Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

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McNally: ‘Access to justice’ doesn’t mean access to a lawyer – LegalVoice

Posted April 24th, 2013 in budgets, competition, human rights, legal aid, litigants in person, news by sally

“It was time to ‘move on’ from the ‘bruising’ LASPO debate, the Lord McNally said yesterday. The legal aid minister told delegates at an event organised by the Westminster Legal Policy Forum that this month’s cuts would save £180m per annum alone. ‘Yet on the criminal side, we’re still spending £1 billion every year. A significant proportion of this spending is swallowed up by a few very high cost cases,’ the legal aid minister added.”

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LegalVoice, 24th April 2013

Source: www.legalvoice.org.uk

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How can the courts manage the Facebook phenomenon? – UK Human Rights Blog

Posted April 24th, 2013 in children, damages, human rights, injunctions, internet, news by sally

“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

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Can Britain withdraw from the European human rights convention? – The Guardian

Posted April 24th, 2013 in human rights, news, terrorism, torture, treaties by sally

“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

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A Behaviour-based Approach to Sentencing for Sexual Offences – Criminal Law and Justice Weekly

Posted April 24th, 2013 in news, rape, sentencing, sexual offences by sally

“The Sentencing Council’s consultation paper on sexual offences sets out its intentions and the principles surrounding the way in which such offences ought to be approached by the courts. Although a new guideline is welcomed, it is disappointing that the consultation paper and the draft guideline continue in the same or a similar vein to the guidelines issued by the Sentencing Council and the Sentencing Guidelines Council in the past; they adopt a mechanistic approach which is restrictive and fails to appreciate the often complex nature of sexual offences.”

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Criminal Law and Justice Weekly, 13th April 2013

Source: www.criminallawandjustice.co.uk

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Keir Starmer to stand down as director of public prosecutions – The Guardian

Posted April 24th, 2013 in Crown Prosecution Service, legal profession, news by sally

“The director of public prosecutions, Keir Starmer QC, is to stand down after five years in the high-pressure legal post.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

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The Future of Legal Aid – Why we Need to Act Now – Garden Court Chambers Blog

Posted April 24th, 2013 in budgets, legal aid, legal representation, news by sally

“Connor Johnston, co-chair of the Young Legal Aid Lawyers, discusses the latest threats to legal aid.”

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Garden Court Chambers Blog, 24th April 2013

Source: www.gclaw.wordpress.com

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Command Papers – official-documents.gov.uk

Posted April 24th, 2013 in parliamentary papers by sally

Fee remissions for the courts and tribunals, Cm 8608 (PDF)

Automatic transfers: consolidating pension savings, Cm 8605 (PDF)

Scotland analysis: Currency and monetary policy, Cm 8594 (PDF)

Source: www.official-documents.gov.uk

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Five disabled people lose challenge over scrapped scheme that gave them independence – The Independent

Posted April 24th, 2013 in benefits, budgets, consultations, disabled persons, judicial review, news by sally

“Five disabled people have lost their High Court challenge over the Government’s decision to abolish a scheme that helps them live independently.”

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The Independent, 24th April 2013

Source: www.independent.co.uk

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BAILII: Recent Decisions

Posted April 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

BMA Special Opportunity Hub Fund Ltd & Ors v African Minerals Finance Ltd [2013] EWCA Civ 416 (23 April 2013)

Eco 3 Capital Ltd & Ors v Ludsin Overseas Ltd [2013] EWCA Civ 413 (23 April 2013)

High Court (Queen’s Bench Division)

Bateson & Anor v Savills Private Finance Ltd [2013] EWHC 719 (QB) (09 April 2013)

Solihull Metropolitan Borough Council v Burton & Ors [2013] EWHC 971 (QB) (26 March 2013)

High Court (Administrative Court)

Chuah v Nursing and Midwifery Council [2013] EWHC 894 (Admin) (23 April 2013)

Catt, R (on the application of) v Brighton & Hove City Council [2013] EWHC 977 (Admin) (23 April 2013)

Iqbal v Wandsworth County Council [2013] EWHC 875 (Admin) (23 April 2013)

Ewing v London Borough of Camden [2013] EWHC 961 (Admin) (22 April 2013)

Creed -Miles, R (on the application of) v Tower Bridge Yacht and Boat Co Ltd [2013] EWHC 853 (Admin) (17 April 2013)

Patel v Government of India & Anor [2013] EWHC 819 (Admin) (18 April 2013)

Barons Pub Company Ltd, R (on the application of) v Staines Magistrates’ Court [2013] EWHC 898 (Admin) (18 April 2013)

Zhang, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 891 (Admin) (18 April 2013)

High Court (Chancery Division)

Singh & Anor v Sanghera & Ors [2013] EWHC 956 (Ch) (22 April 2013)

High Court (Family Division)

MO v Ro & Anor [2013] EWHC 392 (Fam) (01 March 2013)

Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam) (22 February 2013)

High Court (Technology and Construction Court)

Morris Homes (West Midlands) Ltd v Keay & Anor [2013] EWHC 932 (TCC) (18 April 2013)

RWE Npower Renewables Ltd v J N Bentley Ltd [2013] EWHC 978 (TCC) (22 April 2013)

MT Højgaard A/S v E.On Climate & Renewables UK Robin Rigg East Ltd & Ors [2013] EWHC 967 (TCC) (23 April 2013)

Source: www.bailii.org

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Implementing a new framework for legal aid – Ministry of Justice

Posted April 24th, 2013 in advocacy, budgets, competition, legal aid, news by sally

“The Government wants to reduce unnecessary costs and make sure that legal aid helps those who need it the most.”

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Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

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HSBC Bank plc v Tambrook Jersey Ltd – WLR Daily

HSBC Bank plc v Tambrook Jersey Ltd [2013] EWHC 866 (Ch); [2013] WLR (D) 146

“The English court could not “assist” a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction or any intention to commence such proceedings.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

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Action on time-wasting judicial reviews – Ministry of Justice

Posted April 24th, 2013 in budgets, fees, judicial review, news, time limits by sally

“New controls will tackle the soaring number of judicial review applications being made in England and Wales.”

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Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

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Dame Julie Mellor – Constitutional Role of the Parliamentary and Health Service Ombudsman – UCL Constitution Unit

Posted April 24th, 2013 in complaints, constitutional law, health, news, ombudsmen by sally

“Dame Julie Thérèse Mellor, DBE was appointed as Parliamentary Commissioner for Administration and the Health Service Commissioner for England (Parliamentary and Health Service Ombudsman) in January 2012.

The Ombudsman is mandated to consider complaints that public bodies have not acted fairly. As a watchdog body independent of government and accountable to Parliament, its constitutional role is delicate and complex. Dame Julie will discuss that role, and how best the Ombdusman can maximize its independence and impact as a check on executive power.”

Video

UCL Constitution Unit, 23rd April 2013

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

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UK security breach study should prompt retailers to consider cyber insurance, expert says – OUT-LAW.com

Posted April 24th, 2013 in data protection, insurance, internet, news by sally

“Small and medium-sized online retailers can benefit from a ‘network of experts’ at “discounted rates” by taking out cyber liability or data breach insurance policies, an expert has said.”

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OUT-LAW.com, 23rd April 2013

Source: www.out-law.com

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Pussy energy drink ads banned over ‘sexually explicit reference’ – The Guardian

Posted April 24th, 2013 in advertising, complaints, news by sally

“Posters promoting an energy drink that featured the word ‘pussy’ in large letters have been banned by the advertising watchdog for being likely to cause serious and widespread offence.”

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The Guardian, 24th April 2013

Source: www.guardian.co.uk

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Strasbourg ties itself in knots over advertising ban – UK Human Rights Blog

Posted April 24th, 2013 in advertising, animal cruelty, competition, human rights, news, public interest by sally

“In what was a profoundly sad day for democracy, on 22 April 2013 the European Court of Human Rights found in favour of the UK government in a landmark test case concerning a TV advertisement produced by ADI in 2005, and subsequently banned under the Communications Act 2003.”

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UK Human Rights Blog, 23rd April 2013

Source: www.ukhumanrightsblog.com

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Minister pledges overhaul of ‘shameful’ child protection rules after Rochdale ‘watershed’ – Daily Telegraph

Posted April 24th, 2013 in care homes, child abuse, news, regulations, sexual offences by sally

“Rules on whether children can be placed in care homes far away from family and friends are to be overhauled in the wake of the Rochdale grooming scandal.”

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Daily Telegraph, 24hth April 2013

Source: www.telegraph.co.uk

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Civil recovery still an option in cases of complex fraud or bribery, SFO confirms – OUT-LAW.com

Posted April 24th, 2013 in assets recovery, bribery, corruption, fraud, news by sally

“The Serious Fraud Office (SFO) remains open to pursuing civil recovery where appropriate in cases of serious or complex fraud, including bribery and corruption offences, it has confirmed.”

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OUT-LAW.com, 23rd April 2013

Source: www.out-law.com

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Government pressing ahead with (most of) its proposals to restrict access to judicial review – UK Human Rights Blog

Posted April 24th, 2013 in budgets, consultations, fees, judicial review, news, time limits by sally

“The Ministry of Justice has released its response to the comments generated by the consultation paper on judicial review that was published in December. Unsurprisingly, the Government has signalled that it intends to press ahead with most of the proposals upon which it consulted.”

Full story

UK Human Rights Blog, 23rd April 2013

Source: www.ukhumanrightsblog.com

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