Teacher who hit boy, six, over head with ruler acquitted of assault – Daily Telegraph

Posted December 19th, 2014 in assault, child cruelty, news, school children, teachers by sally

‘Rina Khan walks free from court after being found not guilty of common assault and child cruelty during primary school maths lesson.’

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Daily Telegraph, 18th December 2014

Source: www.telegraph.co.uk

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Man jailed over cling film mummification ‘sex death’ – BBC News

Posted December 19th, 2014 in homicide, negligence, news, sentencing by sally

‘A man has been jailed for five years for causing the death of a man covered in cling film during a sex game.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

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Some youth offending teams failing to protect at-risk girls, say inspectors – The Guardian

Posted December 19th, 2014 in children, criminal justice, news, police, probation, young offenders by sally

‘Many girls in the criminal justice system are being sexually exploited and some youth offending teams are failing to provide protection for them, independent inspectors have said.’

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The Guardian, 19th December 2014

Source: www.guardian.co.uk

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Command Papers – GOV.UK

Posted December 18th, 2014 in parliamentary papers by sally

The benefit cap: a review of the first year, Cm 8985

Police and crime commissioners: progress to date, Cm 8981

Government response to the Transport Select Committee report on the draft national networks national policy statement, Cm 8978

The implications of devolution for England, Cm 8969

Our plan for growth: science and innovation, Cm 8980

Intercept as evidence review, Cm 8989
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28-day police bail limit proposed for England and Wales – BBC News

Posted December 18th, 2014 in bail, consultations, news, time limits by sally

‘The time people can be put on pre-charge police bail could be limited to 28 days, the home secretary has said.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

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Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal – UK Human Rights Blog

Posted December 18th, 2014 in appeals, human rights, immigration, legal aid, news by sally

‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’

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UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

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Judicial Review: Case Update – No. 5 Chambers

Posted December 18th, 2014 in costs, dispute resolution, judicial review, news by sally

‘In this paper, I will review two cases from earlier this year. The first case discusses the issue of costs and what may be considered to be an unreasonable refusal to engage in Alternative Dispute Resolution ( ADR) or not. The second case examines the scope and implications of an order that an application for permission to judicial review is totally without merit.’

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No. 5 Chambers, 15th December 2014

Source: www.no5.com

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Asset finance in the education sector: the ultra vires predicament – Henderson Chambers

Posted December 18th, 2014 in contracts, education, news, ultra vires by sally

‘The ability of many state schools to enter into lease agreements (often for office equipment such as photocopiers) is limited by statute. Where a school exceeds its statutory power, the agreement will be void and unenforceable by the creditor. This article examines the issue of ultra vires, the consequences and potential remedies for both creditors and schools.’

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Henderson Chambers, 18th December 2014

Source: www.hendersonchambers.co.uk

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Settling a taxing point about taxation of settlement agreements – Cloisters

Posted December 18th, 2014 in age discrimination, news, redundancy, taxation, tribunals, unfair dismissal by sally

‘If you are an advisor who only occasionally dabbles with tax issues in settlements for fear of having to delve into murky tax law, take note of a recent decision providing a lucid summary of the relevant principles. The case is also a cautionary tale for claimants challenging tax assessments as the claimant’s unsuccessful challenge before the First-Tier Tax Tribunal (FTT) resulted in a tax bill larger than the one sent to him by HMRC. If Oti-Obhihara [2011] IRLR 386 and Orthet v Vince Cain [2005] ICR 374 ring a distant bell from advising on settlements past, they should now be retuned to the sound of alarm bells as the FTT in Moorthy v HMRC [2014] UKFTT 834 (TC) has doubted their correctness.’

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Cloisters, 12th December 2014

Source: www.cloisters.com

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Access To Justice Effective Remedy And Rule Of Law: The Adequacy Of Judicial Review – No. 5 Chambers

‘The ideal judge is a supremely intelligent woman. She is especially empathetic. She has limitless expertise in every field and infinite patience. We can trust her to do right. She is perfect justice. Lets place her on a pedestal.’

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No. 5 Chambers, 16th December 2014

Source: www.no5.com

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Regina (Gordon-Jones) v Secretary of State for Justice and another – WLR Daily

Posted December 18th, 2014 in education, human rights, law reports, prisons, rehabilitation by sally

Regina (Gordon-Jones) v Secretary of State for Justice and another [2014] EWHC 3997 (Admin); [2014] WLR (D) 528

‘Prison Service Instruction (“PSI”) 30/2013 was unlawful in so far as it included books as earnable within the Incentives and Earned Privileges Scheme and excluded them from items that could be sent to or received by prisoners.’

WLR Daily, 5th December 2014

Source: www.iclr.co.uk

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In re A (A Child) (Financial Provision) – WLR Daily

Posted December 18th, 2014 in appeals, children, financial provision, law reports, periodical payments by sally

In re A (A Child) (Financial Provision) [2014] EWCA Civ 1577; [2014] WLR (D) 529

‘The “millionaire’s defence” survived to some degree when the court was determining the appropriate financial provision for the illegitimate child of a father of very great wealth. Accordingly it was not appropriate to contend for a “fair proportion” of the wealth when seeking to determine a sum representing the reasonable needs of the child for the purposes of Schedule 1 to the Children Act 1989.’

WLR Daily, 10th December 2014

Source: www.iclr.co.uk

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Regina (Larkfleet Homes Ltd) v Rutland County Council – WLR Daily

Posted December 18th, 2014 in law reports, local government, planning by sally

Regina (Larkfleet Homes Ltd) v Rutland County Council [2014] EWHC 4095 (Admin); [2014] WLR (D) 534

‘Section 17(7)(za) of the Planning and Compulsory Purchase Act 2004 and regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012 did not prevent the allocation of precise sites for particular development in a neighbourhood development plan.’

WLR Daily, 8th December 2014

Source: www.iclr.co.uk

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Davies v O’Kelly – WLR Daily

Posted December 18th, 2014 in appeals, constructive trusts, law reports, trusts by sally

Davies v O’Kelly [2014] EWCA Civ 1606; [2014] WLR (D) 535

‘In general, equity would not come to the aid of a party who had to rely on his unlawful purpose, but if his right to an equitable interest in property could be identified without the need to rely on his unlawful purpose it might be enforced. In particular, notwithstanding an unlawful purpose between a couple in purchasing property, where the couple later separated it was possible, in the case of a constructive trust just as in the case of a resulting trust, to find, where one of the parties was advancing a claim to his beneficial interest in the relevant property, that he had no need to rely on the unlawful purpose and could therefore advance his claim.’

WLR Daily, 11th December 2014

Source: www.iclr.co.uk

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Hayes v Butters and another – WLR Daily

Posted December 18th, 2014 in bankruptcy, damages, harassment, law reports, trustees in bankruptcy by sally

Hayes v Butters and another [2014] WLR (D) 536

‘In a claim for harassment pursuant to the Protection from Harassment Act 1997, where the claimant claimed personal loss and financial loss, the claim was a hybrid claim which vested in the trustee in bankruptcy.’

WLR Daily, 10th December 2014

Source: www.iclr.co.uk

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New domestic abuse law on controlling behaviour unveiled – BBC News

Posted December 18th, 2014 in consultations, domestic violence, news, sentencing, victims by sally

‘A new domestic abuse offence for “coercive and controlling behaviour” within relationships has been announced by the home secretary.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted December 18th, 2014 in legislation by sally

SI 2014/3315 – The Protection of Freedoms Act 2012 (Commencement No. 10) Order 2014

SI 2014/3294 – The Revenue Scotland and Tax Powers Act 2014 (Consequential Provisions and Modifications) Order 2014

SI 2014/3248 – The Mines Regulations 2014

SI 2015/ – The Single Use Carrier Bags Charges (England) Order 2015

SI 2014/3318 – The Clean Air (Miscellaneous Provisions) (England) Regulations 2014
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BAILII: Recent Decisions

Posted December 18th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Court of Appeal (Civil Division)

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Man banned from having sex with wife by High Court judge – Daily Telegraph

‘Bangladeshi man claims he has right under his culture to have sex with wife, who has mental age of a child, whenever he pleases and she has no right to refuse.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

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The legal confusion over perpendicular parking – BBC News

Posted December 18th, 2014 in news, parking, road traffic offences by sally

‘A Smart car owner has won a year-long battle over a £50 parking ticket given because she parked at a right angle to the kerb. But what is the law, asks Chris Stokel-Walker.’

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BBC News, 17th December 2014

Source: www.bbc.co.uk

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