Banks obliged to cancel recurring payments – The Guardian

“Banks will be required to cancel continuous payments often used by gyms and payday lenders when asked to do so by customers, following an investigation by the Financial Conduct Authority (FCA).”

Full story

The Guardian, 28th June 2013

Source: www.guardian.co.uk

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Bath hotel firm fined over unsafe window cleaner – BBC News

Posted June 28th, 2013 in costs, fines, health & safety, hotels, news by tracey

“A restaurant and hotel firm has been fined £15,000 after a window cleaner was
filmed balancing precariously on a ledge outside one of its buildings.”

Full story

BBC News, 28th June 2013

Source: www.bbc.co.uk

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Double jeopardy case: Wendell Baker jailed for pensioner rape – BBC News

Posted June 28th, 2013 in DNA, double jeopardy, news, rape, sentencing by tracey

“A man convicted under the amended double jeopardy law of raping a pensioner has been jailed for life.”

Full story

BBC News, 28th June 2013

Source: www.bbc.co.uk

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BAILII: Recent Deicsions

Posted June 28th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

AR (Iran), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 778 (28 June 2013)

RM (Zimbabwe) v Secretary of State for the Home Department [2013] EWCA Civ 775 (28 June 2013)

Intrigue Shipping Inc & Ors v Nikitin & Ors [2013] EWCA Civ 749 (27 June 2013)

Court of Appeal (Criminal Division)

Saunders & Ors v R [2013] EWCA Crim 1027 (28 June 2013)

Lawrence, R v [2013] EWCA Crim 1054 (28 June 2013)

Edmondson & Ors v R. [2013] EWCA Crim 1026 (28 June 2013)

Tahery, R. v [2013] EWCA Crim 1053 (27 June 2013)

Austin, R. v [2013] EWCA Crim 1028 (27 June 2013)

McNally v R. [2013] EWCA Crim 1051 (27 June 2013)

High Court (Administrative Court)

Simpson & Ors, R (on the application of) v Chief Constable of Greater Manchester Police [2013] EWHC 1858 (Admin) (28 June 2013)

Derbyshire County Council v High Peak Magistrates’ Court [2013] EWHC 1762 (Admin) (27 June 2013)

Secretary of State for Foreign & Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 1786 (Admin) (27 June 2013)

High Court (Family Division)

UL v BK [2013] EWHC 1735 (Fam) (24  June 2013)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2013] EWHC 1790 (TCC) (27 June 2013)

Igloo Regeneration (General Partner) Ltd & Ors v Powell Williams Partnership [2013] EWHC 1718 (TCC) (24 June 2013)

Source: www.bailii.org.uk

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Ian Brady should stay in psychiatric hospital, tribunal rules – The Guardian

Posted June 28th, 2013 in imprisonment, mental health, news, prisons, tribunals by tracey

“The Moors murderer Ian Brady should stay in psychiatric hospital, a mental health tribunal has ruled. The judge-led panel decided Brady was still sufficiently mentally ill to continue holding him at Ashworth secure mental hospital in Merseyside, where he has been since 1985.”

Full story

The Guardian, 28th June 2013

Source: www.guardian.co.uk

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Phone hacking: Go-ahead for Brooks and Coulson cases – BBC News

Posted June 28th, 2013 in costs, interception, media, news, prosecutions, telecommunications by tracey

“Five former News of the World staff members, including ex-editors Rebekah Brooks
and Andy Coulson, have lost a legal attempt to block their prosecution on phone
hacking charges.”

Full story

BBC News, 28th June 2013

Source: www.bbc.co.uk

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New directors’ pay reporting requirements on course for October as final regulations published – OUT-LAW.com

Posted June 28th, 2013 in company directors, company law, news, remuneration, reports by tracey

“Changes to the information that companies must include in their remuneration
reports are set to come into force from 1 October following the Government’s
publication of the final rules.”

Full story

OUT-LAW.com, 27th June 2013

Source: www.out-law.com

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The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs; King’s College London v Same – WLR Daily

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs: King’s College London v Same: [2013] EWCA Civ 753;   [2013] WLR (D)  255

“Where a charity contributed to the purchase of a property, to be held on trust for it and other, non-charitable, contributors in proportion to their contributions, the ‘chargeable interest acquired’ by reference to which stamp duty land tax was to be levied under Part 4 of the Finance Act 2003 was the equitable estate collectively acquired by the beneficiaries under the trust. However, paragraph 1(1) of Schedule 8 to the 2003 Act was to be interpreted as exempting the land transaction from charge to the extent of the charity’s interest.”

WLR Daily. 26th June 2013

Source: www.iclr.co.uk

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

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department: [2013] EWCA Civ 666;   [2013] WLR (D)  252

“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

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Raju and others v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, education, immigration, law reports, notification by tracey

Raju and others v Secretary of State for the Home Department: [2013] EWCA Civ 754;   [2013] WLR (D)  253

“Table 10 of Appendix A of paragraph 245FD of the Immigration Rules required that an applicant for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system therein should have obtained the appropriate qualification before making the application in order to obtain the necessary points.”

WLR Daily, 25th June 2013

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted June 28th, 2013 in legislation by tracey

The National Assembly for Wales (Representation of the People) (Fresh Signatures for Absent Voters) Order 2013

The Education (National Curriculum) (Key Stages 1 and 2 Assessment Arrangements) (England) (Amendment) Order 2013

The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013

The Child Support (Miscellaneous Amendments) Regulations 2013

The Health and Safety (Miscellaneous Revocations and Amendments) Regulations 2013

The Social Security (Persons Required to Provide Information) Regulations 2013

The Social Fund Winter Fuel Payment (Amendment) Regulations 2013

The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2013

The Biocidal Products (Fees and Charges) Regulations 2013

The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013

The Mobile Homes (Pitch Fees) (Prescribed Form) (England) Regulations 2013

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) (No. 2) Order 2013

The National Health Service (Direct Payments) (Repeal of Pilot Schemes Limitation) Order 2013

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2013

The Lawrence Sheriff School (Pupil Premium Admissions Priority) Order 2013

Source: www.legislation.gov.uk

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Command Papers – official-documents.gov.uk

Posted June 28th, 2013 in parliamentary papers by tracey

Electricity market reform: delivering UK investment, Cm 8674 (PDF)

School Teachers’ Review Body twenty-second report – 2013, Cm 8659 (PDF)

Source: www.official-documents.gov.uk

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Damian Green: ‘Digital Courtrooms’ to be rolled out nationally – Ministry of Justice

Posted June 28th, 2013 in case management, courts, documents, electronic filing, press releases by tracey

“Courtrooms will be fully digital by 2016 ending the court service’s ‘outdated’ reliance on paper, Justice Minister Damian Green said today.”

Full press release

Ministry of Jutice, 28th June 2013

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

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Proposals to speed up police disciplinary system announced – Home Office

Posted June 28th, 2013 in appeals, complaints, consultations, delay, police, press releases, tribunals by tracey

“Government is to consult on improving police misconduct procedures, Policing Minister Damian Green announced on Tuesday.”

Full press release

Home Office, 25th June 2013

Source: www.gov.uk/home-office

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Civil courts not open to attempts to re-run criminal trials – UK Human Rights Blog

“Salahuddin Amin v Director General of MI5, Chief of MI6, the FCO, the Home Office and the Attorney General- [2013] EWHC 1579 (QB). Do not be misled by the impressive cast list of defendants in this case it means simply that the claimant was attempting to attack the integrity of his criminal conviction via the civil courts.”

Full story

UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

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A historic leap forward for equal pay claimants? – UK Human Rights Blog

Posted June 28th, 2013 in appeals, employment, equal pay, human rights, local government, news, Supreme Court by tracey

“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”

Full story

UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

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Tough new bribery sentencing guidelines will shape deferred prosecution agreements framework, says expert – OUT-LAW.com

“Tough proposed sentencing guidelines will inform the level of financial penalties set by the Serious Fraud Office (SFO) under new deferred prosecution agreements (DPAs), an expert has said.”

Full story

OUT-LAW.com, 28th June 2013

Source: www.out-law.com

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Equivalent employees need not share a workplace to benefit from equal pay protections, Supreme Court rules – OUT-LAW.com

Posted June 28th, 2013 in employment, equal pay, news, Supreme Court by tracey

“Employees hired to carry out jobs of equal value need not work in the same
‘establishment’ in order to benefit from protections given to those in the ‘same
employment’ under equal pay law, the UK’s highest court has confirmed.”

Full story

OUT-LAW.com, 28th June 2013

Source: www.out-law.com

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Leasehold repair covenants and damages – NearlyLegal

Posted June 28th, 2013 in covenants, damages, leases, news, repairs by tracey

“Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC).
This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of flats. As will become clear, I’m rather troubled by some of the Court’s findings.”

Full story

NearlyLegal, 25th June 2013

Source: www.nearlylegal.co.uk

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The Supreme Court widens scope for equal pay comparisons – Employment Law Blog

Posted June 28th, 2013 in education, employment, equal pay, news, Supreme Court by tracey

“The question of when equal pay claimants can rely upon comparators employed at different establishments on common terms and conditions under s.1(6) Equal Pay Act 1970 (and now, s.79(4) Equality Act 2010) has long generated an inordinate amount of heat, not light. A unanimous Supreme Court (Lady Hale giving the single judgment) has now cleared away some of the fog of confusion in North v Dumfries and Galloway Council [2013] IKSC 45. In the process, it has overturned both the EAT and the Court of Session Inner House.”

Full story

Employment Law Blog, 27th June 2013

Source: www.employment11kbw.com

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