Tetra Pak heir Hans Rausing avoids jail over failing to bury wife Eva – The Independent

“Hans Rausing, one of Britain’s richest men, avoided a jail sentence today after he admitted preventing the lawful and decent burial of his wife Eva’s body.”

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The Independent, 1st August 2012

Source: www.independent.co.uk

Sean Rigg death in custody: police used unnecessary force, jury finds – The Guardian

Posted August 2nd, 2012 in death in custody, inquests, mental health, news, police, restraint by sally

“An inquest jury has concluded that police used unsuitable and unnecessary force on a man who died in custody, with officers failing to uphold the detained man’s basic rights as he collapsed after being pinned down for eight minutes.”

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The Guardian, 1st August 2012

Source: www.guardian.co.uk

Woman wins £1.3m damages after growing to 6ft 5in because of tumour – The Guardian

Posted August 2nd, 2012 in damages, health, negligence, news by sally

“A woman who says she feels like a freak because of the effect on her growth of an undiagnosed tumour has won almost £1.3m damages.”

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The Guardian, 1st August 2012

Source: www.guardian.co.uk

Damages uplift ruling sparks call for clarity – Law Society’s Gazette

Posted August 2nd, 2012 in damages, news by sally

“Lawyers have called for extra guidance after claiming a judicial announcement on damages raises more questions than answers.”

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Law Society’s Gazette, 2nd August 2012

Source: www.lawgazette.co.uk

Man who gave Nazi salute at a basketball match fined £2,500 – The Guardian

Posted August 2nd, 2012 in fines, news, public order, racism, sport by sally

“A Lithuanian man who gave a Nazi salute during an Olympic basketball match has become the first person to be convicted of a racially aggravated offence at the Games and fined £2,500. He was told that his behaviour and that of other Lithuanian fans was ‘despicable’.”

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The Guardian, 1st August 2012

Source: www.guardian.co.uk

Remand prisoners treated worse than sentenced inmates – report – The Guardian

Posted August 2nd, 2012 in news, prisons, remand, reports, sentencing by sally

“Tens of thousands of remand prisoners who are yet to be convicted are treated far worse in jails in England and Wales than sentenced prisoners, according to an official watchdog report.”

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The Guardian, 2nd August 2012

Source: www.guardian.co.uk

Ali twins jailed for funding terrorism abroad – BBC News

Posted August 2nd, 2012 in families, news, sentencing, terrorism by sally

“Identical twin brothers from London, who admitted raising money in England to fund terrorism abroad, have been jailed for three years.”

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BBC News, 1st August 2012

Source: www.bbc.co.uk

Regina (Foley) v Parole Board for England and Wales and another – WLR Daily

Posted August 1st, 2012 in early release, law reports, parole, prisons, release on licence, sentencing by sally

Regina (Foley) v Parole Board for England and Wales and another [2012] EWHC 2184 (Admin); [2012] WLR (D) 241

“There could no longer be any objective justification for the different tests governing early release applied by the Parole Board to those serving indeterminate sentences and those serving determinate sentences under the Criminal Justice Act 1991.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily

Posted August 1st, 2012 in care orders, families, judgments, law reports, split hearings by sally

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) [2012] EWCA Civ 984; [2012] WLR (D) 240

“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Arif v Zar and another – WLR Daily

Arif v Zar and another [2012] EWCA Civ 986; [2012] WLR (D) 239

“In relation to a bankruptcy order, the court sitting in bankruptcy had to give consideration to the possibility that a person might attempt to use the protection of the order as a shield against the claims of their spouse for ancillary relief. Where there was credible evidence of that the court ought not to be afraid to use its powers to order full disclosure and to require the attendance and cross-examination of witnesses where necessary in order properly and fairly to determine an annulment application. The question of whether it was right to transfer an annulment application to be heard alongside an ancillary relief application in the Family Division depended upon the facts and was a matter of discretion for the registrar or judge asked to transfer it.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Serious Organised Crime Agency v Perry and others; Serious Organised Crime Agency v Perry and others (No 2) – WLR Daily

Serious Organised Crime Agency v Perry and others; Serious Organised Crime Agency v Perry and others (No 2) [2012] UKSC 35; [2012] WLR (D) 238

“A disclosure order obtained in civil recovery proceedings did not authorise sending information notices to persons who were outside the United Kingdom.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Regina (YZ (China)) v Secretary of State for the Home Department – WLR Daily

Posted August 1st, 2012 in appeals, deportation, families, immigration, judicial review, law reports by sally

Regina (YZ (China)) v Secretary of State for the Home Department [2012] EWCA Civ 1022; [2012] WLR (D) 237

“Where a foreign national was removed from the United Kingdom in consequence of the unlawful issue of a certificate under section 96(2) of the Nationality, Immigration and Asylum Act 2002 following refusal by the Secretary of State of his application for revocation of a deportation order, there was no presumption that the court should order his return to pursue an in-country appeal.”

WLR Daily, 26th July 2012

Source: www.iclr.co.uk

Bilta (UK) Ltd (in liquidation) and others v Nazir and others – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others [2012] EWHC 2163 (Ch); [2012] WLR (D) 236

“Section 213 of the Insolvency Act 1986 had extraterritorial effect. Sir Andrew Morritt C so held in the Chancery Division when dismissing the application by the sixth defendant Jetivia SA (‘Jetivia’), a company incorporated in Switzerland, and the seventh defendant, its sole director Urs Brunschweiler (‘B’), seeking orders that the claim by the second and third claimants, Kevin John Hellard and David Anthony Ingram, the liquidators of the first claimant, Bilta (UK) Ltd (‘Bilta’), alleging that the defendants had conspired to injure and defraud Bilta and were knowingly parties to the carrying on of the business of Bilta with intent to defraud the creditors of Bilta and other fraudulent purposes, should be summarily dismissed. Save for the ninth defendant, only Jetivia and B were now participating in the proceedings.”

WLR Daily, 30th July 2012

Source: www.iclr.co.uk

Hewage v Grampian Health Board – WLR Daily

Hewage v Grampian Health Board [2012] UKSC 37; [2012] WLR (D) 235

“In considering a claim for discrimination in the employment tribunal, the statutory burden of proof provisions only required careful attention where there was room for doubt as to the facts necessary to establish discrimination.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Chambers v Director of Public Prosecutions – WLR Daily

Chambers v Director of Public Prosecutions [2012] EWHC 2157 (Admin); [2012] WLR (D) 234
“A message which did not create fear or apprehension in those to whom it was communicated, or who may reasonably have been expected to see it, was not of a ‘menacing character’ within the meaning section 127(1)(a) of the Communications Act 2003. That provision created an offence of basic intent and, accordingly, the mental element of the offence was satisfied if the accused were proved to have intended that the message should have been of menacing character or alternatively, to have been aware of or to have recognised the risk at the time of sending the message that it might have created fear or apprehension in any reasonable member of the public who had read or seen it. Moreover, a ‘tweet’ sent via the social networking site Twitter, was ‘a message’ sent by an electronic communications service for the purposes of section 127(1) of the 2003 Act regardless of whether the tweet was read as a ‘message’ or as content on the website.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Regina (NB (Algeria)) v Secretary of State for the Home Department – WLR Daily

Posted August 1st, 2012 in appeals, asylum, judicial review, jurisdiction, law reports, stay of execution by sally

Regina (NB (Algeria)) v Secretary of State for the Home Department [2012] EWCA Civ 1050; [2012] WLR (D) 233

“The Court of Appeal had jurisdiction to grant an claimant, whose claim for judicial review of a removal order had been rejected by Upper Tribunal, a stay of his removal until his application for permission to appeal had been considered by the Court of Appeal.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Government criticised for keeping Iraq war talks secret – BBC News

Posted August 1st, 2012 in attorney general, freedom of information, Iraq, news, veto, war by sally

“The decision to keep Iraq war cabinet minutes secret is ‘disappointing’, the UK information commissioner has said.”

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BBC News, 1st August 2012

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 1st, 2012 in legislation by sally

The Data Protection (Processing of Sensitive Personal Data) Order 2012

The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012

The Social Security (Civil Penalties) Regulations 2012

The Special Constables (Amendment) Regulations 2012

The Police (Amendment No. 3) Regulations 2012

The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012

The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2012

The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2012

The Designation of Features (Appeals) (Wales) Regulations 2012

Source: www.legislation.gov.uk

The City deserves a financial regulator with clout – The Guardian

Posted August 1st, 2012 in financial regulation, news, Serious Fraud Office, warrants by sally

“The language of the high court judgment in effect quashing search warrants against Mayfair property tycoon brothers Robert and Vincent Tchenguiz was not as critical of the Serious Fraud Office as might have been expected.”

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The Guardian, 31st July 2012

Source: www.guardian.co.uk

Tchenguiz Brothers’ search warrants ruled unlawful – BBC News

Posted August 1st, 2012 in misrepresentation, news, search & seizure, Serious Fraud Office, warrants by sally

“Search warrants issued to the Serious Fraud Office as part of its investigations of property tycoons the Tchenguiz brothers were unlawful and obtained by ‘misrepresentation’, the High Court has ruled.”

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BBC News, 31st July 2012

Source: www.bbc.co.uk