Margaret Moran received £53,000 in bogus MP expenses, jury finds -The Guardian

Posted November 14th, 2012 in expenses, false accounting, news, parliament, supervision orders by sally

“Margaret Moran, former Labour MP for Luton South, received more than £53,000 in fraudulent expenses, a jury has found, despite her being mentally unfit to stand trial.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2012 in legislation by sally

The Communications (Bailiwick of Guernsey) (Amendment) Order 2012

The Trial of the Pyx (Amendment) Order 2012

The Family Procedure (Amendment No. 4) Rules 2012

The International Recovery of Maintenance (Hague Convention 2007 etc.) Regulations 2012

The Community Radio (Guernsey) Order 2012

The Police Pensions (Amendment No. 2) Regulations 2012

Source: www.legislation.gov.uk

Speech to Annual Bar Conference 2012: Fight for your future or be lost forever – Michael Todd QC, Chairman of the Bar

Posted November 14th, 2012 in barristers, legal services, news, public interest by sally

Speech to Annual Bar Conference 2012: Fight for your future or be lost forever (PDF)

Michael Todd QC, Chairman of the Bar

27th Annual Bar Conference Speech, 10th November 2012

Source: www.barcouncil.org.uk

Update on recent Tribunal decisions part 4: qualified exemptions and the public interest – Panopticon

Posted November 14th, 2012 in freedom of information, news, public interest, tribunals by sally

“In the final part of our round-up of recent decisions of the First-Tier Tribunal, Panopticon looks at the qualified exemptions, the public interest and a few other loose ends.”

Full story

Panopticon, 13th November 2012

Source: www.panopticonblog.com

Update on recent Tribunal decisions part 3: personal data of public officials and relating to court proceedings – Panopticon

Posted November 14th, 2012 in data protection, freedom of information, news, privacy, tribunals by sally

“I posted a few days ago about some recent decisions of the First-Tier Tribunal on requests under FOIA and the EIR for personal data. There have been a number of decisions on this issue of late. The following are of note, as they illustrate the types of issues very frequently encountered by public authorities. They also illustrate the nuanced and forensic approach taken by some Tribunals. There may not be a presumption in favour of disclosing personal data, but public authorities should beware assuming that Tribunals will be equally cautious about disclosing all types of personal data.”

Full story

Panopticon, 13th November 2012

Source: www.panopticonblog.com

Yeates and another v Line and another – WLR Daily

Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319

“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”

WLR Daily, 12th November 2012

Source: www.iclr.co.uk

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) – WLR Daily

Posted November 14th, 2012 in appeals, human rights, immigration, jurisdiction, law reports, tribunals by sally

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) [2012] EWCA Civ 1436; [2012] WLR (D) 318

“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Court of Protection Update – Thirty Nine Essex Street

Court of Protection Update (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

Why church staff are keeping an eye on lap dancer ruling – The Independent

Posted November 14th, 2012 in appeals, employment tribunals, news, self-employment, unfair dismissal by sally

“A lap dancer who wants to make an unfair dismissal claim is waiting to hear whether she has won a legal fight with a firm that runs ‘gentlemen’s clubs’.”

Full story

The Independent, 13th November 2012

Source: www.independent.co.uk

Report #7 Human Rights law – Carl Gardner on the Abu Qatada judgment – Charon QC

Posted November 14th, 2012 in appeals, deportation, human rights, news, rule of law, terrorism by sally

“Today, I talk with Carl Gardner, ex government lawyer and author of the Head of Legal blog about the SIAC Abu Qatada decision and the wider implications for our society if we do not continue to uphold the Rule of Law – no matter how inconvenient it may be for politicians.”

Podcast

Charon QC, 13th November 2012

Source: www.charonqcuklawtour.com

Another legal aid review, justice secretary? How original – The Guardian

Posted November 14th, 2012 in bills, budgets, legal aid, news by sally

“If we’re going to review legal aid again, why not widen access to justice for the public, rather than restrict it.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Wilfred Museka jailed over M62 wrong-way death crash – BBC News

Posted November 14th, 2012 in dangerous driving, drunk in charge, fraud, homicide, news by sally

“A drink-driver who killed a woman when he drove the wrong way along a motorway has been jailed for eight years.”

Full story

BBC News, 13th November 2012

Source: www.bbc.co.uk

Woman jailed for faking son’s illness to claim £85,000 in benefits – The Guardian

Posted November 14th, 2012 in benefits, child cruelty, forgery, fraud, news by sally

“A mother who shaved her young son’s head and eyebrows and forced him to use a wheelchair to make it appear he was seriously ill so she could claim £85,000 in benefits has been jailed.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

Internet access is a right, judges rule – Daily Telegraph

“Appeal judges have overturned an order banning a voyeur from surfing the internet, saying it is ‘entirely unreasonable’ for anyone to be denied web access in today’s Britain.”

Full story

Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

Theresa May faces long battle to overturn Abu Qatada deportation ruling – The Guardian

Posted November 14th, 2012 in appeals, bail, deportation, electronic monitoring, evidence, legal aid, news, terrorism, torture by sally

“The home secretary, Theresa May, faces a lengthy legal battle to overturn this week’s ruling by British judges that the radical Islamist cleric Abu Qatada should not be sent back to Jordan to face trial.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 13th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439 (13 November 2012)

High Court (Queen’s Bench Division)

Stone & Anor v WXY (Person Or Persons Unknown) [2012] EWHC 3184 (QB) (12 November 2012)

Fox v Boulter [2012] EWHC 3183 (QB) (13 November 2012)

High Court (Administrative Court)

Southern Landlords Association, R (on the application of) v Thanet District Council [2012] EWHC 3187 (Admin) (13 November 2012)

High Court (Technology and Construction Court)

Rivercove Trustee Ltd v Van Winkelen (t/a Euro Rubber Lines) [2012] EWHC 2593 (TCC) (05 November 2012)

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2012] EWHC 3105 (TCC) (08 November 2012)

Source: www.bailii.org

Viewpoint: What dangers may lie ahead for libellous tweeters – BBC News

Posted November 13th, 2012 in defamation, internet, media, news, publishing by sally

“On 2 November, Newsnight broadcast what are now known to be mistaken claims by former care home resident Steve Messham that he had been sexually abused by a prominent 1980s Conservative politician.”

Full story

BBC News, 13th November 2012

Source: www.bbc.co.uk

Housing: between a rock and a hard place – LegalVoice

Posted November 13th, 2012 in benefits, families, homelessness, housing, law centres, local government, news by sally

“Desperation among local authority housing departments is running so high that homeless families are regularly told they can be given accommodation only if their children go into care, writes Elizabeth Davidson. This shocking response on the part of the authorities is clearly a fob-off given that this would not only breach their legal duties but would cost their social services departments a lot of money.”

Full story

LegalVoice, 13th November 2012

Source: www.legalvoice.org.uk

Legal training system not broken – Law Society’s Gazette

Posted November 13th, 2012 in legal education, news, reports, solicitors by sally

“The City of London Law Society has criticised what it calls ‘misconceived’ assumptions underpinning the landmark review of legal training.”

Full story

Law Society’s Gazette, 13th November 2012

Source: www.lawgazette.co.uk

Bar Barometer 2012 – The Bar Council

Posted November 13th, 2012 in barristers, news, reports, statistics by sally

“The Bar Council and the Bar Standards Board have published their second annual Bar Barometer report. The report details trends in the demographic profile of the Bar between 2007 and 2011/12.”

Bar Barometer (PDF)

The Bar Council, 12th November 2012

Source: www.barcouncil.org.uk