Rape victims ‘not being taken seriously’ as prosecutions fall to five-year low – Daily Telegraph

Posted October 28th, 2013 in complaints, Crown Prosecution Service, news, police, prosecutions, rape, statistics, victims by sally

“Fall in number of rape cases police refer to prosecutors raises fears under-pressure officers are ‘cutting corners’ and not taking victims seriously”

Full story

Daily Telegraph, 27th October 2013

Source: www.telegraph.co.uk

Man sentenced to 16 years in jail for ‘grievously serious’ rape of girl, 8 – The Independent

“A 55-year-old man who raped a girl between the ages of eight and nine has been jailed for 16 years for the ‘utterly disgraceful’ crime.”

Full story

The Independent, 25th October 2013

Source: www.independent.co.uk

Student gets 40 years for terror campaign against Muslims – The Guardian

“A white supremacist who hoped to ‘ethnically cleanse’ Muslims has been told he will serve at least 40 years imprisonment for a terror campaign in which he hunted down a Muslim to murder before he bombed three Midlands mosques aiming to kill and maim worshippers.”

Full story

The Guardian, 25th October 2013

Source: www.guardian.co.uk

Ombudsman could rule on Church of England disputes – Daily Telegraph

Posted October 28th, 2013 in Church of England, clergy, complaints, equality, news, ombudsmen, women by sally

“Church of England proposes setting up an ombudsman to handle complaints arising from the introduction of women bishops.”

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Daily Telegraph, 25th October 2013

Source: www.telegraph.co.uk

Landlords threaten legal action over mortgage rates – BBC News

Posted October 28th, 2013 in contracts, interest, landlord & tenant, mortgages, news, rent by sally

“Buy-to-let landlords are threatening to take legal action against what they say are unjustified interest rate rises.”

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BBC News, 26th October 2013

Source: www.bbc.co.uk

School swimming lessons – Education Law Blog

“Earlier this week the Supreme Court gave judgment in Woodland v Essex County Council [2013] UKSC 66. The case is important because it extends the circumstances in which schools and local authorities will be liable for injuries to the children in their care that are caused by negligence.”

Full story

Education Law Blog, 26th October 2013

Source: www.education11kbw.com

Woodland (Appellant) v Essex County Council (Respondent) – Supreme Court

Woodland (Appellant) v Essex County Council (Respondent) [2013] UKSC 66 | UKSC 2012/0093 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) – Supreme Court

Szepietowski (Nee Seery) (Appellant) v The National Crime Agency (Respondent) [2013] UKSC 65 | UKSC 2011/0196 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

R v Gul (Appellant) – Supreme Court

R v Gul (Appellant) 2013] UKSC 64 | UKSC 2012/0124 (YouTube)

Supreme Court, 23rd October 2013

Source: www.youtube.com/user/UKSupremeCourt

The cohabitation conundrum – New Law Journal

Posted October 25th, 2013 in bills, cohabitation, news by sally

“Geraldine Morris tracks recent attempts to clarify cohabitation.”

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New Law Journal, 24th October 2013

Source: www.newlawjournal.co.uk

Regina v Wilson (Michael) – WLR Daily

Posted October 25th, 2013 in company directors, crime, health & safety, indictments, law reports by sally

Regina v Wilson (Michael) [2013] EWCA Crim 1780 ; [2013] WLR (D) 404

“Article 32(8) of the Regulatory Reform (Fire Safety) Order 2005 did not create a discrete offence, but an indictment containing a charge which referred only to article 32(8), and not to the other article in combination with which it created an offence, was not a nullity and a conviction might, despite the material irregularity, be considered safe.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Woodland v Swimming Teachers Association and others – WLR Daily

Woodland v Swimming Teachers Association and others [2013] UKSC 66; [2013] WLR (D) 403

“The essential feature of a non-delegable duty of reasonable care was that a defendant had control over a vulnerable claimant for the purpose of performing a function for which the defendant had assumed responsibility.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

Secretary of State for Health and others v Servier Laboratories Ltd and others National Grid Electricity Transmission plc v ABB Ltd and others – WLR Daily

Secretary of State for Health and others v Servier Laboratories Ltd and others
National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234 ; [2013] WLR (D) 401

“It was not mandatory for the court to make use of Council Regulation (EC) No 1206/2001 in order to obtain information or disclosure from a party to litigation from another member state, notwithstanding that compliance with an order made by the court under CPR Pt 18 or Pt 31 might expose the party to a risk of criminal prosecution in that member state.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Flame SA v Glory Wealth Shipping PTE Ltd – WLR Daily

Posted October 25th, 2013 in compensation, contracts, damages, law reports by sally

Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm); [2013] WLR (D) 400

“The purpose behind the compensatory principle underpinning the assessment of an award of damages for a repudiatory breach of contract was to put the innocent party in the position it would have found itself had the other party fulfilled its obligations. It was for the innocent party to prove its loss which in turn required it to prove that had the breach not occurred it would have been able to fulfil its obligations under the contract. Any identified inability to perform its future obligations which could have prevented the innocent party from receiving what was due to it under the terms of the contract had to be taken into account in the assessment of the level of the award of damages for the repudiatory breach to prevent the innocent party obtaining windfall damages.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 25th, 2013 in legislation by sally

The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013

The Legal Aid (Information about Financial Resources) (Amendment) Regulations 2013

The Jobseeker’s Allowance (Domestic Violence) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 25th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Press & Anor v R. [2013] EWCA Crim 1849 (24 October 2013)

Court of Appeal (Civil Division)

S (A Child), Re [2013] EWCA Civ 1254 (24 October 2013)

High Court (Queen’s Bench Division)

Briggs v Jordan & Ors [2013] EWHC 3205 (QB) (24 October 2013)

High Court (Chancery Division)

The Prudential Assurance Company Ltd & Anor v Revenue and Customs [2013] EWHC 3249 (Ch) (24 October 2013)

High Court (Administrative Court)

Devere, R (on the application of) v Land Registry [2013] EWHC 2477 (Admin) (21 October 2013)

Clulow, R (on the application of) v Independent Review Service & Anor [2013] EWHC 3241 (Admin) (24 October 2013)

High Court (Commercial Court)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain & Anor [2013] EWHC 3188 (Comm) (22 October 2013)

Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm) (24 October 2013)

High Court (Technology and Construction Court)

Oak Leaf Conservatories Ltd v Weir & Anor [2013] EWHC 3197 (TCC) (24 October 2013)

Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 3202 (TCC) (10 October 2013)

Source: www.bailii.org

Jeffrey Lake, ex-policeman, jailed for child rape – BBC News

Posted October 25th, 2013 in child abuse, extradition, news, police, rape, sentencing by sally

“A retired police sergeant has been jailed for raping and sexually abusing two children while he was an officer serving in Lancashire and Merseyside.”

Full story

BBC News, 24th October 2013

Source: www.bbc.co.uk

The Supreme Court ruling in Woodland v Essex County Council: the reaction – Local Government Lawyer

“The relationship between public bodies and independent contractors has been thrown into sharp relief by yesterday’s Supreme Court judgment in the Woodland case. Local Government Lawyer looks at the reaction to the ruling.”

Full story

Local Government Lawyer, 24th October 2013

Source: www.localgovernmentlawyer.co.uk

Social mobility – is law leading the way? – Legal Week

Posted October 25th, 2013 in diversity, equality, legal profession, news, reports by sally

“The latest Alan Milburn report on social mobility has produced a little backslapping in legal circles, primarily because of this judgment: “Professions are undertaking more activity in order to improve but results are mixed: law leads medicine, media, politics and finance.”

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Legal Week, 24th October 2013

Source: www.legalweek.com

IP in tattoos, seriously? – Technology Law Update

Posted October 25th, 2013 in artistic works, copyright, intellectual property, news by sally

“There has been a lot of discussion over the last couple of years in the media about what intellectual property exists in tattoos and who owns it. It is likely that tattoos, if original artistic works, will be subject to copyright and the owner of copyright works is generally the person who created them, i.e. the tattoo artist.”

Full story

Technology Law Update, 24th October 2013

Source: www.technology-law-blog.co.uk