Family pressure group “had no business” in applying for habeas corpus on behalf of mother – UK Human Rights Blog

‘An application for habeas corpus by a pressure group was completely “hopeless” and “entirely misconceived”. The appellant’s challenge to the decision of the judge below was equally devoid of merit. Third party applications are only appropriate where the prisoner is incommunicado or where the impediment preventing the prisoner from acting is ignorance or disability. It was entirely inappropriate in these circumstances, where the prisoner had been represented by counsel throughout the proceedings which resulted in her imprisonment, or where her detention had already ended before the application for habeas corpus was made.’

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UK Human Rights Blog, 18th November 2014

Source: www.ukhumanrightsblog.com

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PCC admits Essex Police failed child rape victim – BBC News

Posted November 19th, 2014 in child abuse, children, news, police, rape, young offenders by sally

‘A five-year-old rape victim who wrote to officers telling them they had let her down was failed by Essex Police, the force’s police and crime commissioner has said.’

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BBC News, 18th November 2014

Source: www.bbc.co.uk

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The jail that has reduced violence by helping inmates escape from the gang – The Guardian

Posted November 19th, 2014 in crime, families, gangs, murder, news, prisons, rehabilitation, young offenders by sally

‘Gang rivalries are driving up assaults in custody, but one prison has cut violent incidents by 75%.’

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The Guardian, 19th November 2014

Source: www.guardian.co.uk

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Tania Clarence sentenced: Husband of depressed New Malden mother who killed children criticises medics for ‘pressuring family to submit to operations’ – The Independent

Posted November 19th, 2014 in disabled persons, families, homicide, mental health, news, sentencing by sally

‘The husband of a depressed mother who killed her three young disabled children has criticised medical professionals for the “constant pressure” placed on the family to “submit the children to operations and other interventions”.’

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The Independent, 18th November 2014

Source: www.independent.co.uk

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Rotherham abuse scandal: IPCC to investigate conduct of 10 police officers – The Guardian

Posted November 19th, 2014 in child abuse, children, evidence, negligence, news, police, sexual offences, victims by sally

‘The Independent Police Complaints Commission (IPCC) is to investigate the conduct of 10 South Yorkshire police officers in relation to their handling of reported child sexual exploitation in Rotherham.’

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The Guardian, 18th November 2014

Source: www.guardian.co.uk

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Japanese Knotweed: Asbos for failure to control invasive plants – BBC News

Posted November 19th, 2014 in ASBOs, environmental protection, news, sale of land by sally

‘People who fail to control the spread of invasive non-native plants such as Japanese Knotweed could be fined or receive anti-social behaviour orders (Asbos), the government says.’

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BBC News, 19th November 2014

Source: www.bbc.co.uk

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Theresa May unveils shakeup of police disciplinary system – The Guardian

Posted November 19th, 2014 in complaints, consultations, corruption, disciplinary procedures, news, police by sally

‘The Home Secretary, Theresa May, has announced a shakeup of the internal police disciplinary system, including holding hearings in public and ending payoffs for senior officers found guilty of misconduct, to be introduced before the general election.’

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The Guardian, 18th November 2014

Source: www.guardian.co.uk

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Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Regina (Cushnie) v Secretary of State for Health – WLR Daily

Posted November 18th, 2014 in asylum, equality, health, law reports, medical treatment, regulations by sally

Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484

‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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Regina (Harkins) v Secretary of State for the Home Department and another – WLR Daily

Posted November 18th, 2014 in extradition, jurisdiction, law reports by sally

Regina (Harkins) v Secretary of State for the Home Department and another [2014] EWHC 3609 (Admin); [2014] WLR (D) 485

‘The test to be used for re-opening a judicial review of a decision to extradite was analogous to that in CPR r 52.17.
The Divisional Court so held in refusing Phillip Harkins’s renewed application for permission to claim judicial review of the Secretary of State for the Home Department’s decision that he should be extradited to the United States of America on charges of murder and attempted robbery. The Government of the USA was joined as an interested party.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

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L v M (R and another intervening) – WLR Daily

Posted November 18th, 2014 in children, custody, EC law, jurisdiction, law reports by sally

L v M (R and another intervening) (Case C-656/13) EU:C:2014:2364; [2014] WLR (D) 480

‘Article 12(3) of Council Regulation (EC) No 2201/2003 allowed, for the purposes of proceedings in matters of parental responsibility, the jurisdiction of a court of a member state which was not that of the child’s habitual residence to be established even where no other proceedings were pending before the court chosen. Article 12(3)(b) meant that it could not be considered that the jurisdiction of the court seised by one party of proceedings in matters of parental responsibility had been “accepted expressly or otherwise in an unequivocal manner by all the parties to the proceedings” where the defendant in those proceedings subsequently brought a second set of proceedings before the same court and, on taking the first step required of him in the first proceedings, pleaded the lack of jurisdiction of that court.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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Posted November 18th, 2014 in news by sally

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Dano v Jobcenter Leipzig – WLR Daily

Posted November 18th, 2014 in benefits, EC law, freedom of movement, law reports, social security by sally

Dano v Jobcenter Leipzig (Case C-333/13) EU:C:2014:2358; [2014] WLR (D) 477

‘Article 24(1) of Parliament and Council Directive 2004/38/EC, in conjunction with article 7(1)(b), and article 4 of Regulation No 883/2004 (as amended by Regulation No 1244/2010) allowed legislation of a member state under which nationals of other member states were excluded from entitlement to certain “special non-contributory cash benefits” within the meaning of article 70(2) of Regulation No 883/2004, although those benefits were granted to nationals of the host member state who were in the same situation, in so far as those nationals of other member states did not have a right of residence under Directive 2004/38 in the host member state.’

WLR Daily, 11th November 2014

Source: www.iclr.co.uk

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In re D (A Child) – WLR Daily

Posted November 18th, 2014 in care orders, law reports, legal aid, legal representation by sally

In re D (A Child) [2014] EWFC 39 ; [2014] WLR (D) 471

‘It was the responsibility—indeed, the duty—of the judges in the Family Court and the Family Division to ensure that proceedings before them were conducted justly and in a manner compliant with the requirements of articles 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Where legal aid was unavailable in care proceedings there were, in theory, three other possible sources of public funding: (i) the local authority, as the public authority bringing the proceedings, (ii) the legal aid fund, on the basis that the child’s own interests required an end to the delay and a process which was just and Convention-compliant, or (iii) Her Majesty’s Courts and Tribunals Service, on the basis that the court was a public authority required to act in a Convention-compliant manner.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

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Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another – WLR Daily

Posted November 18th, 2014 in appeals, defamation, law reports, limitations, time limits by sally

Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another [2014] EWCA Civ 1411; [2014] WLR (D) 474

‘Where a court was determining whether to exercise its discretion under section 32A of the Limitation Act 1980 to disapply the one-year limitation period applying by virtue of section 4A of the 1980 Act to a claim for libel, the claimant’s ignorance of the limitation period would rarely if ever be a factor which carried any or any significant weight given the policy reasons underlying the one-year limitation period for libel claims.’

WLR Daily, 30th October 2014

Source: www.iclr.co.uk

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Regina v Pooley (Jonathan); Regina v Lubemba – WLR Daily

Posted November 18th, 2014 in children, criminal procedure, cross-examination, law reports, trials, witnesses by sally

Regina v Pooley (Jonathan); Regina v Lubemba [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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Cartiera dell’Adda SpA v CEM Ambiente SpA – WLR Daily

Cartiera dell’Adda SpA v CEM Ambiente SpA (Case C-42/13) EU:C:2014:2345; [2014] WLR (D) 468

‘Article 45 of Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts (as amended by Commission Regulation (EC) No 1177/2009 of 30 November 2009), read in conjunction with article 2 of the Directive, and the principle of equal treatment and the obligation of transparency did not preclude the exclusion of an economic operator from a procurement procedure on the ground that the operator had failed to comply with the requirement laid down in the contract documentation to annex to his bid, on pain of exclusion, a statement that the person designated as the operator’s technical director had not been the subject of criminal proceedings or a conviction, even where, at a date after the expiry of the deadline for submitting bids, such a statement had been provided to the contracting authority or it was shown that the person in question was identified as the technical director in error.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

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Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers – WLR Daily

Posted November 18th, 2014 in children, collective agreements, EC law, law reports, part-time work by sally

Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers (Case C-476/12) ECLI:EU:C:2014:2332; [2014] WLR (D) 467

‘The principle pro rata temporis applied to the calculation of the amount of a dependent child allowance paid by an employer to a part-time worker pursuant to a collective agreement pursuant to clause 4.2 of the Framework Agreement on part-time work.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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Parents face funding test to stop their children going into care – The Bar Council

Posted November 18th, 2014 in care orders, legal aid, legal representation, news by sally

‘Parents facing the prospect of having their children taken away from them should have legal aid to fight their case, the Bar Council has said.’

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The Bar Council, 17th November 2014

Source: www.barcouncil.org.uk

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