Chilcot inquiry: families back legal action to speed release of Iraq inquiry – The Guardian

Posted August 28th, 2015 in armed forces, delay, inquiries, Iraq, judicial review, news, reports by sally

‘Lawyers for families who lost relatives in the Iraq war are pushing ahead with legal action aimed at forcing the chair of the inquiry, Sir John Chilcot, to set a timetable for publication of his long-delayed report. The issue could be in court within weeks.’

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The Guardian, 27th August 2015

Source: www.guardian.co.uk

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Law and the ‘illegals’: reforming UK immigration detention – Halsbury’s Law Exchange

Posted August 28th, 2015 in asylum, deportation, detention, immigration, news, time limits by sally

‘The UK has the largest immigration detention estate in Europe, with approximately 30,000 individuals being detained under immigration powers over the course of the last year. The vast majority of detainees are held in Immigration Removal Centres (IRCs), however detainees can be held in a number of different locations including prisons, and even less satisfactorily, police cells. The UK is the only EU country to also not impose an upper time limit on the use of immigration detention. This article considers a number of policy areas relating to immigration detention which have come under heavy scrutiny and may identify potential opportunities for reform.’

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Halsbury’s Law Exchange, 27th August 2015

Source: www.halsburyslawexchange.co.uk

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Austerity and the prison – OUP Blog

Posted August 28th, 2015 in budgets, criminal justice, legal aid, news, prisons by sally

‘Greece is not alone in suffering from budget cuts arising from the era of austerity. In the UK, local councils, libraries, museums – all public services have been cut. Criminal Justice has not escaped this cost-cutting. The consequence has been fewer police officers on the streets, less money for legal aid lawyers, and closures of Magistrates courts. Prisons too have been hit; the government has reduced the amount it spends running correctional facilities. This has meant fewer programs and services for prisoners, more austere prisons as well as more work for fewer prison officers.’

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OUP Blog, 28th August 2015

Source: www.blog.oup.com

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Lee Rigby internet troll spared jail – BBC News

‘An internet troll who claimed the murder of Lee Rigby was a conspiracy has been spared jail.’
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BBC News, 27th August 2015

Source: www.bbc.co.uk

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Former private school teacher jailed for making indecent images of children – The Guardian

Posted August 28th, 2015 in indecent photographs of children, news, sentencing, teachers by sally

‘A former teacher has been jailed after admitting making indecent images of scores of children using hidden cameras at a boarding school, behaviour the judge called his “fatal flaw”.’

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The Guardian, 27th August 2015

Source: www.guardian.co.uk

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Unison plans Supreme Court appeal after latest setback on employment tribunal fees – Local Government Lawyer

Posted August 28th, 2015 in appeals, employment tribunals, fees, news, Supreme Court, trade unions by sally

‘Unison has applied for permission to take its legal challenge to the Government’s introduction of employment tribunal fees to the Supreme Court, after the Court of Appeal this week rejected the union’s claims.’

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Local Government Lawyer, 27th August 2015

Source: www.localgovernmentlawyer.co.uk

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John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs [2015] UKSC 56

Supreme Court, 29th July 2015

Source: www.youtube.com/user/UKSupremeCourt

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Tipstaff Orders – Family Law Week

Posted August 27th, 2015 in child abduction, enforcement, family courts, news, practice directions by sally

‘Sarah Jennings, barrister of 3PB Chambers, examines the purpose of and procedure for obtaining tipstaff orders.’

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Family Law Week, 26th August 2015

Source: www.familylawweek.co.uk

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Fitness for purpose clauses in construction contracts – Hardwicke Chambers

Posted August 27th, 2015 in appeals, construction industry, contracts, foreign jurisdictions, news by sally

‘Despite heightened focus on fitness for purpose clauses following the Court of Appeal’s recent decision in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 (“Robin Rigg”), such clauses are not new and have been used in construction contracts for a number of years.’

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Hardwicke Chambers, 11th August 2015

Source: www.hardwicke.co.uk

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Is the Government’s recent Trade Union bill compliant with the European Convention on Human Rights? – Cloisters

Posted August 27th, 2015 in bills, consultations, human rights, news, trade unions by sally

‘In what has been billed as the biggest crackdown on trade union rights for 30 years, the Conservative government have published a draft Trade Union Bill along with three separate consultation documents on ballot thresholds in important public services, hiring agency staff during industrial action and tackling intimidation of non-striking workers.’

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Cloisters, 4th August 2015

Source: www.cloisters.com

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The Liability of Hoteliers for Child Abuse and Child Exploitation – Six Pump Court

Posted August 27th, 2015 in child abuse, foreign jurisdictions, hotels, negligence, news, police by sally

‘Certain hotels are sited in city centres or close to the main road networks. They are easily accessible and some are vulnerable to misuse by those engaged in crime. Bookings can be made late at night; guests might arrive in large groups; they are sometimes able to bypass reception either on arrival or on departure; there may be no night receptionist to check who might be brought in. It is not unknown for particular hotels in particular areas to be used for the exploitation of vulnerable persons. It may be argued that certain hoteliers are on notice of a possible problem relating to the exploitation of young people within the network. The question is what is to be done to protect young people who might be taken to an hotel and there abused and to limit the exposure of the hotelier to liability for any claim which might be made against them. Some hoteliers actively seek the assistance of bodies such as the NSPCC in the preparation of training for staff. Training is not enough. Nor is the fact that guest accompanying a child may be obliged to identify the child and their relationship with the child.’

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Six Pump Court, 10th August 2015

Source: www.6pumpcourt.co.uk

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Secondary victims: A race between the claimant and the ambulance? – Hardwicke Chambers

Posted August 27th, 2015 in negligence, news, personal injuries, victims by sally

‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘

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Hardwicke Chambers, 29th July 2015

Source: www.hardwicke.co.uk

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Setting the bar high for secondary victim claims – Hardwicke Chambers

Posted August 27th, 2015 in appeals, negligence, news, personal injuries, psychiatric damage, victims by sally

‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
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Hardwicke Chambers, 29th August 2015

Source: www.hardwicke.co.uk

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Home is where… the structure is annexed to the ground – Hardwicke Chambers

Posted August 27th, 2015 in holidays, landlord & tenant, news by sally

‘This was one of those rare cases where the facts just do not fit comfortably with the law.’
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Hardwicke Chambers, 12th August 2015

Source: www.hardwicke.co.uk

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Funding Problems on the Horizon for family lawyers (and their clients) – Family Law Week

Posted August 27th, 2015 in costs, divorce, financial provision, law firms, matrimonial home, news, solicitors by sally

‘Stuart Clark, Associate Solicitor with The International Family Law Group LLP considers the implications of increased use of s.37 MCA 1973 in setting aside payments on account of costs in financial remedies cases.’

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Family Law Week, 20th August 2015

Source: www.familylawweek.co.uk

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EVENT: Gresham College – Prison and Why We Send People There: Does it Work? Should it?

Posted August 27th, 2015 in Forthcoming events by sally

‘They deserve to be put away’; ‘Appeal the sentence – too short’; ‘They should lock him up and throw away the key’. How civilised has it ever been to imprison other humans – or to want to do it? How many prisoners had their fates determined by circumstance, how many by truly free will? How often has increasing in prison building been used to increase a politician’s vote? How impossible would it be for most politicians to argue for fewer prisons because they do not work, when as a society we have to assume they do?

Date: 2nd December 2015, 6.00pm

Location: Barnard’s Inn Hall

Charge: Free

More information can be found here.

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Data breach management – making use of legal privilege – OUT-LAW.com

Posted August 27th, 2015 in data protection, documents, news, privilege by sally

‘FOCUS: Businesses that experience data security breaches can use the law of legal privilege to investigate the circumstances of those breaches without fear that internal investigation documents will be used against them by regulators or litigants.’

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OUT-LAW.com, 26th August 2015

Source: www.out-law.com

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Finance & Divorce Update – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during July 2015.’

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Family Law Week, 15th August 2015

Source: www.familylawweek.co.uk

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EVENT: Gresham College – Free Speech and the Study of History

Posted August 27th, 2015 in Forthcoming events by sally

‘A growing number of countries have so-called memory laws, ranging from the criminalisation of Holocaust denial, to prescriptions for the teaching of certain subjects, memorial days and public monuments. Which, if any, of these are justified? Which are more effective in combating evils they are supposed to combat, based on misinterpretations of the past?’

Date: 28th October 2015, 6.00pm

Location: Museum of London

Charge: Free

More information can be found here.

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Regina (Rowe and others) v Revenue and Customs Commissioners – WLR Daily

Posted August 27th, 2015 in human rights, income tax, law reports, notification, partnerships, ultra vires by sally

Regina (Rowe and others) v Revenue and Customs Commissioners [2015] EWHC 2293 (Admin); [2015] WLR (D) 369

‘Partner payment notices issued by the Revenue and Customs Commissioners under paragraph 3(3) of Schedule 32 to the Finance Act 2014 were not unlawful.’

WLR Daily, 31st July 2015

Source: www.iclr.co.uk

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