Disabled patients ‘have right to liberty’, Supreme Court rules – BBC News

‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’

Full story

BBC News, 19th March 2014

Source: www.bbc.co.uk

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Paddy Power Oscar Pistorius ‘money back if he walks’ ad broke rules and brought UK advertising into disrepute, ASA finds – The Independent

‘A Paddy Power advert that offered a “money back if he walks” guarantee for betting on the Oscar Pistorius murder trial broke rules and brought the UK’s advertising industry into disrepute, the regulator has found.’

Full story

The Independent, 19th March 2014

Source: www.independent.co.uk

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Privacy groups raise complaint with ICO over cloud-stored data from hospital records – OUT-LAW.com

Posted March 19th, 2014 in data protection, hospitals, internet, medical records, news, ombudsmen, privacy by tracey

‘The UK’s Information Commissioner Office (ICO) has been asked to investigate whether privacy rules were breached when data collected from hospitals was uploaded to cloud servers operated by Google.’

Full story

OUT-LAW.com, 18th March 2014

Source: www.out-law.com

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Why unelected judges should get our vote: reflections on Lord Neuberger’s Law Lecture – Halsbury’s Law Exchange

Posted March 19th, 2014 in EC law, elections, judiciary, news, parliament, rule of law by tracey

‘In his Cambridge Freshfield Lecture, Lord Neuberger gave a number of reasons, historical, geographical and emotional, for the view expressed in the Daily Mail and other newspapers that, “it is unacceptable for unelected judges to impose a diktat on a democratically elected parliament”. He said that this was a “peculiarly British” view, aimed particularly at the rulings on EU law by judges in Luxembourg and on human rights by judges in Strasbourg. But I am not going to write about that. No, what troubles me about Lord Neuberger’s citation from the Daily Mail is the complaint about rulings (diktats) being made by “unelected judges”.’

Full story

Halsbury’s Law Exchange, 18th March 2014

Source: www.halsburyslawexchange.co.uk

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“Premature” bid for RBS case budget only penalised with 50% costs award – Litigation Futures

Posted March 19th, 2014 in banking, budgets, costs, news by tracey

‘The action group that brought a premature application for budgeting in the RBS rights issue litigation will only pay half of the costs of the hearing at this stage, because “the basic proposition that a budgeting exercise would be appropriate may yet be vindicated”.’

Full story

Litigation Futures, 18th March 2014

Source: www.litigationfutures.com

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Perspectives on the Criminal Justice System – Speech by Lord Justice Gross, Senior Presiding Judge

Posted March 19th, 2014 in criminal justice, judiciary, rule of law, speeches by tracey

‘Perspectives on the Criminal Justice System. Speech by Lord Justice Gross, Senior Presiding Judge.’

Full speech

Judiciary of England and Wales, 19th March 2014

Source: www.judiciary.gov.uk

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Home Secretary speech at National Crime Agency leadership event – Home Office

‘Speech given by Home Secretary Theresa May on 17 March 2014 at National Crime Agency leadership event.’

Full speech

Home Office, 18th March 2014

Source: www.gov.uk/home-office

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Policing Minister speech to the APCC – Home Office

Posted March 19th, 2014 in budgets, criminal justice, police, speeches, statistics by tracey

‘Policing Minister Damian Green addresses the Association of Police and Crime Commisioners general meeting.’

Full speech

Home Office, 18th March 2014

Source: www.gov.uk/home-office

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Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2014 in legislation by tracey

The Ukraine (European Union Financial Sanctions) (No.2) Regulations 2014

The Investment Transactions (Tax) Regulations 2014

The Family Procedure (Amendment No. 2) Rules 2014

The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014

The Universal Credit and Miscellaneous Amendments Regulations 2014

The Social Security (Miscellaneous Amendments) Regulations 2014

Source: www.legislation.gov.uk

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BAILII: Recent Decisions

Posted March 19th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Erimus Housing Ltd v Barclays Wealth Trustees (Jersey) Ltd & Ors [2014] EWCA Civ 303 (18 March 2014)

Anselm v Buckle [2014] EWCA Civ 311 (18 March 2014)

Jones & Anor v First Greater Western Ltd [2014] EWCA Civ 301 (18 March 2014)

Court of Appeal (Criminal Division)

Umerji, R v [2014] EWCA Crim 421 (18 March 2014)

Dent, R v [2014] EWCA Crim 457 (18 March 2014)

High Court (Administrative Court)

Zurich Assurance Ltd v Winchester
City Council & Anor [2014] EWHC 758 (Admin) (18 March 2014)

High Court (Family Division)

Bhura v Bhura [2014] EWHC 727 (Fam) (18 March 2014)

High Court (Queen’s Bench Division)

Allen & Ors v Depuy International Ltd [2014] EWHC 753 (QB) (18 March 2014)

Abbas v Yousuf & Anor [2014] EWHC 662 (QB) (18 March 2014)

White v Express Newspapers [2014] EWHC 657 (QB) (18 March 2014)

Fynes v St George’s Hospital NHS Trust [2014] EWHC 756 (QB) (18 March 2014)

Source: www.bailii.org

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‘Out of control’ foreign divorce ‘squeezing out needy litigants’ – Law Society’s Gazette

Posted March 19th, 2014 in choice of forum, costs, divorce, financial provision, news by tracey

‘A High Court judge has spoken out against the court time taken by wealthy international litigants engaged in “out of control” divorce proceedings.’

Full story

Law Society’s Gazette, 18th March 2014

Source: www.lawgazette.co.uk

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Funding Family Proceedings and Legal Services Orders – Family Law Week

‘Tony Ward, Family Law barrister with 3PB analyses the latest case law relating to Legal Services Orders under s.22ZA MCA 1973.’

Full story

Family Law Week, 18th March 2014

Source: www.familylawweek.co.uk

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Hitting the Balls out of Court: Are Judges Stepping Over the Line? – Speech by Lord Justice Moses

‘Hitting the Balls out of Court: Are Judges Stepping Over the Line?
Speech by Lord Justice Moses: Creaney Memorial Lecture 2014, 26/02/2014′

Full speech

Judiciary Of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

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Family Provision of Justices’ Reasons in uncontested Cases – Judiciary of England and Wales

‘Guidance issued jointly by the Justices’ Clerks Society and the Magistrates’ Association with the approval of Mrs Justice Pauffley and the President of the Family Division.’

Full text of guidance

Judiciary of England & Wales, 18th March 2014

Source: www.judiciary.gov.uk

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Ministers defeated in grey squirrel battle – The Independent

Posted March 19th, 2014 in animals, enforcement, news, prosecutions, protected species by tracey

‘Ministers have admitted defeat in their battle against grey squirrels, and will scrap a law to protect their red cousins. Campaigners, and MPs in the North East where the red squirrel can still be found, have expressed their shock at the abandonment of the law requiring people to report grey squirrels on their land so they can be exterminated.’

Full story

The Independent, 18th Independent 2014

Source: www.independent.co.uk

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Immigrant detainees face ‘excessive force and abuse,’ says MoJ report – The Independent

Posted March 19th, 2014 in aircraft, detention, immigration, news, proportionality, restraint, unlawful killing by tracey

‘Immigrant detainees sent home from the UK are still facing “disproportionate force and restraint” and are subjected to offensive language from their escorts, according to a new report by the Ministry of Justice.’

Full story

The Independent, 18th March 2014

Source: www.independent.co.uk

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Cocaine addict burglar jailed for life for killing defenceless War veteran in his bed – Daily Telegraph

Posted March 19th, 2014 in elderly, murder, news, sentencing by tracey

‘A burglar who attacked an 87-year-old World War Two veteran in his bed has been jailed for a minimum of 18-years after being found guilty of murder. Widower Frank Worsley, who served with the Royal Navy in the Far East, was “repeatedly beaten” about the face by cocaine user Daniel Crompton, 24.’

Full story

Daily Telegraph, 18th March 2014

Source: www.teelgraph.co.uk

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Court of Appeal judges to rule on 1948 Malaya ‘massacre’ – BBC News

Posted March 19th, 2014 in appeals, armed forces, colonies, human rights, inquiries, news, public interest by tracey

‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’

Full story

BBC News, 19th March 2014

Source: www.bbc.co.uk

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Children separated from their families by courts must know why – Daily Telegraph

‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’

Full story

Daily Telegraph, 18th May 2014

Source: www.telegraph.co.uk

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Koran teacher who abused girl is spared jail to help his family – Daily Telegraph

‘An Islamic teacher who molested a girl as he taught her the Koran has avoided prison after claiming his family was dependent on him because his wife speaks “very little English”.’

Full story

Daily Telegraph, 19th March 2014

Source: www.telegraph.co.uk

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