Changing a Child’s Name – Family Law Week

Posted September 30th, 2013 in change of name, children, news by sally

“Charlotte Rachael Proudman, barrister at 1 Mitre Court Buildings provides legal guidance on applications to change a child’s name, whether forename or surname, during private law children proceedings.”

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Family Law Week, 29th September 2013

Source: www.familylawweek.co.uk

Alison L. Young: Prisoner Voting: Human or Constitutional Right? – UK Constitutional Law Group

Posted September 30th, 2013 in bills, elections, human rights, interpretation, jurisdiction, news, prisons, select committees by sally

“As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human Rights concluded that Section 3(1) of the Representation of the People Act 1983, which removed the franchise from prisoners, was a disproportionate restriction of the right to vote found in article 3 of the First Protocol to the European Convention on Human Rights. After two consultation papers, further judgments from the European Court of Human Rights, a declaration of incompatibility from the Scottish courts, a series of criticisms from the Committee of Ministers of the Council of Europe and the Joint Committee of Human Rights, a change of Government and a House of Commons debate, the Voting Eligibility (Prisoners) Draft Bill was proposed and is currently being scrutinised by a Joint Select Committee. To add to the mix, we are awaiting judgment on the latest discussion of the issue by the UK Supreme Court, in R (Chester) v Secretary of State for Justice and McGeogh v Lord President of the Council, heard on 10 June, not to mention the adjourned case of Firth v United Kingdom.”

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UK Constitutional Law Group, 27th September 2013

Source: www.ukconstitutionallaw.org

Energy price cap – is it legal? – Halsbury’s Law Exchange

Posted September 30th, 2013 in competition, EC law, energy, news, parliament, price fixing by sally

“You would have to be living under a rock to avoid Mr Milliband’s recent announcement that energy costs would, if he were elected in 2015, be capped for 20 months. Unsurprisingly, this has caused uproar on a political level between energy companies warning of blackouts and company failures and the Labour party who maintain it is a viable option. The question which really needs to be asked here is whether or not the government is legally entitled to do this?”

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Halsbury’s Law Exchange, 27th September 2013

Source: www.halsburyslawexchange.co.uk

General Medical Council too late with child sex abuse complaint, rules High Court – UK Human Rights Blog

“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”

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UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Mediation services hit by legal aid cuts, Ministry of Justice figures reveal – The Guardian

“Government attempts to promote mediation as an alternative to expensive courtroom divorce and custody battles are failing, according to figures obtained through freedom of information requests.”

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The Guardian, 30th September 2013

Source: www.guardian.co.uk

Crowd Sourcing the UK Constitution – UK Constitutional Law Group

Posted September 30th, 2013 in constitutional law, constitutional reform, internet, news by sally

“This is a major initiative being undertaken by LSE Law Department and the LSE’s Institute of Public Affairs (IPA) together with Democratic Audit UK and LSE Public Policy Group.”

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UK Constitutional Law Group, 28th September 2013

Source: www.ukconstitutionallaw.org

Aarhus, the A-G, and why the rules on interim remedies need to change – UK Human Rights Blog

“I did an initial post here summarising this opinion from the A-G to the CJEU saying that the UK was in breach of two EU Directives about environmental assessment and pollution control – the breaches concerned our system for litigation costs. It struck me that there was a lot in the opinion, and after some re-reads, I continue to think so. So I will deal in this post with one aspect, namely the finding that the UK is in breach, in requiring an undertaking as to damages by the claimant to back up the claimant’s interim injunction – in the jargon, a cross-undertaking.”

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UK Human Rights Blog, 27th September 2013

Source: www.ukhumanrightsblog.com

No public inquiry into Lynette White police corruption case – BBC News

“There will be no public inquiry into the handling of a police corruption trial surrounding a notorious murder case, the Home Office has confirmed.”

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BBC News, 27th September 2013

Source: www.bbc.co.uk

Foreign suspect accused of double murder delays extradition with human rights appeal – Daily Telegraph

“An alleged double gang murderer wanted for trial in eastern Europe has stalled his extradition for two years over his ‘human rights’, it can be disclosed.”

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Daily Telegraph, 28th September 2013

Source: www.telegraph.co.uk

Westminster clear up – NearlyLegal

Posted September 30th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, local government, news by sally

“There has been a lot of excitement about the Westminster FTT bedroom tax appeal by Mr Surinder Lall (eg Guardian, CAB). As I mentioned in my last post on the FTT bedroom tax decisions, it was hard to tell what had happened by looking at the decision itself and the press reports. Some, like the CAB, have taken the view that it was Mr Lall’s use of the second room to hold and use equipment related to his disability (he is blind) that was the basis of the decision. If so, this would be a ‘current use’ decision and highly significant, in view of the DWP’s position that ‘tenant use’ should not be a factor.”

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NearlyLegal, 28th September 2013

Source: www.nearlylegal.co.uk

Thousands of dangerous drink-drivers are reoffenders – BBC News

Posted September 30th, 2013 in drunk in charge, news, police, recidivists, road safety, statistics by sally

“As new figures show the number of people killed in drink-driving crashes rose by 17%, the BBC has discovered that thousands of drink-drivers are repeat offenders.”

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BBC News, 27th September 2013

Source: www.bbc.co.uk

Fell runner found guilty of killing lover and leaving her body in shallow grave – The Guardian

Posted September 30th, 2013 in domestic violence, homicide, news by sally

“A fell runner who dumped his lover’s body in a shallow grave on bleak moorland has been convicted of her manslaughter. Adrian Muir killed 55-year-old Pamela Jackson by fracturing her skull during a row at her home, then drove her 120 miles to the hills above Halifax, West Yorkshire.”

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The Guardian, 27th September 2013

Source: www.guardian.co.uk

Newlyweds jailed after honeymoon burglaries – BBC News

Posted September 30th, 2013 in burglary, evidence, news, sentencing, video recordings by sally

“A newlywed couple who began their honeymoon by ransacking the home of a pensioner have been jailed.”

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BBC News, 27th September 2013

Source: www.bbc.co.uk

Home Office: Drugs must remain illegal to ‘protect society’ – The Independent

Posted September 30th, 2013 in drug offences, government departments, news, police, public interest by sally

“Government clashes with one of England’s leading police officers who says Class A drugs should be decriminalised.”

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The Independent, 29th September 2013

Source: www.independent.co.uk

Advocacy standards scheme for criminal trials starts – BBC News

Posted September 30th, 2013 in advocacy, barristers, criminal procedure, judicial review, licensing, news, standards by sally

“A new scheme has come into force to ensure advocates in criminal trials meet a standard of competence.”

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BBC News, 30th September 2013

Source: www.bbc.co.uk

Attacker’s sentence increased over deportation fear – Daily Telegraph

Posted September 30th, 2013 in deportation, grievous bodily harm, human rights, news, sentencing by sally

“Senior judges have increased the sentence handed to a violent foreign criminal because of the risk he would be freed from jail before the government could organise his deportation from Britain.”

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Daily Telegraph, 27th September 2013

Source: www.telegraph.co.uk

Court of Appeal to rule in terror house seizure case – BBC News

Posted September 30th, 2013 in Afghanistan, appeals, families, housing, news, repossession, terrorism by sally

“The Court of Appeal could pave the way later for the first ever seizure of a family home as a terrorist asset.”

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BBC News, 30th September 2013

Source: www.bbc.co.uk

Teenager jailed for life after starting blaze that killed four siblings – Daily Telegraph

Posted September 30th, 2013 in arson, families, fire, homicide, news, sentencing by sally

“A fire obsessed teenager has been jailed for life after being found guilty of starting a blaze that killed four siblings while he was ‘out of his head’ on a lethal cocktail of cannabis and alcohol.”

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Daily Telegraph, 27th September 2013

Source: www.telegraph.co.uk

Muslim prisoners sue over contaminated halal pies – Daily Telegraph

Posted September 30th, 2013 in compensation, food, human rights, Islam, news, prisons, religious discrimination by sally

“Nearly 200 Muslim prisoners are suing the Government after being served halal food contaminated with pork, claiming their human rights were breached.”

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Daily Telegraph, 29th September 2013

Source: www.telegraph.co.uk

Burglar who rammed police officer against lamppost jailed for 12 years – The Guardian

Posted September 30th, 2013 in burglary, grievous bodily harm, news, police, sentencing by sally

“A prolific burglar who used his car to crush a police officer against a lamppost in a desperate escape bid has been jailed for 12 years.”

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The Guardian, 27th September 2013

Source: www.guardian.co.uk