Billet v Ministry of Defence– Ogden Tables Revisited – Zenith PI Blog

‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’

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Zenith PI Blog, 31st July 2015

Source: www.zenithpi.wordpress.com

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The Right to be Forgotten and the County Court – Panopticon

‘The right to be forgotten is beginning to generate some litigation, albeit not yet with any blaze of glory. Following on from the attempt to judicially review the ICO for refusing to try and enforce an individual’s complaint that his data rights were being breached (see here), earlier this week a claimant failed to get his right to be forgotten claim to fly before the Nottingham County Court.’

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Panopticon, 31st July 2015

Source: www.panopticonblog.com

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Mothers Confined – Part 2: Time for action – Halsbury’s Law Exchange

It is plain that across the board there is a desire for change in relation to women and criminal justice. Many examples exists of wonderful, creative, worthwhile and even evidently successful projects in relation to diverting women away from custody and improving conditions for women who lose their liberty. Research related to women and criminal justice is ongoing from a range of respected and vociferous advocates such as Women’s Breakout, The Prison Reform Trust, Women in Prison and Halsbury’s Law Exchange to name but a few – many working together to effect change. There is no doubt that evidence and recommendations from each of these respected bodies – and more alongside them – will call for real change, offering genuine educated and reasonable arguments for doing so. However arguably (at least for now), the real “power” lies with the Courts, ergo it is the Courts who need to be at the vanguard of change.

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Halsbury’s Law Exchange, 3rd August 2015

Source: www.halsburyslawexchange.co.uk

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Subjective suitability – Nearly Legal

‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):

(7F) The local housing authority shall not –

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’

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Nearly Legal, 2nd August 2015

Source: www.nearlylegal.co.uk

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Two-partner firm succeeds in striking out £8m professional negligence claim – Legal Futures

‘A two-partner central London law firm has succeeded in striking out a professional negligence claim for over £8m.’
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Legal Futures, 3rd August 2015

Source: www.legalfutures.co.uk

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Magistrates resign over court charges that encourage innocent to plead guilty – The Guardian

Posted August 3rd, 2015 in benefits, courts, criminal justice, guilty pleas, magistrates, news, penalties by sally

‘Magistrates have begun to resign in protest at punitive court charges of up to £1,200 that they claim can never be collected and encourage the innocent to plead guilty.’
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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

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Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

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Gillingham and chairman Paul Scally fined £75,000 for ‘race victimisation’ – The Guardian

‘Gillingham and their chairman, Paul Scally, have each been fined £75,000 for “race victimisation” relating to the departure of the striker Mark McCammon in 2011.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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PC Neil Doyle killing: Two men guilty of manslaughter – BBC News

Posted August 3rd, 2015 in assault, homicide, news, police by sally

‘Two men have been found guilty of killing an off-duty policeman in an attack during a night out in Liverpool.’

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BBC News, 31st July 2015

Source: www.bbc.co.uk

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Disinheritance and the law: why you can’t leave your money to whoever you please – The Guardian

Posted August 3rd, 2015 in appeals, charities, consent, local government, news, probate, statistics, trusts, wills by sally

‘When Melita Jackson decided to disinherit her daughter Heather, she knew what she was doing, and her decision was clear. Now a court has ruled that Heather still has a right to a share of her estate. As Britain experiences a surge in will disputes, is our sense of what we owe our children changing?’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Why there’s no such thing as gay adultery in UK law – BBC News

Posted August 3rd, 2015 in divorce, equality, homosexuality, marriage, news by sally

‘A woman who was unable to divorce her husband on the grounds of adultery because he had affairs with men wants the law changed.’

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BBC News, 1st August 2015

Source: www.bbc.co.uk

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Judge criticises social worker over report which ‘might just as well have been written in a foreign language’ – The Independent

Posted August 3rd, 2015 in family courts, judges, news, reports, social services by sally

‘A social worker’s report on a woman who wanted to care for two children might as well have been “written in a foreign language”, a family court judge has suggested.’

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The Independent, 3rd August 2015

Source: www.independent.co.uk

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Street skaters may find their latest moves land them in court – but they are fighting back – The Independent

‘Campaigners claim Public Space Protection Orders are ‘criminalising young people just for being young’.’
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The Independent, 1st August 2015

Source: www.independent.co.uk

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Officer who challenged racism in police cleared of sexual assault charges – The Guardian

‘A retired Asian officer who fought racism in the police has been cleared of sexually assaulting a prisoner almost 30 years ago after claiming the charges against him were part of a vendetta by Scotland Yard.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Illegal immigrants to UK face eviction without court order under new plans – The Guardian

Posted August 3rd, 2015 in asylum, benefits, bills, housing, immigration, landlord & tenant, news, proceeds of crime by sally

‘Immigrants living in Britain illegally will face abrupt eviction from rental properties under new laws designed to make Britain a tougher place to live in, the government will announce as it redoubles its response to the Calais migrant crisis.’

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The Guardian, 3rd August 2015

Source: www.guardian.co.uk

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Ingenious film investors lose human rights challenge over upfront tax – The Guardian

‘More than 150 wealthy investors in controversial film investment schemes, which HMRC says amount to tax avoidance, have lost a human rights challenge to new powers tax inspectors have been deploying to demand upfront payments.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

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Classifieds

Posted July 31st, 2015 in Uncategorized by sally

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Three in four lawyers burnt out – The Lawyer

Posted July 31st, 2015 in barristers, health, legal profession, mental health, news, solicitors, statistics by sally

‘Nearly three in every four lawyers are suffering from burnout or worried about the condition, a survey of 1,000 lawyers has revealed.’
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The Lawyer, 31st July 2015

Source: www.thelawyer.com

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Actor who accused Conservative MP Ken Clarke of sexually assaulting him cleared of perverting the course of justice – The Independent

Posted July 31st, 2015 in news, perverting the course of justice, sexual offences by sally

‘An actor who accused former chancellor Ken Clarke of sexually assaulting him has been cleared of perverting the course of justice.’

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The Independent, 30th July 2015

Source: www.independent.co.uk

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Facebook, drag artists and data protection dilemmas: ‘if you stand on our pitch, you must play by our rules’ – Panopticon

Posted July 31st, 2015 in anonymity, data protection, internet, news, privacy by sally

‘Facebook is one of the main battlegrounds between privacy and other social goods such as safety and security.’
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Panopticon, 31st July 2015

Source: www.panopticonblog.com

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