Yes, suspects are sometimes innocent – but secret arrests are not the answer – The Guardian

Posted April 10th, 2013 in contempt of court, damages, judiciary, media, news, privacy by sally

“Senior judges support a blanket ban on naming defendants, but public must understand there can be smoke without fire.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

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New equality guidance “recommends best practice” rather than creates new rights, says expert – OUT-LAW.com

Posted April 10th, 2013 in belief discrimination, employment, equality, freedom of expression, news by sally

“Guidance on how employers should deal with requests made by employees in relation to religion or belief does not create new rights, but rather recommends ‘good practice’ to help employers comply with existing laws, an expert has said.”

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OUT-LAW.com, 10th April 2013

Source: www.out-law.com

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Expert witness ruling a blow to children, Society warns – Law Society’s Gazette

Posted April 10th, 2013 in children, costs, expert witnesses, family courts, legal aid, news by sally

“Children involved in family law cases will face extra uncertainty following a High Court ruling on the funding of expert witnesses, the Law Society has warned.”

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Law Society’s Gazette, 10th April 2013

Source: www.lawgazette.co.uk

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Has the government broken the law over disability benefit changes? – The Guardian

Posted April 10th, 2013 in benefits, disabled persons, judicial review, news, regulations by sally

“Three disabled people have this week launched a challenge in the high court against the government’s new personal independence payment (PIP) regulations, which replace disability living allowance (DLA). In particular, the three are challenging the government’s last-minute change to the PIP regulations. Up until Monday claimants who could not walk 50 metres were entitled to DLA. The new PIP regulations reduce the distance to only 20 metres.”

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The Guardian, 10th April 2013

Source: www.guardian.co.uk

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Judiciary urges caution on contempt – Law Society’s Gazette

Posted April 10th, 2013 in consultations, contempt of court, judiciary, news, publishing by sally

“Proceedings against publishers and jury members should be the very ‘last measure’ taken where contempt of court is alleged, the judiciary has said in its response to a law commission consultation.”

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Law Society’s Gazette, 10th April 2013

Source: www.lawgazette.co.uk

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Bar Council responds to MoJ legal aid announcements – The Bar Council

Posted April 10th, 2013 in advocacy, competition, criminal justice, legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has responded to today’s Ministry of Justice (‘MoJ’) announcement on legal aid.”

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The Bar Council, 9th April

Source: www.barcouncil.org.uk

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The CBA misunderstand and are misrepresenting QASA warns the BSB – Bar Standards Board

Posted April 10th, 2013 in competition, legal aid, legal representation, news, tenders by sally

“Yesterday’s Criminal Bar Association message contains some unhelpful inaccuracies which the Bar Standards Board needs to correct.”

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Bar Standards Board, 9th April 2013

Source: www.barstandardsboard.org.uk

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Regina (Ismail) v Secretary of State for the Home Department – WLR Daily

Regina (Ismail) v Secretary of State for the Home Department [2013] EWHC 663 (Admin); [2013] WLR (D) 133

“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”

WLR Daily, March 2013

Source: www.iclr.co.uk

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McDaid v Nursing and Midwifery Council – WLR Daily

Posted April 10th, 2013 in appeals, evidence, law reports, midwives, professional conduct, whistleblowers by sally

McDaid v Nursing and Midwifery Council [2013] EWHC 586 (Admin); [2013] WLR (D) 132

“A professional conduct adjudication panel which had exceptionally decided to proceed in the absence of the accused was bound, in particular, to take reasonable steps to expose weaknesses in the case against the accused and to make such points on her behalf as the evidence permitted.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted April 10th, 2013 in news by sally

Court of Appeal (Civil Division)

Interflora Inc & Anor v Marks & Spencer Plc (Rev 1) [2013] EWCA Civ 319 (05 April 2013)

High Court (Queen’s Bench Division)

ZAM v CFW & Anor [2013] EWHC 662 (QB) (26 March 2013)

Houchin v Lincolnshire Probation Trust [2013] EWHC 794 (QB) (09 April 2013)

High Court (Administrative Court)

Skrytek v Secretary of State for Communities and Local Government & Ors [2013] EWHC 733 (Admin) (28 March 2013)

High Court (Technology and Construction Court)

Heifer International Ltd v Christiansen & Anor [2013] EWHC 721 (TCC) (09 April 2013)

Willmott Dixon Housing Ltd v Newlon Housing Trust [2013] EWHC 798 (TCC) (09 April 2013)

Source: www.bailii.org

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Command Papers – official-documents.gov.uk

Posted April 10th, 2013 in parliamentary papers by sally

Renting Homes in Wales, Cm 8578 (PDF)

Statement of changes in Immigration Rules, Cm 8599 (PDF)

Draft Dangerous Dogs (Amendment) Bill, Cm 8601 (PDF)

Source: www.official-documents.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted April 10th, 2013 in news by sally

The Immigration (Notices) (Amendment) Regulations 2013

The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013

The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013

The Localism Act 2011 (Commencement No. 9) Order 2013

Source: www.legislation.gov.uk

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Two men guilty of terror charges – BBC News

Posted April 10th, 2013 in conspiracy, guilty pleas, news, terrorism by sally

“Two men from Birmingham have pleaded guilty to being part of a terrorist cell whose leaders were planning a suicide bomb attack in the UK.”

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BBC News, 10th April 2013

Source: www.bbc.co.uk

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Stamp duty land tax sub-sale relief scheme failed because a novation was not a transfer of rights, according to Tribunal – OUT-LAW.com

Posted April 10th, 2013 in contracts, news, stamp duty, tax avoidance, tribunals by sally

A scheme to avoid stamp duty land tax (SDLT) on the purchase of a London house, involving a novation of a contract, failed because SDLT sub-sale relief was only available where there was a transfer of rights and a novation was not a transfer of rights, according to a decision of the First Tier Tax Tribunal.

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OUT-LAW.com, 10th April 2013

Source: www.out-law.com

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MoJ unveils tendering plans for criminal defence – Law Society’s Gazette

“Defendants will lose the right to choose their lawyer and instead be allocated a representative, under government plans to introduce price-competitive tendering (PCT) for criminal defence services.”

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Law Society’s Gazette, 9th April 2013

Source: www.lawgazette.co.uk

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London Metropolitan University continues legal fight over foreign students – Daily Telegraph

Posted April 10th, 2013 in immigration, judicial review, news, universities, visas by sally

“A university which was stripped of its licence to bring overseas students into Britain is refusing to drop a legal challenge against Theresa May, the Home Secretary, even though its ability to sponsor foreigners was restored yesterday.”

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Daily Telegraph, 9th April 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

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Law Society president on legal aid change – BBC News

Posted April 10th, 2013 in budgets, immigration, legal aid, news, prisons by sally

“The government has proposed cutting legal aid for prisoners, newly-arrived immigrants and people with incomes of more £37,500 to reduce the overall bill.”

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BBC News, 9th April 2013

Source: www.bbc.co.uk

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Margaret Thatcher and the Constitution – UK Human Rights Blog

“The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.”

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UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

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Individuals’ consent ‘almost always’ required by firms when using personal data in big data projects centred on profiling, says watchdog – OUT-LAW.com

Posted April 10th, 2013 in consent, data protection, EC law, news, privacy by sally

“Organisations ‘almost always’ require individuals’ ‘free, specific, informed and unambiguous ‘opt-in’ consent’ in order to make use of personal data they have previously collected in ‘big data’ projects that involve analysing or predicting the ‘personal preferences, behaviour and attitudes of individual customers’, an EU privacy watchdog has said.”

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OUT-LAW.com, 9th April 2013

Source: www.out-law.com

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Making legal aid fairer for taxpayers – Ministry of Justice

Posted April 10th, 2013 in budgets, consultations, criminal justice, legal aid, legal representation, news by sally

“Plans to boost public confidence in the legal aid system and tackle towering bills have today been put out to consultation by Justice Secretary Chris Grayling.”

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Ministry of Justice, 9th April 2013

Source: www.justice.gov.uk

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