High court orders new approach to Iraq abuse inquiry – The Guardian

Posted May 24th, 2013 in armed forces, human rights, inquiries, Iraq, news by tracey

“The high court has called for a new approach to an inquiry into allegations that British troops committed ‘terrifying acts of brutality’ following the invasion of Iraq.”

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The Guardian, 24th May 2013

Source: www.guardian.co.uk

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Talent show mum Amanda Webber jailed for benefit fraud – BBC News

Posted May 24th, 2013 in benefits, fraud, news, obtaining property by deception, sentencing by tracey

“A mother of eight who fraudulently received £350,000 in benefits and tax credits has been jailed for four years.”

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BBC News, 24th May 2013

Source: www.bbc.co.uk

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High Court: Sally Bercow’s Lord McAlpine tweet was libel – BBC News

Posted May 24th, 2013 in defamation, internet, news, publishing by tracey

“A tweet published by Sally Bercow about Tory peer Lord McAlpine was libellous, the High Court has ruled.”

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BBC News, 24th May 2013

Source: www.bbc.co.uk

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BAILII: Recent Decisions

Posted May 24th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Barker v Lancashire County Council [2013] EWCA Civ 582 (23 May 2013)

Newbold & Ors v The Coal Authority [2013] EWCA Civ 584 (23 May 2013)

Crinion & Anor v IG Markets Ltd [2013] EWCA Civ 587 (23 May 2013)

Delaney v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 585 (23 May 2013)

Ben Nevis (Holdings) Ltd. & Anor v Revenue & Customs [2013] EWCA Civ 578 (23 May 2013)

Court of Appeal (Criminal Division)

X Ltd, R. v [2013] EWCA Crim 818 (23 May 2013)

High Court (Administrative Court)

Mousa & Ors, R (on the application of) v Secretary of State for Defence [2013] EWHC 1412 (Admin) (24 May 2013)

High Court (Chancery Division)

Cosmichome Ltd v Southampton City Council [2013] EWHC 1378 (Ch) (23 May 2013)

High Court (Commercial Court)

Cruz City 1 Mauritius Holdings v Unitech Ltd. & Ors [2013] EWHC 1323 (Comm) (23 May 2013)

White Rosebay Shipping SA v Hong Kong Chain Glory Shipping Ltd [2013] EWHC 1355 (Comm) (23 May 2013)

High Court (Queen’s Bench Division)

Rogers & Anor v Hoyle [2013] EWHC 1409 (QB) (23 May 2013)

Ali v Ali & Ors [2013] EWHC 1233 (QB) (23 May 2013)

High Court (Technology and Construction Court)

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWHC 1322 (TCC) (23 May 2013)

Venulum Property Investments Ltd v Space Architecture Ltd & Ors [2013] EWHC 1242 (TCC) (22 May 2013)

Source: www.bailii.org

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Goodman and another v Goodman and another: In re Goodman (decd) – WLR Daily

Posted May 24th, 2013 in executors, law reports, probate, wills by tracey

Goodman and another v Goodman and another: In re Goodman (decd): [2013] EWHC 758 (Ch); [2013] WLR (D) 197

“Section 50 of the Administration of Justice Act 1985, which contained a power to replace or remove personal representatives, applied to a person named as an executor in a will but who had not been granted probate.”

WLR Daily, 18th May 2013

Source: www.iclr.co.uk

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Melzer v MF Global UK Ltd – WLR Daily

Posted May 24th, 2013 in conflict of laws, EC law, jurisdiction, law reports by tracey

Melzer v MF Global UK Ltd: (Case C-228/11); [2013] WLR (D) 196

“The special jurisdiction in matters relating to tort under article 5(3) of Council Regulation (EC) No 44/2001 was not applicable where, in a case in which several people acting in different member states took part in allegedly harmful events, the action was brought against one of them who had not acted within the jurisdiction of the court seised, on the basis of a harmful event imputed to an accomplice or joint participant who was within the jurisdiction of the court, but who was not a party to the dispute.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

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In re Tambrook Jersey Ltd; HSBC Bank plc v Tambrook Jersey Ltd – WLR Daily

Posted May 24th, 2013 in appeals, insolvency, Jersey, jurisdiction, law reports by tracey

In re Tambrook Jersey Ltd: HSBC Bank plc v Tambrook Jersey Ltd: [2013] EWCA 576; [2013] WLR (D) 193

“The English court could ‘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.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

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SS (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted May 24th, 2013 in appeals, deportation, families, human rights, immigration, law reports by tracey

SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550;   [2013] WLR (D)  192

“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted May 24th, 2013 in legislation by tracey

The Tribunal Procedure (Amendment No. 3) Rules 2013

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2013

The Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal (Amendment) Order 2013

The Protection of Freedoms Act 2012 (Commencement No. 6) Order 2013

The Mobile Homes Act 2013 (Saving Provisions) (England) Order 2013

Source: www.legislation.gov.uk

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Command Papers – official-documents.gov.uk

Posted May 24th, 2013 in parliamentary papers by tracey

International Tropical Timber, Agreement, 2006: Geneva, 27 January 2006,
Cm 8617 (PDF)

Source: www.official-documents.gov.uk

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We are ready for post-Jackson role, vows High Court judge – Litigation Futures

Posted May 24th, 2013 in budgets, costs, judges, judiciary, news, proportionality by tracey

“A High Court judge says there is a ‘real determination’ among judges to embrace their new ‘project management’ role, and dismissed fears that they are not ready for the Jackson reforms.”

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Litigation Futures, 24th May 2013

Source: www.litigationfutures.com

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Can you decide who is to be your unpaid advocate? Eleanor Battie – UK Human Rights Blog

Posted May 24th, 2013 in appeals, litigants in person, McKenzie friends, news by tracey

“RE F (CHILDREN) 14 May 2013, Court of Appeal – A topical case, this, given legal aid cutbacks. It concerns the ability of unrepresented litigants to choose those to help them out as advocates in court. Not an unconstrained right, as this case demonstrates. The High Court ruled that a judge had been entitled to refuse an application for a particular person to act as a McKenzie friend despite that individual not being present in court at the time of the application. The Court of Appeal upheld that decision.”

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UK Human Rights Blog, 24th May 2013

Source: www.ukhumanrightsblog.com

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Date cross border group relief claim is made, not end of accounting period, will determine claim success, says Supreme Court – OUT-LAW.com

Posted May 24th, 2013 in accounts, EC law, HM Revenue & Customs, news, subsidiary companies, taxation by tracey

“The date when a claim for cross border group relief is made should form the basis of a decision about one of the tests for granting that relief under EU law and not the date of the end of the accounting period in which the claim was made, the Supreme Court has ruled.”

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OUT-LAW.com, 24th May 2013

Source: www.out-law.com

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Statutes in limbo: the campaign is not won until the law has been brought fully into effect – Halsbury’s Law Exchange

Posted May 24th, 2013 in legislation, lobbying, news by tracey

“The passing of the Defamation Act 2013 was the cause of great celebration among campaigners for libel reform. This post is not concerned with the legal and social merits of that piece of legislation, which questions I will leave for more learned correspondents. No, amid all the excitement, and prompted by posts on Twitter from @JackofKent and @HalsburysStats, I was struck, as is my wont, by a seemingly minor and technical point of statute law. This post therefore concerns a more general point about the coming into force of Acts of Parliament.”

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Halsbury’s Law Exchange, 21st May 2013

Source: www.halsburyslawexchange.co.uk

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Why is Crime Falling? – Criminal Law and Justice Weekly

Posted May 24th, 2013 in crime, crime prevention, news, statistics, theft, young offenders by tracey

“Vicki Helyar-Cardwell reports on a recent debate among criminal justice experts.”

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Criminal Law and Justice Weekly, 18th May 2013

Source: www.criminallawandjustice.co.uk

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Benefits cap will have catastrophic effect on families, court will hear – The Guardian

Posted May 24th, 2013 in benefits, domestic violence, families, judicial review, news by tracey

“Families will suffer catastrophic effects and victims of domestic violence may be forced to return to their abusers, it will be argued in the first test cases challenging the government’s imposition of a £500-a-week cap on benefits. A judge has already given permission for a full judicial review of claims that involve four vulnerable families relying on welfare payments. One household is facing imminent eviction, according to documents filed at the high court.”

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The Guardian, 23rd May 2013

Source: www.guardian.co.uk

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Phone-hacking victims reject newspapers’ charter proposal – The Guardian

Posted May 24th, 2013 in charters, consultations, media, news, regulations, victims by tracey

“Some of the most prominent victims of phone-hacking have written to the culture secretary, Maria Miller, urging her to reject the royal charter proposed by the press industry, saying that it is unacceptable for ‘those responsible for the damage to our lives and the lives of others [to] seek to shrug off responsibility and once again write their own rulebook.’ ”

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The Guardian, 24th May 2013

Source: www.guardian.co.uk

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Bipolar woman wins High Court battle for right to have abortion – The Independent

Posted May 24th, 2013 in abortion, Court of Protection, mental health, news by tracey

“A pregnant woman with severe mental health problems is expected to have an abortion after a High Court judge ruled that she was capable of making the decision.”

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The Independent, 21st May 2013

Source: www.independent.co.uk

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The Hunt for Britain’s Sex Gangs – Channel 4 Dispatches

Posted May 24th, 2013 in children, gangs, news, police, sexual grooming by sally

“In 2010 Telford police allowed cameras to start filming what was to become one of the biggest child sex abuse cases in the UK.”

4oD

Channel 4 Dispatches, 23rd May 2013

Source: www.channel4.com

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Talent show mum Amanda Webber guilty of £350,000 benefit fraud – BBC News

Posted May 24th, 2013 in benefits, fraud, news, obtaining property by deception by tracey

“A mother of eight has been found guilty of fraudulently receiving more than £350,000 in benefits and tax credits.”

Full story

BBC News, 23rd May 2013

Source: www.bbc.co.uk

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