November 2013 – Page 5 – Current Awareness

Forced marriage and the “lawfully wedded” wife – Halsbury’s Law Exchange

Posted November 26th, 2013 in bills, forced marriages, news by tracey

‘Today, on the 32nd International Day for the Elimination of Violence Against Women, the Anti-Social Behaviour, Crime and Policing Bill reaches the Committee stage of the House of Lords. The Bill introduces a raft of measures covering matters as diverse as dangerous dogs, extradition proceedings, firearms and, tucked away in Part 10, forced marriage. Forced marriage is to be criminalised. “Was it not already?”, you may ask.’

Halsbury’s Law Exchange, 25th November 2013

Source: www.halsburyslawexchange.co.uk

FGM – No More Excuses – Halsbury’s Law Exchange

Posted November 26th, 2013 in female genital mutilation, health, news, prosecutions, reports, select committees by tracey

‘There is no topic more appropriate to write about on the International Day for the Elimination of Violence against Women than that of Female Genital Mutilation (FGM). FGM involves the partial or total removal of a girl’s genitalia for non-medical reasons. The potential health risks resulting from the FGM procedure are numerous and severe: in extreme cases it can lead to sterility, infection, haemorrhaging and death. The risks associated with FGM are exacerbated by the fact that it is usually performed by people with no formal medical training in unsanitary conditions. Many statements from girls who were mutilated describe being physically held down on tables in make-shift theatres, and having their genitalia cut with sharp implements. Anaesthetic is rarely used.’

Halsbury’s Law Exchange, 25th November 2013

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 26th, 2013 in legislation by tracey

The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013

The Energy Supply Company Administration (Amendment) Rules 2013

The Firearms (Amendment) (No. 2) Rules 2013

The National Health Service (Approval of Licensing Criteria) Order 2013

Source: www.legislation.gov.uk

Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by tracey

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily

Posted November 26th, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by tracey

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same: [2013] UKSC 72; [2013] WLR (D) 450

‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisons

Posted November 26th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Oboh & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1525 (25 November 2013)

Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 1515 (25 November 2013)

High Court (Queen’s Bench Division)

Croesus Financial Services Ltd v Bradshaw & Anor [2013] EWHC 3685 (QB) (25 November 2013)

Source: www.bailii.org

What’s mine is mine… – New Law Journal

Posted November 26th, 2013 in cohabitation, divorce, financial provision, news by tracey

‘Ed Heaton explores the rights of cohabitants.’

New Law Journal, 22nd November 2013

Source: www.newlawjournal.co.uk

MoJ data shows black offenders more likely to be jailed – Law Society’s Gazette

Posted November 26th, 2013 in imprisonment, news, race discrimination, sentencing, statistics by tracey

‘Black people are more likely to be charged and sent to prison than white people – and to receive longer custodial sentences, according to official Ministry of Justice statistics.’

Law Society’s Gazette, 25th November 2013

Source: www.lawgazette.co.uk

Clare’s Law: is it just a sticking plaster on a far more serious problem? – Daily Telegraph

Posted November 26th, 2013 in domestic violence, legislation, news, victims by tracey

‘The new legislation is supposed to protect victims of domestic violence, but will it really help? Olivia Goldhill interviews domestic violence charity NIA to find out how much Clare’s Law can help prevent abuse.’

Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent

Posted November 26th, 2013 in appeals, asylum, demonstrations, deportation, detention, immigration, news by tracey

‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’

The Independent, 25th November 2013

Source: www.independent.co.uk

Surgeon struck off for lying about removing brain tumour – Daily Telegraph

Posted November 26th, 2013 in disciplinary procedures, disqualification, doctors, news, professional conduct by tracey

‘A neurosurgeon who falsely told a woman he had removed her brain tumour, and then tried to cover up his lie, has been struck off.’

Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

High Court moves to hotel room as frail father sues sons – The Independent

Posted November 26th, 2013 in courts, families, hotels, news, trusts by tracey

‘The barristers removed their wigs and gowns, the judge presided over the hearing in a suit and the usual wood-panelled backdrop was replaced with a conference suite when the High Court moved to a luxury London hotel yesterday. The unusual venue was granted for an extraordinary feud involving members of the Singh family, the owners of part of the Radisson Blu hotel chain.’

The Independent, 26th November 2013

Source: www.independent.co.uk

Child-on-child abuse shocking, children’s commissioner report says – BBC News

Posted November 26th, 2013 in child abuse, children, gangs, inquiries, news, rape, reports, sexual offences, social services by tracey

‘ “Shocking” sexual violence is being carried out by children against other children as young as 11, according to an official report. The Office of the Children’s Commissioner for England said the perpetrators could be 12 or 13, and rape is seen as “normal and inevitable” in some areas, especially among gangs.’

BBC News, 26th November 2013

Source: www.bbc.co.uk

Short jail sentences disrupt criminals’ lives, says top judge – Daily Telegraph

Posted November 26th, 2013 in judges, news, prisons, sentencing by tracey

‘A top judge has been criticised for questioning the value of short prison sentences, saying they were ineffective and disrupted criminals’ home lives. Lord Neuberger, president of the Supreme Court, dismissed the idea jail time could help reform criminals and instead said a short stay behind bars could be “disruptive” for the prisoner’s job and family life.’

Daily Telegraph, 26th November 2013

Source: www.telegraph.co.uk

RBS appoints law firm Clifford Chance to examine small business allegations – The Guardian

Posted November 26th, 2013 in banking, law firms, news, reports, small businesses by tracey

‘Royal Bank of Scotland has appointed the law firm Clifford Chance to examine damaging allegations that the bailed-out bank is deliberately wrecking viable small businesses to make a profit. The move came as Sir Andrew Large said in a report commissioned by the bank that RBS had left itself open to accusations of conflict of interest by small firms placed in its restructuring division because of its opaque management structure.’

The Guardian, 25th November 2013

Source: www.guardian.co.uk

Richard III remains: York v Leicester legal battle to be laid to rest – The Guardian

Posted November 26th, 2013 in burials and cremation, government departments, judicial review, news, royal family, universities by tracey

‘An “unseemly and undignified” legal battle over where the remains of the last Plantagenet king of England, Richard III, should be laid to rest resumes on Tuesday, 528 years after his death and a year after his skeleton was found under a Leicester car park. Richard’s remains are currently in a laboratory at Leicester University.’

The Guardian, 26th November 2013

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted November 25th, 2013 in parliamentary papers by tracey

Better workplace pensions: a consultation on charging, Cm 8737 (PDF)

Government response to the consultation Supporting separated families; securing children’s futures, Cm 8742 (PDF)

European Union finances 2013: statement on the 2013 EU budget and measures to counter fraud and financial mismanagement, Cm 8740 (PDF)

Transforming management of young adults in custody, CM 8733 (PDF)

Reshaping workplace pensions for future generations: public consultation, Cm 8710 (PDF)

Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974: adopted London 1 November 2002, Cm 8760 (PDF)

Partnership and cooperation agreement between the European Union and its member states, of the one part, and the Republic of Iraq, of the other part: Brussels, 11 May 2012, Cm 8753 (PDF)

Source: www.official-documents.gov.uk

Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog

Posted November 25th, 2013 in asylum, detention, EC law, human rights, inquiries, Iraq, news, terrorism, torture by tracey

‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’

UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Man jailed after one million child abuse images discovered – BBC News

Posted November 25th, 2013 in child abuse, indecent photographs of children, news, sentencing, sexual offences by tracey

‘A pensioner who had more than a million child abuse images and filmed his own attacks on young girls has been jailed for 19 years.’

BBC News, 25th November 2013

Source: www.bbc.co.uk

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