Probation officers strike in protest at privatisation plans – The Guardian

Posted November 5th, 2013 in contracting out, industrial action, news, probation, Serious Fraud Office by sally

“Thousands of probation officers across England and Wales are due to stage a 24-hour strike from midday on Tuesday in protest at plans to privatise 70% of their work.”

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The Guardian, 5th November 2013

Source: www.guardian.co.uk

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Limiting the scope of injunctions in family cases – UK Human Rights Blog

“In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire County Council. He emphasised that the only proper purpose of such an injunction was to protect the child and refused to make an order in the wide terms sought by the Council. As a result, he allowed the publication of video footage and photographs of a baby being removed from its parents.”

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UK Human Rights Blog, 5th November 2013

Source: www.ukhumanrightsblog.com

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Last chance to comment on OFT consultation on online games – Technology Law Update

Posted November 5th, 2013 in consultations, consumer protection, internet, news, undue influence by sally

“The OFT recently published a consultation paper on its proposed eight new sector-wide principles in relation to online and app-based games. Whilst the principles will not be legally binding, they make clear the OFT’s views on businesses’ obligations under consumer protection law. The principles were proposed following the results of the OFT’s investigation in April 2013 which highlighted concerns about pressure put on children to make in-game purchases because of pressure to do so within the games. It was found that, in some games, parents were unwittingly incurring large bills due to their children being misled by aggressive practices which exploited their inexperience and vulnerability (for example, by implying that other players or characters within a game were reliant on the consumer paying for something). The OFT considered that these types of practices may amount to undue influence.”

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Technology Law Update, 5th November 2013

Source: www.technology-law-blog.co.uk

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Power of sale – can the mortgagee be forced to wait? – New Square Chambers

Posted November 5th, 2013 in Crown, jurisdiction, mortgages, news, sale of land, Turks and Caicos Islands by sally

“In Temple Mortgage Fund Ltd v Att-Gen for the Turks and Caicos Islands (unreported, Supreme Court of the Turks and Caicos Islands, 26 July 2013), until just before the trial the only issue appeared to be the timing of the mortgagee’s exercise of its power of sale. However, at a very late stage the Defendant raised a further issue, namely whether certain provisions in the Plaintiff’s charge were binding on the Crown at all. Both issues were determined in favour of the Plaintiff.”

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New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

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Rent recovery after exercising a break clause – New Square Chambers

Posted November 5th, 2013 in contracts, landlord & tenant, leases, news, rent by sally

“A tenant’s option to determine a commercial lease (a ‘break clause’) is a common feature of the modern landlord and tenant relationship. As a result of the weak economy and the ability of tenants to determine unilaterally an unfavourable lease on terms, there have recently been a number of reported decisions concerning the disputed exercise of break clauses. The typical interests in conflict have been described in Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch) by Vos J (para 3): ‘This is a hard case for both sides. The tenant company … needs to know if it has successfully broken the lease because its future business depends on using its resources elsewhere. The landlord in these poor economic times seeks to use any argument it properly can to keep its building tenanted.’”

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New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

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Hazards with the use of Court-approved Deprivation of Liberty Safeguards (DoLS) and Legal aid – Thirty Nine Essex Street

Posted November 5th, 2013 in deprivation of liberty safeguards, legal aid, mental health, news by sally

“This paper has been prepared for the information of legal practitioners by the Law Society’s Mental Health and Disability Committee. It sets out our concerns as to the impact of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 on the entitlement to non-means tested legal aid in DoLs cases where there is court challenge to a DoLS authorisation.”

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Thirty Nine Essex Street, November 2013

Source: www.39essex.com

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A negative note – New Square Chambers

Posted November 5th, 2013 in appeals, debts, mortgages, news, repossession, sale of land by sally

“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”

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New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

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Single mothers lose legal challenge to benefit cap – BBC News

Posted November 5th, 2013 in benefits, human rights, judicial review, news, social security by sally

“Three single mothers and their children have lost a legal challenge to the government’s benefit cap.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

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Daniel Smith jailed for raping 84-year-old woman – BBC News

Posted November 5th, 2013 in burglary, news, rape, sentencing by sally

“A man who admitted raping an 84-year-old woman with dementia after breaking into her home in Oxford has been jailed.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

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BAILII: Recent Decisions

Posted November 5th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Simpson & Ors (t/a Harrow Solicitors and Advocates) v Godson & Ors [2013] EWCA Civ 1339 (04 November 2013)

Nageh v David Game College Ltd & Anor [2013] EWCA Civ 1340 (04 November 2013)

High Court (Chancery Division)

Shearer & Ors v Spring Capital Ltd & Ors [2013] EWHC 3373 (Ch) (04 November 2013)

High Court (Administrative Court)

Bickford -Smith, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2013] EWHC 3371 (Admin) (04 November 2013)

Source: www.bailii.org

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Recent Statutory Instruments – legislation.gov.uk

Posted November 5th, 2013 in legislation by sally

The Criminal Legal Aid (General) (Amendment) Regulations 2013

The Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2013

The Costs in Criminal Cases (General) (Amendment) (No. 2) Regulations 2013

Source: www.legislation.gov.uk

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F v. F: latest developments in children and consent to medical treatment – Barristers’ Hub

Posted November 5th, 2013 in children, consent, medical treatment, news by sally

“This was the father’s application for a declaration and a specific issue order for his daughters to have the MMR vaccine. The girls are now aged 15 years (L) and 11 years (M) respectively. The parents were married but are now divorced. During the marriage, the parties agreed they would not consent to either of the children having the MMR vaccine. Judgment was handed down by Theis J in private on 5th September 2013, but was released on 12th October 2013. Theis, J. made a declaration that,

‘It is in the interests of both L and M to receive the MMR vaccination and that they should do so before 11 October 2013 on a date to be arranged by the parents together with the GP’.”

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Barristers’ Hub, 4th November 2013

Source: www.barristershub.co.uk

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New Chambers supervision strategy launched – Bar Standards Board

Posted November 5th, 2013 in barristers, complaints, news, pupillage, quality assurance by sally

“From January 2014, all Chambers will be required to participate in new supervision arrangements, set out by the Bar Standards Board (BSB) today.”

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Bar Standards Board, 5th November 2013

Source: www.barstandardsboard.org.uk

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Bar moves to fill direct access training gap – The Lawyer

Posted November 5th, 2013 in barristers, continuing professional development, legal education, news by sally

“Young barristers are ‘thrown in at the deep end’ when directly advising the public because of woefully inadequate training that has created acute dangers around vulnerable clients, the Bar Council’s annual conference heard at the weekend.”

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The Lawyer, 5th November 2013

Source: www.thelawyer.com

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More Tweet Trouble for Rooney and Nike? – Sports Law Bulletin from Blackstone Chambers

Posted November 5th, 2013 in advertising, codes of practice, complaints, internet, news, sport by sally

“A tweet by ‘Wayne Rooney’ landed Nike in front of the Advertising Standards Agency (ASA) again last month, following a complaint by a user of Twitter that the tweet was not obviously identifiable as a marketing communication and was therefore in breach of the Committees of Advertising Practice (CAP) Code 2.1, 2.3 and 2.4. The ASA’s decision on this tweet is interesting in light of its previous decision in a similar case involving Nike and Mr Rooney, and is worthy of note for any lawyers involved in advising sports teams and players on devising social media policies and/or regulating their social media use on a personal level.”

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Sports Law Bulletin from Blackstone Chambers, 5th November 2013

Source: www.sportslawbulletin.org

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Curtains for the French Blocking Statute? – Competition Bulletin from Blackstone Chambers

Posted November 5th, 2013 in appeals, competition, disclosure, foreign jurisdictions, news by sally

“Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier Laboratories [2013] EWCA Civ 1234, however, may prove the Statute’s final curtain call in this jurisdiction.”

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Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

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Cookie-replacement tracking technology would be subject to same ‘cookie law’ rules, says ICO – OUT-LAW.com

Posted November 5th, 2013 in advertising, consent, data protection, internet, news, privacy by sally

“Businesses that track internet users’ behaviour in order to serve them with personalised content, such as adverts, using technology that will replace ‘cookies’ will still be subject to UK privacy laws, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 4th November 2013

Source: www.out-law.com

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Security pair jailed for Birmingham Airport smuggling – BBC News

Posted November 5th, 2013 in airports, conspiracy, fraud, gangs, immigration, news, sentencing by sally

“Two security workers have been jailed for helping to smuggle illegal immigrants through Birmingham Airport.”

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BBC News, 4th November 2013

Source: www.bbc.co.uk

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Lord Falconer’s right-to-die bill a ‘blank cheque’ for suicide, says Baroness Butler-Sloss – Daily Telegraph

Posted November 5th, 2013 in bills, euthanasia, news, suicide by sally

“Peers led by Baroness Butler-Sloss say Lord Falconer’s Assisted Dying Bill would be a ‘blank cheque’ for euthanasia and threaten basic public safety.”

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Daily Telegraph, 5th November 2013

Source: www.telegraph.co.uk

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Kurt Delves jailed for killing crying baby daughter – BBC News

Posted November 5th, 2013 in children, homicide, news, sentencing by sally

“A man has been jailed for shaking his 10 week-old daughter to death because she would not stop crying.”

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BBC News, 4th November 2013

Source: www.bbc.co.uk

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