Expert questions UK chancellor’s proposed ‘strict liability’ criminal offence for taxable funds held offshore – OUT-LAW.com

Posted April 15th, 2014 in fines, imprisonment, news, proportionality, strict liability, tax evasion by tracey

‘It would be disproportionate to introduce automatic unlimited fines and prison sentences for UK taxpayers with offshore assets on which they have not paid the correct taxes, as trailed by the Chancellor of the Exchequer at the weekend, an expert has said.’

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OUT-LAW.com, 14th April 2014

Source: www.out-law.com

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Shocking justice gap for disabled prisoners – Halsbury’s Law Exchange

‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’

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Halsbury’s Law Exchange, 4th April 2014

Source: www.halsburyslawexchange.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.’

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The Independent, 18th March 2014

Source: www.independent.co.uk

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Pullan v Wilson and others – WLR Daily

Posted March 5th, 2014 in fees, law reports, proportionality, remuneration, trusts by sally

Pullan v Wilson and others [2014] EWHC 126 (Ch); [2014] WLR (D) 107

‘An automatic entitlement of a professional trustee to charge his normal hourly rates at least unless those rates had been specified and sanctioned by other trustees and principal beneficiaries before the relevant work was undertaken would deprive a court of equity of any effective control over that trustee’s remuneration.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

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Basically, we are all… – NearlyLegal

‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’

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NearlyLegal, 4th March 2014

Source: www.nearlylegal.co.uk

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Council did not have power to ban live animal exports, says judge – Local Government Lawyer

Posted March 4th, 2014 in animals, compensation, local government, news, proportionality by sally

‘A district council faces having to make a significant payout to exporters of live animals after a High Court ruled that the authority did not have power to impose a temporary ban on shipment.’

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Local Government Lawyer, 3rd March 2014

Source: www.localgovernmentlawyer.co.uk

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Police forces appeal against A19 retirement ruling – BBC News

‘Five police forces have appealed against a ruling that their use of a regulation to make older officers retire was not “proportionate”.’

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BBC News, 3rd March 2014

Source: www.bbc.co.uk

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Jacob Rowbottom: Laws, Miranda and the Democratic Justification for Expression – UK Constitutional Law Association

Posted February 24th, 2014 in airports, detention, freedom of expression, human rights, media, news, proportionality by sally

‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’

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UK Constitutional Law Association, 22nd February 2014

Source: www.ukconstitutionallaw.org

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David Miranda challenge dismissed in High Court – UK Human Rights Blog

‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’

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UK Human Rights Blog, 19th February 2014

Source: www.ukhumanrightsblog.com

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Detained David Miranda loses legal battle – BBC News

‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’

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BBC News, 19th February 2014

Source: www.bbc.co.uk

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UNISON’s employment tribunal fees challenge dismissed, but impact of new regime not yet apparent, says High Court – OUT-LAW.com

‘A trade union’s legal challenge to the introduction of fees to bring a case to an employment tribunal has been dismissed by the High Court.’

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OUT-LAW.com, 10th February 2014

Source: www.out-law.com

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Police admit they should have reviewed tactic used in Mark Duggan case – The Guardian

‘The Metropolitan Police has admitted it was wrong not to review its use of the “hard stop” tactic employed in the shooting of Mark Duggan in 2011, despite being advised to do so by the complaints watchdog.’

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The Guardian, 20th January 2014

Source: www.guardian.co.uk

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BNP activist Adam Walker challenges lifetime teaching ban – BBC News

‘A British National Party (BNP) activist has taken Education Secretary Michael Gove’s office to court in a bid to overturn a lifetime teaching ban.’

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BBC New, 10th January 2014

Source: www.bbc.co.uk

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Regina v Padda – WLR Daily

Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496

‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

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Young v Young: can “eye-watering” divorce costs be justified? – Halsbury’s Law Exchange

‘A 7 year divorce case culminating in a 20 day final hearing with £6.5m spent on one side’s legal costs alone. In the aftermath of Young v Young, what should be done by the judiciary and practitioners to make fees in family proceedings proportionate?’

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Halsbury’s Law Exchange, 16th December 2013

Source: www.halsburyslawexchange.co.uk

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Tribunal wrong on Sunday working decision, but forcing care assistant to work was proportionate, court rules – OUT-LAW.com

‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th December 2013

Source: www.out-law.com

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Mba v Merton London Borough Council – WLR Daily

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

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Welfare of child not a trump card against deportation – UK Human Rights Blog

‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’

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UK Human Rights Blog, 29th November 2013

Source: www.ukhumanrightsblog.com

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Regina v Fields and others – WLR Daily

Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440

“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

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Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange

“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

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