UKBA backs down over use of force on children and pregnant women – The Guardian

Posted February 25th, 2013 in asylum, children, detention, news, pregnancy by sally

“The government has backed down on the use of force on children and pregnant women it seeks to remove from the UK.”

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The Guardian, 22nd February 2013


The Dynamic Do-over: The Advocate General’s opinion in Alemo-Herron – Employment Law Blog

“What’s the point of the TUPE? Other than terrorising HR professionals and inspiring books as good as this one, that is? Its essential function is simple: to protect the employment and the terms and conditions of employees affected by a change in the ownership of the undertaking they work in or (for now at least) by a change in the identity of the provider of a service. The eye-popping complexity for which TUPE disputes are famous arises from trying to apply that simple principle to the messy business that is real life employment. The CJEU is presently pondering one example of the conceptual difficulties that can be thrown up in Alemo-Herron and others v Parkwood Leisure Limited C-426/11 and Advocate General Cruz Villalon has just delivered his opinion.”

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Employment Law Blog, 22nd February 2013


Bar Council calls for changes as peers prepare to vote on new CFA and DBA rules – Litigation Futures

Posted February 25th, 2013 in barristers, damages, fees, news, public interest, VAT by sally

“The government needs to deal with range of defects in the new rules for conditional fee agreements (CFAs) and damages-based agreements (DBAs), the Bar Council has urged ahead of a debate on them in the House of Lords tomorrow.”

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Litigation Futures, 25th February 2013


RSPCA could hire ‘experienced criminal barrister’ to review prosecutions, Attorney General suggests – Daily Telegraph

Posted February 25th, 2013 in animals, barristers, budgets, charities, news, private prosecutions, prosecutions by sally

“Britain’s most senior law officer has told the head of the RSPCA that he could consider hiring an experienced criminal lawyer to review the charity’s controversial prosecution policy.”

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Daily Telegraph, 22nd February 2013


Residing together, apart – NearlyLegal

Posted February 25th, 2013 in appeals, families, housing, interpretation, local government, news, time limits by sally

“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”

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NearlyLegal, 24th February 2013


Theresa May’s tough immigration rules defied by top judge – Daily Telegraph

Posted February 25th, 2013 in deportation, families, human rights, immigration, judges, news by sally

“The country’s most senior immigration judge has openly defied the Home Secretary by insisting that Parliament’s attempt to get tough on human rights abuses by foreign criminals is outweighed by the European Court.”

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Daily Telegraph, 23rd February 2013


Can child porn users be treated? – BBC News

“A child protection charity says it is impossible to catch every person who looks at indecent images and more needs to be done to stop people from looking at them.”

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BBC News, 23rd February 2013


VAT on takeover costs not recoverable by holding company, says Court of Appeal –

Posted February 25th, 2013 in appeals, costs, EC law, news, takeovers, tribunals, VAT by sally

“VAT incurred by a holding company on a takeover was not recoverable, according to a recent Court of Appeal decision in a case concerning UK airport operator BAA.”

Full story, 22nd February 2013


NHS foreign doctors must speak English, say ministers – BBC News

Posted February 25th, 2013 in doctors, EC law, immigration, licensing, news, professional conduct by sally

“Foreign doctors wanting to treat NHS patients in England will have to prove they have the necessary English skills, the government has confirmed.”

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BBC News, 24th February 2013


Parents ‘treated like felons on remand’ by school CRB checks – Daily Telegraph

Posted February 25th, 2013 in criminal records, news, school children, volunteers by sally

“Thousands of parents are still being forced to undergo ‘suspicious and hostile’ criminal record checks to volunteer in schools despite Coalition reforms designed to introduce common sense into the child protection system, according to research.”

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Daily Telegraph, 24th February 2013


Missing April Jones: Mark Bridger trial due to start – BBC News

Posted February 25th, 2013 in kidnapping, murder, news, perverting the course of justice, trials by sally

“The man accused of the abduction and murder of missing five-year-old April Jones is due to stand trial.”

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BBC News, 25th February 2013


Trafficker jailed for using Polish workers as slaves – The Independent

Posted February 25th, 2013 in forced labour, news, sentencing, trafficking in human beings by sally

“A ‘physical and mental bully’ has been jailed for six years and three months for trafficking four men to the UK and exploiting them to work as slaves.”

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The Independent, 22nd February 2013


Should jurors have to take a literacy test? – The Guardian

Posted February 25th, 2013 in education, evidence, judiciary, juries, media, news by sally

“The judge in the Vicky Pryce trial last week dismissed the jury for ‘fundamental deficits in understanding’. Should jurors have to sit a test?”

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The Guardian, 23rd February 2013


Hooper and another v Oates – WLR Daily

Posted February 22nd, 2013 in appeals, contracts, damages, law reports, sale of land by sally

Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72

“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”

WLR Daily, 20th February 2013


Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others – WLR Daily

Posted February 22nd, 2013 in banking, debts, guarantees, law reports, loans by sally

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others [2013] EWHC 238 (Ch); [2013] WLR (D) 71

“A creditor was entitled to invoke the equitable doctrine of marshalling to claim the benefit of securities held by a doubly-secured creditor even if the two securities did not both come from a debtor if one of the securities derived from a principal for whom the debtor stood surety.”

WLR Daily, 14th February 2013


Lessons from Legal Regulation for Leveson – Legal Services Board

Posted February 22nd, 2013 in inquiries, interception, legal services, media, privacy, public interest, speeches by sally

Lessons from Legal Regulation for Leveson (PDF)

The Chief Executive speaks at the Regulatory Policy Institutes Hertford Seminar in media regulation post-Leveson.

Legal Services Board, 12th February 2013


When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children) – Family Law Week

Posted February 22nd, 2013 in appeals, child abuse, judgments, judiciary, jurisdiction, news, Supreme Court by sally

“Martha Gray, Pupil at 1 Garden Court, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.”

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Family Law Week, 22nd February 2013


Equality in the Judiciary – Speech by Lady Hale

Posted February 22nd, 2013 in diversity, equality, judges, judiciary, speeches, women by sally

Equality in the Judiciary (PDF)

Speech by Lady Hale

Kuttan Menon Memorial Lecture, 21st February 2013


Recent Statutory Instruments –

Posted February 22nd, 2013 in legislation by sally

The Kentish Flats Extension Order 2013

The Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2013


Sub-£2m cases “will be subject to costs management” amid criticism of big-case exemption – Litigation Futures

Posted February 22nd, 2013 in costs, judiciary, news, personal injuries by sally

“Cases before the Chancery Division, Technology and Construction Court (TCC), and Mercantile Courts that are worth less than £2m will be subject to costs management, it was confirmed yesterday.”

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Litigation Futures, 22nd February 2013