Baby P Sun libel case: social worker could recover legal costs – The Guardian

Posted January 28th, 2013 in budgets, costs, defamation, news by sally

“A social worker involved in the Baby P scandal who was facing a £300,000 shortfall in her legal bill following a successful libel action against the Sun has been told she now has a chance of recovering her costs following a landmark court of appeal judgment.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

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Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers

Posted January 28th, 2013 in care homes, Court of Protection, human rights, mental health, news by sally

On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.

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Hardwicke Chambers, 23rd January 2013

Source: www.hardwicke.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted January 28th, 2013 in legislation by sally

The Civil Legal Aid (Merits Criteria) Regulations 2013

The Uplands Transitional Payment Regulations 2013

The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013

Source: www.legislation.gov.uk

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Ordinary residence and local authority and NHS services – Hardwicke Chambers

Posted January 28th, 2013 in domicile, health, local government, news by sally

“There are two questions about residence:

1. Ordinary residence: Which public body is responsible for providing services?
2. Right of residence: Does the person’s residence and status in the UK give them a legal right to access public services?”

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Hardwicke Chambers, 24th January 2013

Source: www.hardwicke.co.uk

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BAILII: Recent Decisions

Posted January 28th, 2013 in law reports by sally

Court of Appeal (Civil Division)

West London Mental Health NHS Trust v Chhabra [2013] EWCA Civ 11 (25 January 2013)

Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 (28 January 2013)

High Court (Administrative Court)

Ali & Ors, R (on the application of) v Secretary of State for Justice [2013] EWHC 72 (Admin) (25 January 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 62 (Admin) (25 January 2013)

Saleh v Secretary of State for the Home Department [2013] EWHC 61 (Admin) (25 January 2013)

TWS, R (on the application of) v Manchester City Council [2013] EWHC 55 (Admin) (25 January 2013)

High Court (Chancery Division)

RVB Investments Ltd v Bibby [2013] EWHC 65 (Ch) (25 January 2013)

SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch) (25 January 2013)

High Court (Queen’s Bench Division)

Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)

Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)

High Court (Family Division)

Cambra v Jones & Ors [2013] EWHC 88 (Fam) (25 January 2013)

BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)

High Court (Commercial Court)

Navig8 PTE Limited v Al -Riyadh Co [2012] EWHC 3925 (Comm) (17 December 2012)

Source: www.bailii.org

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Positive obligations to provide access to information under the European Convention on Human Rights – 11 KBW

Posted January 28th, 2013 in data protection, human rights, news by sally

“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”

Full story (PDF)

11 KBW, 28th January 2013

Source: www.11kbw.com

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Criminals could avoid court under new ‘proportionality’ test – Daily Telegraph

Posted January 28th, 2013 in codes of practice, Crown Prosecution Service, news, prosecutions by sally

“More criminals will be let off without going to court as prosecutors assess whether the cost of any trial would be worth it under the biggest shake-up of the rules for 20 years.”

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Daily Telegraph, 28th January 2013

Source: www.telegraph.com

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Gift vouchers ~ Can consumer protection be tightened? – 11 Stone Buildings

Posted January 28th, 2013 in consumer protection, insolvency, news by sally

“The selling of gift vouchers by distressed retailers such as Comet, Jessops and HMV, in the run up to going into administration has been the subject of much adverse comment in the media in recent weeks. Consumers always seem to be pulling the short straw. Why is this and can anything be done to protect their position better?”

Full story

11 Stone Buildings, January 2013

Source: www.11sb.com

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Family Justice Board action plan – Ministry of Justice

Posted January 28th, 2013 in children, families, family courts, news by sally

“This plan sets out the actions the Board and its partners will take to achieve the Government’s vision of a family justice system that supports the delivery of the best possible outcomes for all children who come into contact with it.”

Action Plan to Improve the Performance of the Family Justice System (PDF)

Ministry of Justice, 24th January 2013

Source: www.justice.gov.uk

Court of Appeal overturns Senior Costs Judge and allows recovery of £300,000 budget overspend – Litigation Futures

Posted January 28th, 2013 in appeals, budgets, costs, defamation, news by sally

“A social worker involved in the Baby P case can recover £300,000 in costs from a successful libel claim against The Sun after the Court of Appeal ruled that she had good reason to depart from the court-approved costs budget, the Court of Appeal has ruled.”

Full story

Litigation Futures, 28th January 2013

Source: www.litigationfutures.com

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Changes to Public Access Training Announced – Bar Standards Board

“Public access barrister training is to be overhauled under proposals announced by the Bar Standards Board today.”

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Bar Standards Board, 28th January 2013

Source: www.barstandardsboard.org.uk

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Sir Leigh Lewis KCB – Prospects for a British Bill of Rights – UCL Constitution Unit

Posted January 28th, 2013 in constitutional law, human rights, news by sally

“The Commission on a Bill of Rights was established in March 2011 and mandated to investigate the creation of a UK Bill of Rights which draws upon current ECHR obligations. On 18 December 2012, the Commission published its report. Seven of the nine committee members advocated the creation of a UK Bill of Rights, while the two dissenting members have voiced concerns that a Bill could be used as a means of decoupling the UK from the ECHR. The Commission’s Chair, Sir Leigh Lewis KCB, will discuss the report’s findings and likely impact.”

Video

UCL Constitution Unit, 26th January 2013

Source: www.ucl.ac.uk/constitution-unit

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Why government reforms on employment law make little sense – Law Society’s Gazette

“There were some statistics that private equity pioneer Adrian Beecroft did not include in his highly controversial report on employment law published last year. The number of claims brought by employees in employment tribunals fell from 236,000 in 2009-10 to 186,000 in 2011-12. The number of claims for both sex and age discrimination has almost halved. And the median award for most types of claim remains low, at around £5,000 (two months’ average pay). Given that these figures relate to a period of acute economic turbulence, they are counterintuitive.”

Full story

Law Society’s Gazette, 28th January 2013

Source: www.lawgazette.co.uk

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Snelling and another v Burstow Parish Council – WLR Daily

Posted January 28th, 2013 in law reports, local government, sale of land by sally

Snelling and another v Burstow Parish Council [2013] EWHC 46 (Ch); [2013] WLR (D) 27

Garden allotments which came under the management of the parish council by virtue of section 33(4) of the Small Holdings and Allotments Act 1908 were intended to be governed exclusively by the powers set out in section 26 and onwards of that Act. Accordingly, the parish council’s power to sell the allotments was the power conferred by section 32 of the 1908 Act, subject to obtaining the consent of the Secretary of State for Communities and Local Government pursuant to section 8 of the Allotments Act 1925, and not the power under section 27 of the Commons Act 1876.

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

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Hamilton v Hamilton – WLR Daily

Hamilton v Hamilton [2013] EWCA Civ 13; [2013] WLR (D) 26

“An order in ancillary relief proceedings for the payment of a series of lump sums over time was not necessarily an order for a lump sum by instalments, within section 23(3)(c) of the Matrimonial Causes Act 1973, and therefore variable under section 31 of the 1973 Act.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

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Milton Keynes Borough Council v Nulty, decd and others – WLR Daily

Posted January 28th, 2013 in appeals, burden of proof, causation, fire, insurance, law reports, negligence by sally

Milton Keynes Borough Council v Nulty, decd and others [2013] EWCA Civ 15; [2013] WLR (D) 25

“There was no rule of law that if the only other possible causes of an event were very much less likely than one suggested means of causation, that became the probable cause; the court had to be satisfied on rational and objective grounds that the case for believing that the suggested means of causation occurred was stronger than the case for not so believing.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

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ICO to change cookie policy to recognise implied consent – OUT-LAW.com

Posted January 28th, 2013 in consent, internet, news, ombudsmen, privacy by sally

“The UK’s privacy watchdog will no longer require individuals’ explicit consent in order to serve them with ‘cookies’ when they visit its website.”

Full story

OUT-LAW.com, 28th January 2013

Source: www.out-law.com

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Scores of violent offenders able to walk out of jail – Daily Telegraph

“Scores of Britain’s most dangerous criminals have walked out of open prisons over the past year, official statistics disclosed yesterday.”

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Daily Telegraph, 28th January 2013

Source: www.telegraph.co.uk

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Justice minister admits five children were detained in adult jails – The Independent

Posted January 28th, 2013 in children, mental health, news, prisons, United Nations, young offenders by sally

“Five children have been placed in adult prisons, breaking an international treaty on children’s rights, it has emerged. The Youth Justice minister, Jeremy Wright, admitted the under-18s had been transferred from youth custody to adult prisons in 2011, in answer to a parliamentary question earlier this month.”

Full story

The Independent, 27th January 2013

Source: www.independent.co.uk

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Women’s centres give vital help to ex-convicts. So why cut them? – The Guardian

Posted January 28th, 2013 in budgets, housing, news, prisons, women by sally

“Most women prisoners have committed non-violent crimes. On being released, many want to start new lives but get little or no support. In 2008, that was all supposed to change. Yet today there is anger and frustration at lack of action, and the destructive potential of cutbacks.”

Full story

The Guardian, 27th January 2013

Source: www.guardian.co.uk

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