700 new convictions for ‘historical sex abuse’ pushing up prison population – Daily Telegraph

Posted July 9th, 2014 in news, prisons, select committees, sentencing, sexual offences by sally

‘Chris Grayling, the Justice Secretary, says sex offenders found guilty of historical crimes are partly to blame for a 1,600 year-on-year rise in prison numbers.’

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Daily Telegraph, 9th July 2014

Source: www.telegraph.co.uk

Immigration: Serious failings within Government system carry ‘high risk of unfairness’ for asylum seekers, says High Court judge – The Independent

Posted July 9th, 2014 in asylum, government departments, immigration, news by sally

‘A High Court judge has ruled that a system for fast-tracking asylum claims has “serious failings” and is being operated unlawfully by the Government.’

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The Independent, 9th July 2014

Source: www.independent.co.uk

Christopher Parry guilty of murdering wife Caroline Parry – BBC News

Posted July 9th, 2014 in married persons, mental health, murder, news by sally

‘A man has been found guilty of murdering his wife by shooting her twice in the back after she left him.’

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BBC News, 9th July 2014

Source: www.bbc.co.uk

Parents of severely ill toddler threatening ‘legal action to keep her alive’ – Daily Telegraph

Posted July 9th, 2014 in children, hospitals, medical treatment, news, parental rights by sally

‘The parents of Amelia Rose claim a hospital ethics committee ruled staff can refuse to send the 23-month-old to the intensive care unit if her condition deteriorates.’

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Daily Telegraph, 9th July 2014

Source: www.telegraph.co.uk

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) – Supreme Court

Posted July 9th, 2014 in competition, contracts, EC law, law reports, telecommunications by sally

British Telecommunications plc (Appellant) v Telefónica O2 Ltd and others (Respondents) [2014] UKSC 42 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales – Supreme Court

Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales [2014] UKSC 43 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Mark Sandland jailed for baby shaking manslaughter – BBC News

‘A man has been jailed for eight years for killing his five-week-old daughter after becoming frustrated by her screaming as he played a video game.’

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BBC News, 9th July 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 9th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No 29 Of 2014 [2014] EWCA Crim 1314 (18 June 2014)

Aslam, R v [2014] EWCA Crim 1292 (03 July 2014)

Court of Appeal (Civil Division)

Akhtar v Boland [2014] EWCA Civ 943 (08 July 2014)

Q (Children) [2014] EWCA Civ 918 (08 July 2014)

Colefax v First Tier Tribunal (Social Entitlement Chamber) & Anor [2014] EWCA Civ 945 (08 July 2014)

Qongwane & Ors v The Secretary of State for the Home Department [2014] EWCA Civ 957 (08 July 2014)

Caldero Trading Ltd v Leibson Corporation Ltd & Ors [2014] EWCA Civ 935 (08 July 2014)

High Court (Queen’s Bench Division)

McGartland & Anor v The Attorney General [2014] EWHC 2248 (QB) (08 July 2014)

Mabbutt (On His Own Behalf And On Behalf of the Conservative Party) [2014] EWHC 2244 (QB) (08 July 2014)

High Court (Administrative Court)

Pall Mall Investments (London) Ltd v Gloucester City Council [2014] EWHC 2247 (Admin) (08 July 2014)

MD, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2249 (Admin) (08 July 2014)

High Court (Commercial Court)

Saipol S.A. v Inerco Trade S.A. [2014] EWHC 2211 (Comm) (20 June 2014)

Source: www.bailii.org

Serious procedural faults in the appointment of judges: an urgent matter of public interest – Halsbury’s Law Exchange

Posted July 9th, 2014 in judiciary, news, professional conduct, public interest by sally

‘As part of the current debate on identifying the best values of British culture and society, the proper workings of the British legal system, would surely have to occupy a prominent place. After all, it is the judiciary that would enhance the sense of wellbeing of its citizen every time that justice is felt to have been established.’

Full story

Halsbury’s Law Exchange, 9th July 2014

Source: www.halsburyslawexchange.co.uk

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily

Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) [2014] UKSC 40; [2014] WLR (D) 291

‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily

Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm); [2014] WLR (D) 293

‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Novoship (UK) Ltd and others v Nikitin and others – WLR Daily

Posted July 9th, 2014 in bribery, causation, charterparties, debts, fiduciary duty, interest, law reports by sally

Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA 908; [2014] WLR (D) 297

‘The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted July 9th, 2014 in criminal injuries compensation, law reports, time limits by sally

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945; [2014] WLR (D) 296

‘The ordinary meaning of paragraph 18(b) of the Criminal Injuries Compensation Scheme 2008, which provided that a claims officer could waive the two-year time limit, from the date of the relevant incident, for the making of an application for compensation in respect of a criminal injury where, in the particular circumstances of the case, it would not have been reasonable to expect the applicant to have made an application within the two-year period, required the late applicant to show that it was not reasonable to expect him to make any application for compensation within time thereby placing the burden on the late applicant to show that he did not fail to comply with a reasonable expectation that he would pursue his compensation rights in a timely manner.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

Judge allows police to break down woman’s door for enforced caesarean – Daily Telegraph

Posted July 9th, 2014 in concealing birth, mental health, news, pregnancy, restraint, social services by sally

‘Pregnant woman has an irrational fear of hospitals but could die in child birth. Her third child was delivered using barbecue tongs and was found severely malnourished’

Full story

Daily Telegraph, 7th July 2014

Source: www.telegraph.co.uk

Court of Appeal: landlord entitled to refuse new lease due to tenant’s failure to allow access – OUT-LAW.com

Posted July 9th, 2014 in covenants, landlord & tenant, leases, news, repairs by sally

‘A landlord was entitled to refuse to grant a new tenancy to a commercial tenant due to that tenant’s “substantial breach” of provisions in the lease allowing the landlord to access and inspect the property regularly, the Court of Appeal in England has said.’

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OUT-LAW.com, 9th July 2014

Source: www.out-law.com

Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

Supreme Court overturns liquidator’s challenge to pre-liquidation security granted over golf club – OUT-LAW.com

Posted July 9th, 2014 in appeals, hotels, liquidators, news, Scotland, Supreme Court by sally

‘A recent decision by the UK’s highest court reinforces how important it is for litigants to succeed in the court of first instance as chances of success on appeal are getting slimmer an expert has said.’

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OUT-LAW.com, 8th July 2014

Source: www.out-law.com

Alison Hewitt family awarded £130,000 for stalker failings – BBC News

‘A family who endured a “living nightmare” at the hands of a stalker are to receive £130,000 because of Home Office failings.

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BBC News, 8th July 2014

Source: www.bbc.co.uk

Woman fined £1,000 in court for cruelty to rabbit found starving and with overgrown teeth – The Independent

Posted July 9th, 2014 in animal cruelty, fines, news by sally

‘A woman whose neglected rabbit had to be put down after its teeth grew more than two inches out of its mouth has been ordered to pay more than £1,000.’

Full story

The Independent, 8th July 2014

Source: www.independent.co.uk

Could TV Licensing be given power to raid bank accounts? – Daily Telegraph

Posted July 9th, 2014 in BBC, debts, licensing, news by sally

‘HMRC chief Lin Homer indicates proposed powers to raid bank accounts of debtors could be extended to TV Licensing and DVLA, as MPs warn they violate Magna Carta.’

Full story

Daily Telegraph, 8th July 2014

Source: www.telegraph.co.uk