Unduly Lenient Sentence scheme ensuring justice for victims of crime and their families – Attorney General’s Office

Posted August 25th, 2016 in appeals, news, sentencing, statistics, victims by sally

‘More than 100 offenders had their prison sentences lengthened following referrals by the Attorney and Solicitor General to the Court of Appeal under the Unduly Lenient Sentence (ULS) scheme during 2015.’

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Attorney General’s Office, 24th August 2016

Source: www.gov.uk/ago

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You have my word: Oral Variations of Licence – Hardwicke Chambers

Posted August 25th, 2016 in appeals, contracts, news by sally

‘There has been some uncertainty on whether anti-oral variation clauses are binding. In 2000 and 2002 the Court of Appeal delivered conflicting judgments on the matter. However, this year we have been treated to two judgments in as many months. This article reviews the decision in MWB Business Exchange Centres Limited v Rock Advertising Limited [2016] EWCA Civ 553 and considers its impact for property lawyers.’

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Hardwicke Chambers, 8th August 2016

Source: www.hardwicke.co.uk

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The legal consequences of illegality: The Supreme Court’s judgment in Patel v Mirza – Cloisters

Posted August 25th, 2016 in appeals, contracts, illegality, insider dealing, news, Supreme Court by sally

‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’

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Cloisters, 26th July 2016

Source: www.cloisters.com

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Out of time but not out of options: Court of Appeal clarify how to deal with limitation defences in contribution claims in WH Newson v IMI – Hardwicke Chambers

Posted August 25th, 2016 in appeals, contribution, news, time limits by sally

‘I don’t know if this has also been your experience, but for some reason the workings of the Civil Liability (Contribution) Act 1978 (the Act) always seems to cause consternation.’

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Hardwicke Chambers, 18th August 2016

Source: www.hardwicke.co.uk

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Donald, Where’s Your Schedule 3 Condition to Share Information Aboot Your Troosers? – Panopticon

Posted August 25th, 2016 in appeals, data protection, human rights, news, Scotland, Supreme Court by sally

‘The insularity of English lawyers can often mean that limited attention is paid to legal developments north of the border. Scotland, like the past, is a legally foreign country and they do things differently there. However, we here at Panopticon are never afraid to join a rousing chorus of ‘500 Miles’ by The Proclaimers (you should see some of the blog’s team at the Christmas Party – carnage). Readers with elephantine memories and little to do by way of fun may recall my post on the Inner House’s judgment concerning the ‘Named Person Service’. At the end of term, the case reached the Supreme Court in The Christian Institute v Lord Advocate [2016] UKSC 51. Apologies in advance for the length of the post which follows…’

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Panopticon, 25th August 2016

Source: www.panopticonblog.com

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‘Soft’ prison sentences extended after complaints – BBC News

Posted August 25th, 2016 in appeals, complaints, news, sentencing by sally

‘The prison sentences of 102 offenders in England and Wales were extended last year, following complaints the original terms were too soft.’

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BBC News, 25th August 2016

Source: www.bbc.co.uk

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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Fraudulent claims rule: when can an insurer avoid a claim? – Park Square Barristers

Posted August 24th, 2016 in appeals, fraud, insurance, news, Supreme Court by sally

‘Versloot Dredging BV and another (Appellants) v HDI Gerling Industrie Versicherung AG and others (Respondents) [2016] UKSC 45 resolved one of the most contentious issues in modern insurance law.’

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Park Square Barristers, 29th July 2016

Source: www.parksquarebarristers.co.uk

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‘More than half’ of taxpayer challenges to HMRC decisions successful – OUT-LAW.com

‘More than half of the challenges brought by taxpayers against HM Revenue and Customs (HMRC) decisions last year were successful, according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.’

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OUT-LAW.com, 23rd August 2016

Source: www.out-law.com

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Court of Protection judge criticises firm for ‘brutal and insensitive’ comments – Law Society’s Gazette

‘A north-west firm is considering appealing a Court of Protection ruling in which it was removed as a financial deputy in a case concerning deprivation of liberty and care arrangements.’

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Law Society’s Gazette, 19th August 2016

Source: www.lawgazette.co.uk

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Successful compensation appeal by rape victim – UK Human Rights Blog

‘The Upper Tribunal has ruled that, in deciding whether or not an applicant has cooperated with the prosecution of her assailant where she made and later retracted an allegation of rape, it was necessary to see why that retraction was made and whether it was done truly voluntarily, rather than simply assessing whether she was responsible for the retraction.’

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UK Human Rights Blog, 22nd August 2016

Source: www.ukhumanrightsblog.com

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Vulnerability after Hotak/Johnson/Kanu – Nearly Legal

Posted August 23rd, 2016 in appeals, homelessness, housing, mental health, news, Supreme Court by sally

‘Mr M had applied to Southwark as homeless. He provided a GP’s letter stating that he suffered from depression, was prescribed anti-depressants and was awaiting therapy. Soon after, Mr M’s brother was murdered and he was badly affected by this.’

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Nearly Legal, 22nd August 2016

Source: www.nearlylegal.co.uk

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Woman gets £2m over near-drowning in school swimming lesson – The Guardian

‘A woman who won a judgment against her local authority after she nearly drowned during a school swimming lesson 16 years ago has been awarded £2m in compensation.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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Sex ban man John O’Neill loses appeal against order – BBC News

Posted August 22nd, 2016 in appeals, news, notification, police, proportionality, sexual offences by sally

‘A man who must notify police 24 hours before he has sex has lost his legal battle to have the restriction lifted.’

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BBC News, 19th August 2016

Source: www.bbc.co.uk

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Shocking injustices: the conviction of David Bryant – Halsbury’s Law Exchange

“You are free to go. I am very sorry.” It was with these words that Lord Justice Leveson in the Court of Appeal quashed the conviction of David Bryant, a former fireman of seemingly impeccable character, for abusing a boy four decades earlier in a case that was based upon the uncorroborated word of a man revealed to be “a chronic liar”.

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Halsbury’s Law Exchange, 16th August 2016

Source: www.halsburyslawexchange.co.uk

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Labour awaits vote leadership rules appeal verdict – BBC News

Posted August 12th, 2016 in appeals, elections, news, political parties by sally

‘The Court of Appeal will rule on Friday in a dispute about Labour’s decision to block nearly 130,000 of its members from voting in its leadership contest.’

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BBC News, 11th August 2016

Source: www.bbc.co.uk

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The mechanics of proprietary estoppel – Nearly Legal

Posted August 12th, 2016 in appeals, constructive trusts, estoppel, news by sally

‘What is the difference between, on the one hand, Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55 and, on the other hand, Thorner v Majors [2009] UKHL 18? The standard answer is that Cobbe involved commercial parties who, well, ought to have known better than to rely on an incomplete agreement (no unconscionability), whereas, in Thorner, we were dealing with the delightfully taciturn farmers of the Quantock Hills (unconscionability in the circs).’

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Nearly Legal, 10th August 2016

Source: www.nearlylegal.co.uk

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Trans women are being forced to get divorced just to claim their pension – The Independent

‘Where an individual is recognised by the state in her passport and driving licence as a woman, why should she be required to end her marriage just to claim the pension that is rightfully hers?’

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The Independent, 11th August 2016

Source: www.independent.co.uk

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Jehovah’s Witnesses under pressure over handling of sexual abuse claims – The Guardian

‘The Jehovah’s Witnesses organisation is under increasing pressure to address its handling of sexual abuse allegations as it faces legal setbacks, bills of over £1m and a fight to prevent the Charity Commission examining its records of abuse claims.’

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The Guardian, 12th August 2016

Source: www.guardian.co.uk

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Yorkshire Ripper: tribunal rules Peter Sutcliffe can be sent to mainstream prison – The Guardian

Posted August 12th, 2016 in appeals, mental health, murder, news, prisons, sentencing, tribunals by sally

‘The Yorkshire Ripper, Peter Sutcliffe, who murdered 13 women during the 1970s, may be released from Broadmoor, the secure psychiatric hospital, and sent to a mainstream prison after a tribunal concluded his mental illness was under control.’

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The Guardian, 12th August 2016

Source: www.guardian.co.uk

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