Army accused of ‘wrongly punishing’ 1,400 soldiers – BBC News

“Some 1,400 soldiers who were cautioned by the police may have been unfairly penalised after an error by the Army led to them being wrongly disciplined.”

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BBC News, 7th January 2013

Source: www.bbc.co.uk

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Mother jailed for life for beating son to death for not learning Qur’an – The Guardian

“A mother who beat her seven-year-old son to death for failing to learn the Qur’an by heart and then burned his body in an attempt to hide her crime has been jailed for life.”

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The Guardian, 7th January 2013

Source: www.guardian.co.uk

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Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily

Posted January 7th, 2013 in appeals, judicial review, law reports, registrars by sally

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 (Admin); [2013] WLR (D) 3

“A Scientologist chapel was not a place of meeting for religious worship for the purposes of section 2 of the Places of Worship Registration Act 1855.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Hackney Empire Ltd v Aviva Insurance Ltd – WLR Daily

Posted January 7th, 2013 in appeals, contracts, damages, guarantees, law reports, surety by sally

Hackney Empire Ltd v Aviva Insurance Ltd [2012] EWCA Civ 1716; [2013] WLR (D) 2

“The rule in Holme v Brunskill (1878) 3 QBD 495, permitting the discharge of a surety’s liability under a guarantee, only applied where the parties to the principal contract guaranteed had varied the terms of that contract without the surety’s consent.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Regina v Faraz – WLR Daily

Posted January 7th, 2013 in admissibility, appeals, evidence, incitement, law reports, terrorism by sally

Regina v Faraz [2012] EWCA Crim 2820; [2013] WLR (D) 1

“Where a defendant was charged with disseminating terrorist publications via a bookshop and associated website which he managed, evidence that named terrorist offenders had possessed similar material was only admissible, if at all, for the very limited purpose of demonstrating that among the readership of the bookshop and website’s publications were people who were prepared to commit terrorist acts. But if the evidence was admitted for that purpose, it was relevant only to the question whether such people were likely to regard the contents of the publication as encouragement to commit terrorist acts. It was not admissible in proof of the fact that people had been so encouraged. It was essential that the judge direct the jury as to the limitations and pitfalls of such evidence.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

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Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) – WLR Daily

Golden Eye (International) Ltd and others v Telefόnica UK Ltd (Open Rights Group, intervening) [2012] EWCA Civ 1740; [2012] WLR (D) 396

“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

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Royds LLP v Pine – WLR Daily

Posted January 7th, 2013 in appeals, law reports, oral hearings, practice directions by sally

Royds LLP v Pine [2012] EWCA Civ 1734; [2012] WLR (D) 395

“Where a litigant was entitled to a hearing of a renewed application for permission to appeal to the High Court but for good reason was unable to attend court, listing the application for consideration on the papers before another judge was a proper course to take. In an appropriate case the court had power to dispense with an oral hearing and to determine the matter on the papers, or to proceed with an oral hearing and give judgment in the applicant’s absence.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Geys v Société Générale, London Branch – WLR Daily

Posted January 7th, 2013 in appeals, contract of employment, dismissal, law reports by sally

Geys v Société Générale, London Branch [2012] UKSC 63; [2012] WLR (D) 394

“An immediate and express repudiation of a contract of employment only terminated the contract if and when the other party elected to accept the repudiation.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another – WLR Daily

Posted January 7th, 2013 in appeals, deportation, immigration, judicial review, law reports, proportionality by sally

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another [2012] EWCA 1718; [2012] WLR (D) 393

“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

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Football Association Premier League Ltd v QC Leisure and others – WLR Daily

Posted January 7th, 2013 in copyright, EC law, interpretation, law reports, sport, telecommunications by sally

Football Association Premier League Ltd v QC Leisure and others [2012] EWCA Civ 1708; [2012] WLR (D) 392

“Section 72(1)(c) of the Copyright, Designs and Patents Act 1988, as amended, which provided, inter alia, that the showing or playing in public of a broadcast to an audience who had not paid for admission to the place where the broadcast was to be seen or heard did not infringe any copyright in any film included in it, provided a defence to the act of communicating a film included in a broadcast to the public, which would otherwise be an act restricted by copyright under section 20 of the Act.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

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Dalmare SpA v Union Maritime Ltd and another – WLR Daily

Dalmare SpA v Union Maritime Ltd and another [2012] EWHC 3537 (Comm); [2012] WLR (D) 391

“Section 14(2) of the Sale of Goods Act 1979 implied a term into a memorandum of agreement for the sale of a vessel sold ‘as she was’ that the goods would be of satisfactory quality.”

WLR Daily, 13th December 2012

Source: www.iclr.co.uk

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More justice dispensed via video – Ministry of Justice

Posted January 7th, 2013 in evidence, live link evidence, news, police, witnesses by sally

“Communities across the country will be benefitting from swift and effective justice as thousands more court appearances will take place via video-link technology, Justice and Policing Minister Damian Green said today [3 January].”

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Ministry of Justice, 3rd January 2013

Source: www.justice.gov.uk

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Finance and Divorce January Update – Family Law Week

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse December’s financial remedies and divorce news and cases.”

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Family Law Week, 4th January 2013

Source: www.familylawweek.co.uk

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Courtroom Drama – BBC Unreliable Evidence

Posted January 7th, 2013 in legal profession, legal services, news, theatre by sally

“Following the return of Rumpole to Radio 4, Clive Anderson and his guests discuss how accurately the legal world is depicted in stage and screen dramas. And they discuss the issues which arise when the distinctions between fiction and fact – between Rumpole and reality – become blurred in the public’s mind.”

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BBC Unreliable Evidence, 29th December 2012

Source: www.bbc.co.uk

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How the workplace will change in 2013 – OUT-LAW.com

“What changes can workers expect from their employers in the coming year? Employment law expert Edward Goodwyn of Pinsent Masons, the law firm behind Out-Law.com, looks ahead to some significant changes.”

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OUT-LAW.com, 4th January 2013

Source: www.out-law.com

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‘Terrorists’ favourite bookseller’ has conviction quashed – Daily Telegraph

Posted January 7th, 2013 in appeals, incitement, news, terrorism by sally

“A man once described as the ‘terrorists’ favourite bookseller’ has had his conviction for selling books about Jihad quashed.”

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Daily Telegraph, 5th January 2013

Source: www.telegraph.co.uk

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Keep new police commissioners at arm’s length, magistrates warned – The Guardian

Posted January 7th, 2013 in codes of practice, judges, judiciary, magistrates, news, police by sally

“A senior judge has warned magistrates to maintain their distance from police and crime commissioners (PCCs), in the latest demonstration of unease about the recently elected new posts.”

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The Guardian, 5th January 2013

Source: www.guardian.co.uk

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Bang to human rights – The Lawyer

Posted January 7th, 2013 in human rights, judicial review, legal aid, legislation, news, reports by sally

“On the one hand the former Lord Chancellor Ken Clarke declared London’s courts to be among the best of British exports, while on the other the Ministry of Justice (MoJ) tore up the legal aid budget. Then there was the proposed crackdown on judicial reviews, while the personal injury sector has seen its business model declared dead, with no detail on an alternative forthcoming.”

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The Lawyer, 7th January 2013

Source: www.thelawyer.com

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DIY divorces set to surge as legal aid vanishes – The Independent

Posted January 7th, 2013 in budgets, dispute resolution, divorce, legal aid, litigants in person, news by sally

“On the eve of ‘D-Day’ – that’s Divorce Day, the first Monday back to work after the festive period, when warring couples are more likely to register for a divorce – lawyers warn that tens of thousands of people could find splitting up harder and more costly this year. And the number of those turning to ‘DIY divorce kits’ is expected to surge.”

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The Independent, 6th January 2012

Source: www.independent.co.uk

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Criminals should spend longer in jail, says Chris Grayling – The Guardian

Posted January 7th, 2013 in budgets, early release, news, prisons, sentencing by sally

“Criminals should spend longer in jail and not be automatically released after serving half their sentence, the justice secretary has said.”

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The Guardian, 5th January 2013

Source: www.guardian.co.uk

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