Torture victims win test case over detention in UK immigration centres – The Guardian

Posted May 21st, 2013 in asylum, compensation, detention, immigration, news, torture, victims by sally

“The Home Office has been ordered by the high court to pay compensation to four torture survivors who were unlawfully held in British immigration detention centres.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

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Alison L. Young: Fact/Law – a Flawed Distinction? – UK Constitutional Law Group

Posted May 21st, 2013 in civil justice, criminal injuries compensation, news, Supreme Court, VAT by sally

“If prizes were awarded to ‘Distinctions in English law’, then a good contender for the ‘lifetime achievement’ award would be the distinction between ‘law’ and ‘fact’. Whilst adventurers have their Swiss Army knife, and the Dr has his sonic screwdriver, lawyers have the multi-purpose malleable ‘law/fact’ distinction which is just as capable of opening or closing avenues of review, or providing a deus ex machina ‘get out of jail free’ card – or so a perusal of two recent decisions of the Supreme Court might have us believe.”

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UK Constitutional Law Group 21st May 2013

Source: www.ukconstitutionallaw.org

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Public has right to know Boris Johnson fathered child during affair, court rules – The Guardian

Posted May 21st, 2013 in appeals, injunctions, media, news, paternity, privacy, public interest by sally

“The public has a right to know that Boris Johnson had an extramarital affair with a woman who later gave birth to their daughter, the appeal court has ruled.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

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Benjamin Roach sentenced to seven years for baby death – BBC News

Posted May 21st, 2013 in children, homicide, news, sentencing by sally

“A man who killed his four-week-old daughter by shaking her violently has been jailed for seven years.”

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BBC News, 21st May 2013

Source: www.bbc.co.uk

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Leslie Thomas: a voice for the dead – The Guardian

“Witnessing blatant police cruelty convinced the award-winning lawyer to make deaths in custody his life’s work.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

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Female police officer offered ‘pink gun’ wins £20K in compensation – Daily Telegraph

Posted May 21st, 2013 in compensation, firearms, news, police, pornography, sex discrimination, tribunals by sally

A female police firearms officer tricked into opening a filing cabinet full of porn and offered a “pink gun” as a weapon has been awarded £20,000 in compensation.

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Daily Telegraph, 21st May 2013

Source: www.telegraph.co.uk

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Disabled woman died after NHS blunders, ombudsman finds – The Guardian

Posted May 21st, 2013 in disabled persons, doctors, health, hospitals, news, ombudsmen, reports by sally

“A catalogue of mistakes by an out-of-hours GP service and a hospital contributed to the death of a young woman with physical and learning disabilities, the NHS ombudsman says on Tuesday in a highly critical report that has led to fresh claims of prejudicial attitudes leading to poor care for such vulnerable patients.”

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The Guardian, 21st May 2013

Source: www.guardian.co.uk

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Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Posted May 21st, 2013 in civil procedure rules, evidence, law reports, reports by sally

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 936 (Ch); [2013] WLR (D) 183

“CPR Pt 35 controlled the giving of evidence by experts as so defined and did not control the admission of other types of evidence which might be described as expert evidence.”

WLR Daily, 15th April 2013

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted May 21st, 2013 in law reports by sally

Court of Appeal (Civil Division)

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554 (20 May 2013)

Trail Riders Fellowship & Anor, R (on the application of) v Dorset County Council & Ors [2013] EWCA Civ 553 (20 May 2013)

High Court (Administrative Court)

Commissioner of Police of the Metropolis v The Police Medical Appeal Board [2013] EWHC 1203 (Admin) (17 May 2013)

Rehman, R (on the application of) v Secretary of State of the Home Department [2013] EWHC 1280 (Admin) (17 May 2013)

Source: www.bailii.org

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7 out of 10 of the British public fear legal aid cuts will lead to injustice – The Bar Council

“A ComRes poll, commissioned by the Bar Council, which represents barristers in England and Wales, today shows that seven out of ten (71%) of the British public are concerned that cuts to legal aid could lead to innocent people being convicted of crimes they did not commit. The poll, published this morning, also shows that two-thirds (67%) of the British public agree that legal aid is a price worth paying for living in a fair society.”

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The Bar Council, 21st May 2013

Source: www.barcouncil.org.uk

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Cross-government reforrms benefit charities and mutuals – Ministry of Justice

Posted May 21st, 2013 in charities, news, probation, rehabilitation by sally

“A comprehensive package of measures to help the voluntary sector and mutuals compete for contracts to cut reoffending was announced today by the Cabinet Office and the Ministry of Justice.”

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Ministry of Justice, 21st May 2013

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

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When do the secular courts protect the rights of a minister of religion? When is a minister of religion called by God to a non-contractual relationship and when does she do her job under a contract? – Employment Law Blog

“The Supreme Court held in The President of the Methodist Conference v Preston that a Methodist minister was not an employee and therefore had no claim for unfair dismissal.”

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Employment Law Blog, 20th May 2013

Source: www.employment11kbw.com

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Shurely shome mishtake? – 4 New Square

Posted May 21st, 2013 in mistake, news, setting aside, Supreme Court, taxation, trusts by sally

“The Supreme Court’s decision on mistake and the flawed exercise of discretion by trustees, and the impact of the decision on professional advisers and their insurers.”

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4 New Square, 17th May 2013

Source: www.4newsquare.com

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Police swabbing of child DNA excessive, says charity – BBC News

Posted May 21st, 2013 in children, DNA, freedom of information, news, police, reports by sally

“Police in England and Wales have taken DNA samples from children every 10 minutes, figures obtained using freedom of information requests suggest.”

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BBC News, 20th May 2013

Source: www.bbc.co.uk

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Command Papers – official-documents.gov.uk

Posted May 21st, 2013 in parliamentary papers by sally

Scotland analysis: Financial services and banking, Cm 8630 (PDF)

Armed Forces’ Pay Review Body Supplement to the Forty-Second Report 2013, Cm 8632 (PDF)

Post-legislative assessment of the Health and Social Care Act 2008, Cm 8625 (PDF)

Government Response to the Environmental Audit Committee’s Report on the Energy Intensive Industries Compensation Scheme, Cm 8618 (PDF)

Source: www.official-documents.gov.uk

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Multiple Derivative Actions in Company Law – Can You Or Can’t You? – New Square Chambers

Posted May 21st, 2013 in company law, derivative claims, fraud, news, subsidiary companies by sally

“It has long been recognised in English law that as an exception to the rule in Foss v Harbottle a member of a company may bring an action on its behalf against wrongdoers who exert control over the company and who are preventing it from enforcing its rights, i.e. the single derivative action. A multiple derivative action potentially arises where the proposed claimant is not a member of the wronged company but is a member of the ultimate holding company. Since the coming into force of the Companies Act 2006, there has been considerable debate as to whether that legislation removed the common law double derivative action or even, in some quarters, whether such a common law action ever existed.”

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New Square Chambers, 17th May 2013

Source: www.newsquarechambers.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted May 21st, 2013 in legislation by sally

The CRC Energy Efficiency Scheme Order 2013

The G8 Summit (Immunities and Privileges) Order 2013

The Social Security (Contributions) (Amendment No. 2) Regulations 2013

The Welfare Reform Act 2012 (Consequential Amendments) Regulations 2013

The Fire and Rescue Services (Appointment of Inspector) (England) Order 2013

The Financial Conglomerates and Other Financial Groups (Amendment) Regulations 2013

Source: www.legislation.gov.uk

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Workfare and the First-tier Tribunal – Panopticon

Posted May 21st, 2013 in employment, freedom of information, news, tribunals by sally

“Employment programmes for welfare recipients – often referred to as ‘workfare’ – are highly controversial. In Department for Work and Pensions v Information Commissioner and Zola (EA/2012/0207,0232 and 0233), the First-tier Tribunal considered three FOIA requests for information about companies participating in such programmes. The Tribunal ordered disclosure, rejecting the Department’s reliance on the exemptions in FOIA section 43(2) (prejudice to commercial interests) and section 36(2)(c) (prejudice to the effect conduct of public affairs).”

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Panopticon, 20th May 2013

Source: www.panopticonblog.com

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Arrested suspects should retain anonymity, police told – BBC News

Posted May 21st, 2013 in anonymity, freedom of expression, media, news, police by sally

“Police in England and Wales should not name arrested people until they are charged except in ‘clearly identified circumstances’ such as when there is a threat to life, new guidance says.”

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BBC News, 20th May 2013

Source: www.bbc.co.uk

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Judge to rule if man can refuse help for cancer – Daily Telegraph

Posted May 21st, 2013 in cancer, Court of Protection, medical treatment, mental health, news by sally

“A judge has been asked to decide if a man who suffers from a chronic mental illness should be treated for possible testicular cancer after he refused the treatment recommended by doctors.”

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Daily Telegraph, 20th May 2013

Source: www.telegraph.co.uk

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