D)  379

“Service of a party wall award pursuant to section 15(1) of the Party Wall etc Act 1996 was effective from the date the award was received or deemed to have been received by a party.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

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Recent Statutory Instruments – gov.uk

Posted December 20th, 2012 in legislation by tracey

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2012

The Building (Repeal of Provisions of Local Acts) Regulations 2012

The Public Lending Right Scheme 1982 (Commencement of Variation) (No. 2) Order 2012

The Payments in Euro (Credit Transfers and Direct Debits) Regulations 2012

The Building Regulations &c. (Amendment) Regulations 2012

The Energy Performance of Buildings (England and Wales) Regulations 2012

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Subordinate Legislation) (England and Wales) Order 2012

The Legislative Reform (Civil Partnership) Order 2012

The District Electoral Areas Commissioner (Northern Ireland) Order 2012

The Scottish Administration (Offices) Order 2012

The Health Service Commissioner for England (Special Health Authorities) Order 2012

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2012

The Guinea-Bissau (Sanctions) (Overseas Territories) Order 2012

The Côte d’Ivoire (Sanctions) (Overseas Territories) Order 2012

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012

The Somalia (Sanctions) (Overseas Territories) Order 2012

The Al-Qaida (United Nations Measures) (Overseas Territories) (Amendment) Order 2012

The Civil Partnership (Registration Abroad and Certificates) (Amendment) Order 2012

Source: www.legislation.gov.uk

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Command Papers – official-documents.gov.uk

Posted December 20th, 2012 in parliamentary papers by tracey
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Government plan for mesothelioma claims process draws heavy fire from claimant lawyers – Litigation Futures

Posted December 20th, 2012 in cancer, compensation, consultations, delay, fees, news by tracey

“Lawyers acting on the new system for dealing with mesothelioma claims will be paid on fixed-fee basis, the government announced yesterday.”

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Litigation Futures, 19th December 2012

Source: www.litigationfutures.com

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Scientology does not qualify for chapel registration, rules High Court – UK Human Rights Blog

Posted December 20th, 2012 in marriage, news, registrars by tracey

“R on the application of Louisa Hodkin v Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 (Admin). Ouseley J has dismissed a challenge by the applicant against the Registrar General’s decision not to register a chapel of the Church of Scientology as ‘a place of meeting for religious worship’ which in turn means it is not a registered building for the solemnisation of marriages.”

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UK Human Rights Blog, 20th December 2012

Source: www.ukhumanrightsblog.com

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Request for information – NearlyLegal

Posted December 20th, 2012 in appeals, housing, human rights, local government, news, succession by tracey

“There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession…
Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel].”

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NearlyLegal, 19th December 2012

Source: www.nearlylegal.co.uk/blog/

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Bill of Rights report: no further forward – Halsbury’s Law Exchange

Posted December 20th, 2012 in bills, constitutional reform, human rights, news, reports by tracey

“There is nothing surprising in the conclusion formed by the majority of the Commission on the Bill of Rights in their report, issued yesterday. A majority favours replacing the Human Rights Act 1998 (HRA) with a Bill of Rights for the UK, as the means of securing the most effective compliance by this country with its obligations under the Human Rights Convention.”

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Halsbury’s Law Exchange, 19th December 2012

Source: www.halsburyslawexchange.co.uk

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Dale Farm Travellers face eviction again – The Guardian

Posted December 20th, 2012 in appeals, gipsies, local government, news, planning, repossession by tracey

“Travellers living at the side of the road near the former Dale Farm site face being evicted for a second time after Basildon council, in Essex, voted to take ‘direct action’ to remove the families who remain.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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Romanian metal theft gang jailed – Daily Telegraph

Posted December 20th, 2012 in gangs, news, railways, sentencing, theft by tracey

“Eight Romanians who embarked on a cable theft spree, creating havoc across a swathe of the Midlands rail network, have been sentenced to a total of 23 years in prison.”

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Daily Telegraph, 19th December 2012

Source: www.telegraph.co.uk

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Terminally ill woman not consulted on hospital resuscitation order – The Guardian

Posted December 20th, 2012 in hospital orders, hospitals, medical treatment, news by tracey

“A terminally ill woman was not consulted before a notice instructing ‘do not resuscitate’ was placed with her medical records, a judge has found.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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Jimmy Savile scandal: BBC branded ‘incapable and chaotic’ – The Guardian

Posted December 20th, 2012 in BBC, inquiries, media, news, reports by tracey

“A scathing report into the BBC’s handling of a shelved Newsnight exposé of Jimmy Savile revealed a culture of ‘suspicion and mistrust’ at the corporation, riven by factions and in-fighting with ‘rigid management chains’ that rendered it ‘completely incapable’ of dealing with the scandal when it was exposed.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

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Richard Morgan jailed for killing Slater Sharkey – BBC News

“A factory worker who shook his girlfriend’s baby son to death has been jailed for seven-and-a-half years.”

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BBC News, 19th December 2012

Source: www.bbc.co.uk

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‘Nazi salute’ nurse Stephen Johnson struck off – BBC News

Posted December 20th, 2012 in disciplinary procedures, news, nurses, professional conduct by tracey

“A senior mental health nurse who performed Nazi salutes in front of patients has been struck off.”

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BBC News, 19th December 2012

Source: www.bbc.co.uk

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Conman jailed after admitting he lied as easily as he breathed’ – Daily Telegraph

Posted December 20th, 2012 in fraud, news, sentencing by tracey

“A trickster who posed as a Goldman Sachs billionaire told his victim: ‘I lie as easily as I breathe,’ the woman said yesterday.”

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Daily Telegraph, 20th December 2012

Source: www.telegraph.co.uk

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