The prison service’s treatment of women is shameful – The Guardian
“The Ministry of Justice should act now to prevent more deaths of women in their care at New Hall prison in Wakefield.”
The Guardian, 30th October 2012
Source: www.guardian.co.uk
Day: 30 October 2012
Osezua Osolase jailed for ‘juju’ rituals trafficker – BBC News
“A man who carried out ‘juju’ witchcraft on teenage girls he trafficked from Nigeria to Europe for prostitution has been jailed for 20 years.”
BBC News, 29th October 2012
Source: www.bbc.co.uk
Domestic violence victim was failed by police, report finds – The Guardian
“A domestic violence victim who was found stabbed to death in her home was let down by police who failed to respond urgently on the day of her murder, a report has found.”
The Guardian, 30th October 2012
Source: www.guardian.co.uk
Prosecuting human trafficking and slavery, the law and the UK response – Solicitor General, Oliver Heald QC MP
Prosecuting human trafficking and slavery, the law and the UK response
Solicitor General, Oliver Heald QC MP
Bradford University, 29th October 2012
Source: www.attorneygeneral.gov.uk
Minimum sentences, minimum justice – Zenith Chambers
“A five year old girl, Thusha Kamaleswaran, was shot through the spine and paralysed from the waist down for life, in March 2011. She was in her uncle’s shop in Stockwell, London, when two bullets were fired from a gun by a gang member from outside into the shop. Three men were put on trial for the shooting, and convicted at the Old Bailey on 26th March 2012. The jury at the trial were shown CCTV footage of Thusha skipping happily in the aisle in her pink dress and red cardigan shortly before she was struck. ”
Full story (PDF)
Zenith Chambers, 23rd October 2012
Source: www.zenithchambers.co.uk
The Interface between the Mental Health Act 1983 and the Mental Capacity Act 2005 – Thirty Nine Essex Street
“There are, in one sense, multiple interfaces between the Mental Health Act 1983 and the Mental Capacity Act 2005: those concerning medical treatment, welfare and finances as well as restriction and deprivation of liberty. This paper focuses upon the latter since there is a confusing line of authority developing on the topic, and because there remain a number of questions to be answered and problems to be solved. It is fair to say that today’s talk perhaps raises more questions than it provides answers.”
Thirty Nine Essex Street, 15th October 2012
Source: www.39essex.com
Cohabitation Update – Zenith Chambers
“The purpose of this seminar is to consider the law on constructive trusts following Jones v. Kernott and recent developments regarding cohabiting couples.”
Full story (PDF)
Zenith Chambers, 25th October 2012
Source: www.zenithchambers.co.uk
End of life – where are we now? – Thirty Nine Essex Street
“Since the multitude of reflections provoked by the case of W v M and others [2011] EWHC 2443 (CoP) at the end of last year, there have been yet more difficult end of life decisions for the Courts this year. The tension between concepts of autonomy and dignity on the one hand, and respect for the sanctity of life and the duty to take steps to preserve it on the other, remain real and not easily resolved.”
Full story (PDF)
Thirty Nine Essex Street, 24th October 2012
Source: www. 39essex.com
Fire, flood and tempest… – Hardwicke Chambers
“Arthur Moore considers the liability of landlords in instances of fire damage.”
Hardwicke Chambers, 11th October 2012
Source: www.hardwicke.co.uk
Children, Seatbelts and Parental Duties: strap up or pay up? – Zenith Chambers
“It has long been accepted that a failure to wear a seatbelt will affect proportion of damages that a Claimant can receive for an accident, if that failure caused or contributed to his injury. This new case from April 2012 applies the same reasoning to the use of child seats and the apportionment of liability.”
Full story (PDF)
Zenith Chambers, 22nd October 2012
Source: www.zenithchambers.co.uk
Crown Court means testing of criminal legal aid – Ministry of Justice
“The proposals set out in this consultation paper seek to improve the effectiveness of the Crown Court means testing scheme of criminal legal aid.”
Ministry of Justice, 30th October 2012
Source: www.justice.gov.uk
Bamford v Harvey and another – WLR Daily
Bamford v Harvey and another [2012] EWHC 2858 (Ch); [2012] WLR (D) 298
“‘Wrongdoer control’ of a company was not an absolute preclusive condition for the bringing of a derivative claim. However. where proceedings clearly could have been brought in the name of the company and no objection was raised on that ground, they should be so brought.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
A v A – WLR Daily
A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297
“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”
WLR Daily, 26th October 2012
Source: www.iclr.co.uk
Prest v Prest and others – WLR Daily
Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296
“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”
WLR Daily, 26th October 2012
Source: www.iclr.co.uk
Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily
“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”
WLR Daily, 25th October 2012
Source: www.iclr.co.uk
Abdulla and others v Birmingham City Council – WLR Daily
Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294
“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”
WLR Daily, 24th October 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012
The Play Sufficiency Assessment (Wales) Regulations 2012
The General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012
The Sea Fish (Specified Sea Areas) (Prohibition of Fishing Method) (Wales) Order 2012
Source: www.legislation.gov.uk
Inquests – Garden Court Chambers Blog
“Deirdre Malone on an inquest into the tragic deaths of family members killed in a house fire, and the lessons to be learned.”
Garden Court Chambers Blog, 30th October 2012
Source: www.gclaw.wordpress.com
Legal aid cheats targeted by Ministry of Justice – BBC News
“Criminals who collectively owe millions of pounds in legal aid could have their assets seized under government plans.”
BBC News, 30th October 2012
Source: www.bbc.co.uk
