English courts will not generally interfere with court proceedings in Brussels Regulation member states, expert says – OUT-LAW.com

Posted March 27th, 2014 in abuse of process, courts, foreign jurisdictions, injunctions, news by tracey

‘A recent High Court decision shows that courts in England will not usually interfere with litigation taking place in other countries that are signatories to the Brussels Regulation, an expert has said.’

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OUT-LAW.com, 27th March 2014

Source: www.out-law.com

Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – UK Human Rights Blog

‘Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014. In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.’

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UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

Prisoners’ Legal Aid, Malayan Killings and the Role of the Judiciary – the Human Rights Roundup – UK Human Rights Blog

‘This week, a challenge to the legal aid reforms by the Howard League for Penal Reform is rejected, while campaigners seeking an inquiry into the action of British soldiers in Malaya in 1948 face similar disappointment. Meanwhile, some of the most senior judges in the UK give their views on the role of the judiciary today.’

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UK Human Rights Blog, 23rd March 2014

Source: www.ukhumanrightsblog.com

No maternity rights for surrogate parents? – Halsbury’s Law Exchange

‘In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.’

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Halsbury’s Law Exchange, 26th March 2014

Source: www.halsburyslawexchange.co.uk

Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange

‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’

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Halsbury’s Law Exchange, 25th March 2014

Source: www.halsburyslawexchange.co.uk

Policeman must apologise to blind man he shot with Taser – The Guardian

Posted March 27th, 2014 in complaints, disabled persons, firearms, news, police, professional conduct by tracey

‘A police officer has been asked to apologise to a blind man whom he shot with a Taser when he mistook his white stick for a samurai sword.’

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The Guardian, 26th March 2014

Source: www.guardian.co.uk

Judge refuses whiplash damages as he criticises Britain’s ‘compensation culture’ – Daily Telegraph

Posted March 27th, 2014 in compensation, expert witnesses, judges, news, personal injuries by tracey

‘Britain’s compensation culture is a “national phenomenon,” a High Court judge said as he refused to grant damages to two women to “stem the tide” of fake insurance claims.’

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Daily Telegraph, 26th March 2014

Source: www.telegraph.co.uk

Jury gives open verdict on teenager who died after ‘relationship with star’ – The Guardian

Posted March 27th, 2014 in duty of care, health, inquests, mental health, news, suicide by tracey

‘There were “shortcomings” in the care given to a teenager who died in a psychiatric unit after allegedly being pressured by a male celebrity into sexual activity, an inquest jury has concluded.’

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The Guardian, 26th March 2014

Source: www.guardian.co.uk

Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent

Posted March 27th, 2014 in appeals, banking, consumer credit, damages, duty of care, news, rescission, Supreme Court by tracey

‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’

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The Independent, 26th March 2014

Source: www.independent.co.uk

‘Giant’ criminal Jude Medcalf freed as jail bed too small – BBC News

Posted March 27th, 2014 in community service, disabled persons, firearms, human rights, news, prisons by tracey

‘A 7ft 2ins-tall (2.2m) criminal has been released from custody after a judge accepted prison beds and uniforms were too small for him.’

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The Guardian, 26th March 2014

Source: www.guardian.co.uk

Police failures over domestic violence exposed in damning report – The Guardian

Posted March 27th, 2014 in domestic violence, news, police, reports by tracey

‘The home secretary is to take personal charge of the way police respond to domestic abuse in England and Wales after a damning report exposed “alarming and unacceptable” weaknesses.’

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The Guardian, 27th March 2014

Source: www.guardian.co.uk

MPs renew demand for Commons votes on use of war-making powers – BBC News

Posted March 27th, 2014 in news, parliament, select committees, war by tracey

‘The government must enshrine in law its commitment to consult the House of Commons before using its war-making powers, MPs have reiterated.’

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BBC News, 27th March 2014

Source: www.bbc.co.uk

Ofgem asks competition watchdog to investigate big six energy suppliers – The Guardian

Posted March 27th, 2014 in competition, consumer protection, energy, news by tracey

‘The energy regulator has asked the competition watchdog to investigate Britain’s energy companies in an effort to restore trust in the industry after public uproar over rising fuel bills.’

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The Guardian, 27th March 2014

Source: www.guardian.co.uk

Habitual Residence – Habitual Problems – Family Law Week

Posted March 26th, 2014 in appeals, divorce, domicile, EC law, families, interpretation, news by sally

‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’

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Family Law Week, 26th March 2014

Source: www.familylawweek.co.uk

The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

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Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

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No. 5 Chambers, 10th March 2014

Source: www.no5.com

“With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage – Family Law Week

Posted March 26th, 2014 in age of consent, consent, divorce, equality, gender, marriage, news by sally

‘Janet Bettle, Barrister, Trinity Chambers, Chelmsford and Jonathan Herring, Professor of Law, Exeter College, University of Oxford examine the nature of marriage and how it may evolve.’

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Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

Court of Appeal clarifies law on expert evidence – Henderson Chambers

Posted March 26th, 2014 in appeals, civil procedure rules, expert witnesses, news by sally

‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’

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Henderson Chambers, 13th March 2014

Source: www.hendersonchambers.co.uk

Is a limited recourse agreement no longer an effective weapon against winding-up? – 11 Stone Buildings

Posted March 26th, 2014 in consumer credit, EC law, insolvency, news, winding up by sally

‘This article questions the decision in ARM Asset-Backed Securities S.A. [2013] EWHC 3351 CH which found that a company was insolvent despite a contractual limited recourse provision which provided that the company was not liable to pay its bondholders more than its available funds.’

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11 Stone Buildings, February 2014

Source: www.11sb.com

The Savile Estate Saga – Sovereign Chambers

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

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Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk