Three judges appointed to Supreme Court bench – The Lawyer

Posted February 26th, 2013 in judges, news, Supreme Court by sally

“The Queen has approved the latest appointment to the Supreme Court bench with Lord Justices Toulson and Hughes and Lord Hodge being promoted.”

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The Lawyer, 26th February 2013

Source: www.thelawyer.com

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Kevin Bennett killing: Three boys guilty of murder – BBC news

Posted February 26th, 2013 in murder, news, perverting the course of justice, young offenders by sally

“Three teenage boys who kicked and punched a homeless man to death have been convicted of murder at Liverpool Crown Court.”

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BBC News, 26th February 2013

Source: www.bbc.co.uk

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Compulsive liar jailed after 11 false rape claims in decade – Daily Telegraph

Posted February 26th, 2013 in news, perverting the course of justice, recidivists, sentencing by sally

“A compulsive liar made almost a dozen false claims that she was raped in nearly a decade after making her first complaint at the age of 13, a court has heard.”

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Daily Telegraph, 26th February 2013

Source: www.telegraph.co.uk

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Met rape unit encouraged woman to drop case against murderer – BBC News

Posted February 26th, 2013 in complaints, disciplinary procedures, London, news, police by sally

“A police officer at a sex crime unit encouraged a woman to drop a rape claim against a man who went on to murder his two children, a report has said.”

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BBC News, 26th February 2013

Source: www.bbc.co.uk

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BAILII: Recent Decisions

Posted February 26th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

KL, R. v [2013] EWCA Crim 98 (22 January 2013)

Ahmed, R. v [2012] EWCA Crim 99 (24 January 2013)

Rabheru, R. v [2013] EWCA Crim 137 (25 January 2013)

Evans, R. v [2013] EWCA Crim 125 (23 January 2013)

Pouladian-Kari v R [2013] EWCA Crim 158 (22 February 2013)

Court of Appeal (Civil Division)

IG Index Ltd v Ehrentreu [2013] EWCA Civ 95 (22 February 2013)

Stirling, R (on the application of) v London Borough of Haringey [2013] EWCA Civ 116 (22 February 2013)

High Court (Chancery Division)

Chemistree Homecare Ltd v Abbvie Ltd [2013] EWHC 264 (Ch) (11 February 2013)

Hunt v Hosking & Ors [2013] EWHC 311 (Ch) (22 February 2013)

High Court (Queen’s Bench Division)

Alternative Investment Solutions (General) Ltd v Valle De Uco Resort & Spa SA & Ors [2013] EWHC 333 (QB) (22 February 2013)

New Forest District Council v Owen & Ors [2013] EWHC 265 (QB) (22 February 2013)

High Court (Family Division)

TC and JC (Children: Relocation) [2013] EWHC 292 (Fam) (21 February 2013)

High Court (Commercial Court)

Navig8 PTE Ltd v Al-Riyadh Co for Vegetable Oil Industry [2013] EWHC 328 (Comm) (22 February 2013)

Source: www.bailii.org

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Salgado González v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily

Posted February 26th, 2013 in EC law, law reports, migrant workers, pensions, social services by sally

Salgado González v Instituto Nacional de la Seguridad Social (INSS) and another (Case C-282/11); [2013] WLR (D) 80

“Article 48FEU of the FEU Treaty and articles 3, 46(2)(a) and 47(1)(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (as amended), precluded legislation of a member state under which the theoretical amount of the retirement pension of a self-employed worker, migrant or non-migrant, was invariably calculated on contribution bases paid by that worker over a fixed reference period preceding the payment of his last contribution in that member state, to which a fixed divisor was applied, when it was impossible for either the duration of that period or the divisor to be adapted so as to take account of the fact that the worker concerned had exercised his right to freedom of movement.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

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Regina v Asmelash – WLR Daily

Posted February 26th, 2013 in alcohol abuse, appeals, crime, defences, homicide, law reports, murder by sally

Regina v Asmelash [2013] EWCA Crim 157; [2013] WLR (D) 79

“There was nothing in the new statutory provisions relating to the partial defence to murder of loss of self control to suggest that Parliament intended that the normal rules which applied to voluntary intoxication should not apply. That did not mean that a defendant who had been drinking was deprived of the loss of control defence, it just meant that the defence had to be approached without reference to the defendant’s voluntary intoxication.”

WLR Daily, 22nd February 2013

Source: www.iclr.co.uk

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Davis and another v Price and another – WLR Daily

Davis and another v Price and another [2013] EWHC 323 (Ch); [2013] WLR (D) 78

“Statutory demands served in respect of the liability for a debt created by an order for costs were subject to the terms of individual voluntary arrangements (‘IVAs’) proposed by the debtors and approved by creditors and therefore they should be set aside.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

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N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt – WLR Daily

Posted February 26th, 2013 in EC law, education, freedom of movement, law reports, social security by sally

N v Styrelsen for Videregående Uddannelser og Uddannelsesstøtt (Case C-46/12); [2013] WLR (D) 77

“On the proper interpretation of articles 7(1) and 24(2) of Parliament and Council Directive 2004/38, a European Union citizen who pursued a course of study in a host member state whilst at the same time engaging in effective and genuine employment activities such as to confer on him the status of ‘worker’ within the meaning of article 45FEU of the FEU Treaty could not be refused maintenance aid for studies which was granted to the nationals of that member state.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

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Banif Plus Bank Zrt v Csipai and another – WLR Daily

Posted February 26th, 2013 in consumer protection, EC law, law reports, loans, unfair contract terms by sally

Banif Plus Bank Zrt v Csipai and another (Case C-472/11); [2013] WLR (D) 76

“A national court, in order to fulfil its obligation pursuant to articles 6(1) and 7(1) of Council Directive 93/13/EEC, to assess of its own motion whether a contractual term in a consumer contract was unfair and to establish all the consequences arising under national law of such a finding, was not obliged before giving its ruling to wait for a consumer, who had been fully informed of his rights, to submit a statement requesting that that term be declared invalid.”

WLR Daily, 21st February 2013

Source: www.iclr.co.uk

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‘Wednesbury’ unreasonableness correct test for screening direction challenges, says Court of Appeal – OUT-LAW.com

“When deciding whether an environmental impact assessment (EIA) screening direction by the Secretary of State (SoS) was lawful, the appropriate test to apply is the Wednesbury unreasonableness test, the Court of Appeal has ruled.”

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OUT-LAW.com, 25th February 2013

Source: www.out-law.com

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New Vicky Pryce trial jury told to begin with clean slate – The Guardian

Posted February 26th, 2013 in harassment, married persons, news, perverting the course of justice, retrials by sally

“The retrial of Vicky Pryce, the former wife of the disgraced cabinet minister Chris Huhne, has begun, with the new jury being warned to ignore anything they already knew about the case.”

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The Guardian, 25th February 2013

Source: www.guardian.co.uk

Man who knocked 16-year-old girl unconscious in street attack jailed – Daily Telegraph

Posted February 26th, 2013 in assault, news, sentencing by sally

“A man who knocked a 16-year-old girl unconscious in a street attack because he ‘didn’t like the way she looked at him’ has been jailed for four years.”

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Daily Telegraph, 25th February 2013

Source: www.telegraph.co.uk

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Cyber security – articulating the details – OUT-LAW.com

Posted February 26th, 2013 in banking, computer crime, data protection, EC law, financial regulation, news by sally

“Businesses and governments are continuing to wrestle with the question of what can and cannot be considered ‘adequate’ IT security in compliance with regulations including data protection laws.”

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OUT-LAW.com, 25th February 2013

Source: www.out-law.com

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Peers compromise over press regulation – The Guardian

Posted February 26th, 2013 in bills, defamation, freedom of expression, media, news, parliament by sally

“Peers have staged a partial climbdown in their clash with the government over the introduction of Leveson-style controls on the press.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

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Jackson implementation lectures restart with patents court success story – Litigation Futures

Posted February 26th, 2013 in costs, courts, news, patents, speeches by sally

“Reforms to the Patents County Court (PCC) – including a costs cap – have been a “considerable success” and enabled more people to bring cases, the first Jackson implementation lecture in nearly nine months has revealed.”

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Litigation Futures, 26th February 2013

Source: www.litigationfutures.com

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Military staff fear redundancy if they complain about bullying, says report – The Guardian

Posted February 26th, 2013 in armed forces, bullying, complaints, harassment, news, redundancy, reports, unfair dismissal by sally

“Defence select committee review urges appointment of Armed Forces Ombudsman to oversee cases of victimisation.”

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The Guardian, 26th February 2013

Source: www.guardian.co.uk

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Twitter users: A guide to the law – BBC News

Posted February 26th, 2013 in anonymity, contempt of court, defamation, internet, news, sexual offences, victims by sally

“People who tweeted photos allegedly of child killer Jon Venables are being charged with contempt of court. It’s the latest in a long line of cases that suggest that ordinary social media users need to have a grasp of media law.”

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BBC News, 26th February 2013

Source: www.bbc.co.uk

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Convicted sex offender must serve 37 years for Catherine Gowing murder – The Guardian

Posted February 26th, 2013 in murder, news, rape, recidivists, sentencing, sexual offences by sally

“A convicted sex offender who admitted harbouring fantasies about imprisoning and killing women has been jailed for life for the horrific rape and murder of a vet.”

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The Guardian, 25th February 2013

Source: www.guardian.co.uk

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