Brace yourself for unprecedented change, says master of rolls – Law Society’s Gazette

Posted October 19th, 2012 in costs, fees, legal aid, legal profession, news by sally

“Implementing the Jackson costs reforms will inevitably lead to satellite litigation, the master of the rolls has warned. He urged courts and lawyers to ‘do what they can’ to minimise it.”

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Law Society’s Gazette, 19th October 2012

Source: www.lawgazette.co.uk

Caroline Coyne murder: Carl Powell jailed – BBC News

Posted October 19th, 2012 in murder, news, sentencing, sexual offences by sally

“A man described as sexually obsessive and predatory has been given a life sentence for murdering a young woman and sexually assaulting another.”

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BBC News, 18th October 2012

Source: www.bbc.co.uk

Young offenders should be screened for brain injuries – The Guardian

Posted October 19th, 2012 in criminal justice, mental health, news, young offenders by sally

“A report published on Friday makes some surprising and rather alarming claims. Apparently, 60% of young people in custody say they have experienced a traumatic brain injury. To put this figure into perspective, the incidence of brain injury is typically higher in the population under 25 than in older people, but recent research cited in the report suggests it is higher still for under-25s who find themselves involved in the criminal justice system.”

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The Guardian, 19th October 2012

Source: www.guardian.co.uk

The revolving door of EU criminal justice – UK Human Rights Blog

Posted October 19th, 2012 in criminal justice, EC law, news, veto, warrants by sally

“There has been much in the press recently about the UK Government being minded to opt out, and/or in, of EU criminal justice measures. The implications of this decision will be significant to the UK’s ability to investigate and prosecute crime. So what does it all mean?”

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UK Human Rights Blog, 18th October 2012

Source: www.ukhumanrightsblog.com

Court lifts ban on naming Jeremy Forrest in child abduction case – The Guardian

Posted October 19th, 2012 in anonymity, kidnapping, news, reporting restrictions, teachers by sally

“It is now possible to report that school teacher Jeremy Forrest appeared in court on child abduction charges, after a magistrate court relaxed an unusual court order that had prevented the defendant from being named.”

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The Guardian, 18th October 2012

Source: www.guardian.co.uk

MoD Iraq ‘negligence’ claim ruling due – BBC News

Posted October 19th, 2012 in armed forces, duty of care, human rights, negligence, news by sally

“The families of four UK soldiers killed in Iraq are to find out later whether they can sue the Ministry of Defence.”

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BBC News, 19th October 2012

Source: www.bbc.co.uk

Gary McKinnon’s ordeal is over – now put a stop to all needless extraditions – The Guardian

Posted October 19th, 2012 in computer crime, extradition, human rights, mental health, news by sally

“Theresa May is to be congratulated for halting McKinnon’s extradition, but she must legislate to prevent future injustice.”

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The Guardian, 18th October 2012

Source: www.guardian.co.uk

Prisoners should get vote says human rights chief Baroness O’Neill – Daily Telegraph

Posted October 19th, 2012 in elections, human rights, news, prisons, rehabilitation by sally

“Prisoners should be given the right to vote in an attempt to help them reintegrate into society, the newly appointed chair of the human rights watchdog has said.”

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Daily Telegraph, 19th October 2012

Source: www.telegraph.co.uk

PC Alex MacFarlane: No verdict in race abuse trial – BBC News

Posted October 19th, 2012 in harassment, juries, news, police, prosecutions, racism by sally

“A jury has failed to reach a verdict in the trial of a policeman accused of racially abusing a suspect days after the riots in London last year.”

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BBC News, 18th October 2012

Source: www.bbc.co.uk

Ben Butler’s case reminds us the justice system is not infallible – The Guardian

“Ben Butler, found to have shaken his seven week old baby in both care proceedings and criminal proceedings in 2008, has finally been declared an innocent man. Ben had taken his daughter Ellie to hospital after she had collapsed with breathing problems, but suspicion quickly fell on him when doctors believed the symptoms she displayed were conclusive evidence of shaking. Five years on, and the discovery of medical evidence that no one had previously seen, a high court judge has exonerated Ben of any wrongdoing.”

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The Guardian, 18th October 2012

Source: www.guardian.co.uk

Employer’s liability for accidents resulting from excessive working hours – Hardwicke Chambers

Posted October 18th, 2012 in accidents, employment, news, working time by sally

“British workers put in some of the longest hours in Europe, and the burden falls particularly heavily on shift workers. You have often seen the signs ‘Tiredness Kills’ along motorways. In many instances this is literally true and over-tired drivers coming home from long shifts pose a real hazard to themselves and other road users.”

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Hardwicke Chambers, 10th October 2012

Source: www.hardwicke.co.uk

Costly ‘prizes’ firms breach EU law, judges rule – The Independent

Posted October 18th, 2012 in consumer protection, EC law, news, unfair commercial practices by sally

“Companies tantalising consumers with ‘prizes’ which then cost money to claim or use are breaching EU law, judges ruled today.”

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The Independent, 18th October 2012

Source: www.independent.co.uk

Addressing the issue – Hardwicke Chambers

Posted October 18th, 2012 in landlord & tenant, leases, news, rent, tribunals by sally

“The appeal in Beitov Properties Ltd v Elliston Bentley Martin [2012] UKUT 133 (LC) highlights three issues for landlords: compliance with s47 of the Landlord & Tenant Act 1987, remedying non-compliance, and the Leasehold Valuation Tribunal’s procedure and jurisdiction.”

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Hardwicke Chambers, 12th October 2012

Source: www.hardwicke.co.uk

Fire, flood and tempest… – Hardwicke Chambers

Posted October 18th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“The repairing obligations imposed on the landlord of a ‘dwelling-house’ by s.11(1) of the Landlord and Tenant Act 1985 are well known: the landlord must keep in repair the structure and exterior of the dwelling-house, as well as the installations within it.”

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Hardwicke Chambers, 11th August 2012

Source: www.hardwicke.co.uk

Beauty and the beast – An overview of claims arising out of cosmetic and beauty treatments – Hardwicke Chambers

Posted October 18th, 2012 in cosmetic surgery, negligence, news by sally

“Beauty and cosmetic treatments are becoming ever more accessible and affordable to the public, and the frequency of claims arising out of negligent beauty and cosmetic treatments is on the increase. Injuries sustained when things go wrong can be painful, distressing and uncomfortably intimate, and can have a severe psychological effect on a claimant in addition to the painful physical injury.”

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Hardwicke Chambers, 10th October 2012

Source: www.hardwicke.co.uk

LIBOR to be regulated as Government accepts Wheatley’s recommendations “in full” – OUT-LAW.com

Posted October 18th, 2012 in banking, bills, crime, financial regulation, interest, news by sally

“Administering and contributing to the London Interbank Offered Rate (LIBOR) will become a regulated activity, while criminal sanctions will be introduced for ‘misleading statements’ in relation to the benchmark, the Government has confirmed.”

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OUT-LAW.com, 18th October 2012

Source: www.out-law.com

Gay couple win Berkshire B&B refusal case – BBC News

“A gay couple who were turned away from a bed and breakfast were discriminated against, it has been ruled.”

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BBC News, 18th October 2012

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted October 18th, 2012 in parliamentary papers by sally

First annual report of the Inter-Departmental Ministerial Group on Human Trafficking, Cm 8421 (PDF)

The Six-Monthly Report on Hong Kong, Cm 8454 (PDF)

The Human Rights Implications of UK Extradition Policy, Cm 8464 (PDF)

The Government Response to Sir Scott Baker’s Review of the United Kingdom’s Extradition Arrangements, Cm 8458 (PDF)

The US-UK Extradition Treaty, Cm 8465 (PDF)

Source: www.official-documents.gov.uk

BAILII: Recent Decisions

Posted October 18th, 2012 in law reports by sally

Supreme Court

British Airways plc v Williams & Ors [2012] UKSC 43 (17 October 2012)

Walton v The Scottish Ministers (Scotland) [2012] UKSC 44 (17 October 2012)

Court of Appeal (Civil Division)

Parkingeye Ltd v Somerfield Stores Ltd [2012] EWCA Civ 1338 (17 October 2012)

EM (Eritrea) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1336 (17 October 2012)

Amlin Corporate Member Ltd v Oriental Assurance Corporation [2012] EWCA Civ 1341 (17 October 2012)

HM Revenue and Customs v FCE Bank Plc [2012] EWCA Civ 1290 (17 October 2012)

High Court (Queen’s Bench Division)

Noordeen v Hill & Anor [2012] EWHC 2847 (QB) (17 October 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 18th, 2012 in legislation by sally

The Social Security (Habitual Residence) (Amendment) Regulations 2012

The Further Education Institutions (Exemption from Inspection) (England) Regulations 2012

The Motor Fuel (Composition and Content) (Amendment) Regulations 2012

The Homelessness (Suitability of Accommodation) (England) Order 2012

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2012

The North Wales (East and Central) (Coroner’s District) Order 2012

Source: www.legislation.gov.uk