Pension Liberation Fraud: The New Kid On The Block – Six Pump Court

Posted February 24th, 2014 in fraud, news, pensions by sally

‘Having a pension fund itself would make most people happy, but liberating one makes it sound even more enticing and for some poor people, too enticing by half as they fall victim to the new fraud which is in vogue at the moment, pension liberation.’

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Six Pump Court, 20th February 2014


The Mis-Selling of Interest Rate Swaps – A Discussion – No. 5 Chambers

Posted February 24th, 2014 in banking, financial regulation, interest, limitations, news by sally

‘As many will be aware, the recent RBS swaps cases have thrown up interesting issues, including the proper characterization of legal duties owed by banks and other regulated firms, standard form limitation/exclusion terms, and Limitation Act problems. These issues are further complicated by the LIBOR manipulation points raised in Graisely Properties v Barclays.’

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No. 5 Chambers, 24th February 2014


Bingham Centre Review into Streamlining Judicial Review Published – Blackstone Chambers

Posted February 24th, 2014 in civil procedure rules, judicial review, news, reports, rule of law by sally

‘Last October the Bingham Centre for the Rule of Law established a Review to consider and report on possible ways of improving judicial review procedures in the Administrative Court, to save and protect public funds, in a manner consistent with the rule of law.’

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Blackstone Chambers, 19th February 2014


Recent Statutory Instruments –

Posted February 24th, 2014 in legislation by sally

The Financial Services (Banking Reform) Act 2013 (Commencement No. 1) Order 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014

The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2014

The Crossrail (Paddington Station Bakerloo Line Connection) Order 2014

The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014

The HGV Road User Levy (Exemption of Vehicles) Regulations 2014

The Electoral Registration and Administration Act 2013 (Commencement No.4 and Consequential Provision) Order 2014

The Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) Order 2014

The Neighbourhood Planning (Referendums) (Amendment) Regulations 2014

The Road Safety (Financial Penalty Deposit) (Amendment) Order 2014

The Road Vehicles (Construction and Use) (Amendment) Regulations 2014

The Road Traffic Offenders (Additional Offences) Order 2014

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) Order 2014

The Transfer of Functions (Elections) Order 2014

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2014

The Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2014

The European Parliamentary Elections (Returning Officers’ and Local Returning Officers’ Charges) (Great Britain and Gibraltar) Order 2014

The Financial Services and Markets Act 2000 (Consumer Credit) (Designated Activities) Order 2014

The Local Justice Areas Order 2014

The Further Education Loans (Amendment) Regulations 2014

The Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 5, Transitional Provisions and Savings) Order 2014

The Fixed Penalty (Amendment) Order 2014

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2014


BAILII: Recent Decisions

Posted February 24th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pace & Anor v R. [2014] EWCA Crim 186 (18 February 2014)

Boughton -Fox v R. [2014] EWCA Crim 227 (21 February 2014)

Price & Anor v R [2014] EWCA Crim 229 (21 February 2014)

Tatham v R. [2014] EWCA Crim 226 (21 February 2014)

Court of Appeal (Civil Division)

RWE Npower Renewables Ltd v J N Bentley Ltd [2014] EWCA Civ 150 (19 February 2014)

Ted Baker Plc & Anor v Axa Insurance UK Plc & Ors [2014] EWCA Civ 134 (19 February 2014)

AHK & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 151 (21 February 2014)

Wall v Mutuelle De Poitiers Assurances [2014] EWCA Civ 138 (20 February 2014)

Rawlinson And Hunter Trustees SA & Ors v Akers & Anor [2014] EWCA Civ 136 (20 February 2014)

Blueco Ltd v BWAT Retail Nominee & Ors [2014] EWCA Civ 154 (21 February 2014)

SG & Ors, R (on the application of) v Secretary of State for Work and Pensions & Ors [2014] EWCA Civ 156 (21 February 2014)

M (A Child), Re [2014] EWCA Civ 152 (21 February 2014)


Judge rejects bedroom tax unlawfully discriminates against disabled – Daily Telegraph

Posted February 24th, 2014 in benefits, disability discrimination, disabled persons, housing, news by sally

‘Judge rejects accusations that the so-called ”bedroom tax” unlawfully discriminates against the disabled.’

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Daily Telegraph, 21st February 2014


London sex workers win legal challenge against police decision to shut down their flats – The Independent

Posted February 24th, 2014 in news, police, prostitution by sally

‘Two sex workers have claimed victory against Scotland Yard after they overturned a decision to shut down their flats after early morning police raids in Soho.’

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The Independent, 21st February 2014


Stafford hospital to be sentenced over poor care of diabetic patient who died – The Guardian

Posted February 24th, 2014 in health & safety, hospitals, news, sentencing by sally

‘Details of the poor care received by a 66-year-old diabetic patient who died at the scandal-hit Stafford hospital have emerged as the trust responsible is set to be sentenced over its failings.’

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The Guardian, 21st February 2014


Schizophrenic with a gangrenous leg allowed to refuse amputation – Daily Telegraph

Posted February 24th, 2014 in consent, medical treatment, mental health, news by sally

‘Doctors at a West Midlands hospital were faced with the medical dilemma after the unnamed woman, whose infected foot became mummified and fell off, refused to undergo the operation.’

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Daily Telegraph, 21st February 2014


Command Papers –

Posted February 24th, 2014 in parliamentary papers by sally

Government and Mayor of London Response to the House of Lords Select Committee on Olympic and Paralympic Legacy Report of Session 2013-14: ‘Keeping the Flame Alive: The Olympic and Paralympic Legacy’, Cm 8814 (PDF)

Government Response to the Review of the Regulation of Cosmetic Interventions, Cm 8776 (PDF)

Scotland analysis: Assessment of a sterling currency union, Cm 8815 (PDF)

Human Rights of unaccompanied migrant children and young people in the UK, Cm 8778 (PDF)

Third Additional Protocol to the European Convention on Extradition, Cm 85505 (PDF)

Fourth Additional Protocol to the European Convention on Extradition, Cm 8806 (PDF)

Judicial Review – proposals for further reform: the Government response, Cm 8811 (PDF)

Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union Aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies, Cm 8818 (PDF)

Operation of the Terrorist Asset-Freezing Etc. Act 2010:response to the independent reviewer’s third report, Cm 8812 (PDF)

School Teachers’ Review Body, Cm 8813 (PDF)


J P Morgan Chase Bank, National Association v Northern Rock (Asset Management) plc – WLR Daily

Posted February 24th, 2014 in agreements, consumer credit, interpretation, law reports by sally

J P Morgan Chase Bank, National Association v Northern Rock (Asset Management) plc [2014] EWHC 291 (Ch); [2014] WLR (D) 83

‘As a matter of construction of section 77A of the Consumer Credit Act 1974, where a creditor had provided the debtor with a statement which failed to set out the information required by the Consumer Credit (Information Requirements and Duration of Licences and Charges) Regulations 2007, the period of non-compliance commenced on a date to be calculated as if no statement had been served at all, and the period of non-compliance began on the day following the last day on which a compliant statement could have been given.’

WLR Daily, 19th February 2014


Regina v Wright (Robert) – WLR Daily

Posted February 24th, 2014 in confiscation, fees, fraud, law reports, proceeds of crime, sentencing, solicitors by sally

Regina v Wright (Robert) [2014] WLR (D) 84

‘Where an insurance company paid a defendant’s solicitors’ fees, for which he would otherwise have been liable, in connection with a false insurance claim he had made, he obtained a pecuniary advantage as a result of or in connection with his false claim, for the purposes of section 76(5) of the Proceeds of Crime Act 2002. Therefore, by section 76(4), those fees formed part of the defendant’s benefit from his criminal conduct for the purposes of any confiscation order made under the 2002 Act.’

WLR Daily, 19th February 2014


Regina v Ahmed (Mohammed Kamal) – WLR Daily

Posted February 24th, 2014 in enforcement notices, law reports, planning by sally

Regina v Ahmed (Mohammed Kamal) [2014] WLR (D) 85

‘Where breach of an enforcement notice alleged unlawful change of use rather than development without planning permission, it was not appropriate to charge an offence in contravention of section 181(5) of the Town and Country Planning Act 1990; the appropriate offence would be under section 179(2) of the 1990 Act.’

WLR Daily, 20th February 2014


Wall v Mutuelle de Poitiers Assurances – WLR Daily

Wall v Mutuelle de Poitiers Assurances [2014] EWCA 12; [2014] WLR (D) 86

‘Where a cyclist had been run down in France and brought proceedings in the English courts seeking damages for personal injury, the question whether there should be one single joint expert, or more than one expert pursuant to CPR Pt 35, was a matter of “evidence and procedure” within the meaning of article 1(3) of Parliament and Council Regulation (EC) No 864/2007. Therefore the question of which expert evidence the court should order fell to be determined in accordance with English and not French law.’

WLR Daily, 20th February 2014


Men banned from becoming Queen as 700 years of law redrafted ahead of gay marriage – Daily Telegraph

‘Words such as “widow” removed from statutes while medieval treason laws and even rules on royal titles amended ahead of gay marriage.’

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Daily Telegraph, 21st February 2014


High Court sends out strong warning against ‘tactical’ use of Mitchell – Litigation Futures

‘The Mitchell ruling is not to be used as a tactical weapon, the High Court has warned litigators in a case where its opprobrium was reserved for the conduct of the party on the other side of the default.’

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Litigation Futures, 21st February 2014


Rotherham machete ‘rampage’ murderer jailed for life – BBC News

Posted February 24th, 2014 in grievous bodily harm, murder, news, sentencing by sally

‘A man who admitted stabbing his boss 51 times before going on a “rampage” with a machete has been jailed for life.’

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BBC News, 21st February 2014


Jacob Rowbottom: Laws, Miranda and the Democratic Justification for Expression – UK Constitutional Law Association

Posted February 24th, 2014 in airports, detention, freedom of expression, human rights, media, news, proportionality by sally

‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’

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UK Constitutional Law Association, 22nd February 2014


How to be fair about transfer to Broadmoor – UK Human Rights Blog

‘L, aged 26, was in a medium security hospital for his serious mental health problems. Concerns about his animus towards another patient arose, and the Admissions Panel of Broadmoor (a high security hospital) agreed to his transfer. It did so without allowing his solicitor to attend and without giving him the gist of why his transfer was to be made.’

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UK Human Rights Blog, 23rd February 2014


Couple get married in Britain’s first Scientology wedding – The Independent

Posted February 24th, 2014 in charities, equality, marriage, news, registrars, religious discrimination by sally

‘Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a “place of meeting for religious worship”.’

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The Independent, 23rd February 2014