Hanged for murder: Fiftieth anniversary of last people to be executed in UK – The Independent

Posted August 11th, 2014 in death penalty, murder, news by sally

‘When, at 8am on 13 August 1964, Peter Allen and Gwynne Evans took a short walk to the gallows to be hanged for murder, the deaths of two hapless petty criminals were little mourned and little noticed.’

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The Independent, 10th August 2014

Source: www.independent.co.uk


Posted August 8th, 2014 in news by sally

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Junior Tenant Vacancy

Posted August 8th, 2014 in by sally

Enterprise Chambers invites applications for a junior tenant to practice from either its London or Leeds branch.

Enterprise Chambers is a leading commercial chancery set of barristers specialising in commercial and chancery, company, insolvency and restructuring and property law. It houses 38 barristers across three sites in London, Leeds and Newcastle.

Chambers has a vacancy for a junior tenant to start in October and practise from either its London or Leeds branch. Applicants should complete the application form which is available to download at www.enterprisechambers.com/opportunities and return it to the Recruitment Committee, Enterprise Chambers, 9 Old Square, Lincoln’s Inn, London WC2A 3SR.

The deadline for application is Friday 29th August 2014. If you have any queries please feel free to contact the recruitment committee on 020 7405 9471.

HMRC closing the gap on tax avoidance – RPC Commercial Disputes Blog

Posted August 8th, 2014 in complaints, financial advice, HM Revenue & Customs, news, tax avoidance by sally

‘Anyone who has invested in, promoted, or advised on any form of tax mitigation scheme may be feeling slightly nervous following the latest announcement from HMRC concerning the on-going saga of tax avoidance. And understandably so.’

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RPC Commercial Disputes Blog, 7th August 2014

Source: www.rpc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 8th, 2014 in legislation by sally

The Paternity and Adoption Leave (Amendment) Regulations 2014

The Video Recordings Act 1984 (Exempted Video Works) Regulations 2014

The Church Representation Rules (Amendment) Resolution 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 8th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Palmer & Ors v R [2014] EWCA Crim 1681 (07 August 2014)

Court of Appeal (Civil Division)

Amlin Corporate Member Ltd & Ors v Oriental Assurance Corporation [2014] EWCA Civ 1135 (07 August 2014)

Drax Power Ltd, R (on the application of) v Secretary of State for Energy and Climate Change [2014] EWCA Civ 1153 (07 August 2014)

High Court (Queen’s Bench Division)

Erlam & Ors v Rahman & Anor [2014] EWHC 2766 (QB) (07 August 2014)

High Court (Administrative Court)

Woods & Anor, R (on the application of) v Merseyside Police [2014] EWHC 2784 (Admin) (07 August 2014)

Sadushi v The Government of Albania [2014] EWHC 2756 (Admin) (07 August 2014)

Source: www.bailii.org

Exclusive: Heroin addicts to be given free foil to help them kick their habit – The Independent

Posted August 8th, 2014 in drug abuse, health, news, rehabilitation by sally

‘Heroin addicts are to be given free foil – to heat up the drug – in an effort to help them kick the habit and cut the risk of contracting disease, the Government will announce tomorrow.’

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The Independent, 7th August 2014

Source: www.independent.uk

Criminals jailed by magistrates to pay victim surcharge – BBC News

Posted August 8th, 2014 in imprisonment, magistrates, news, restorative justice, sentencing, victims by sally

‘Criminals jailed by magistrates’ courts in England and Wales will no longer be excused from victim surcharge payments by serving extra prison time.’

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BBC News, 8th August 2014

Source: www.bbc.co.uk

Man fined for pretending to be ghost in Portsmouth cemetery – The Guardian

Posted August 8th, 2014 in criminal damage, fines, news, threatening behaviour by sally

‘A man has been fined for pretending to be a ghost and other rowdy behaviour in a cemetery.

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The Guardian, 7th August 2014

Source: www.guardian.co.uk

EVENT: UCL Quain Lectures 2014/15 – Cass Sunstein

Posted August 7th, 2014 in Forthcoming events by sally

‘When should people choose, and when should they choose not to do so? Contrary to some of the important strands in liberal political thought, human beings are often free by default. Default rules, chosen by private or public institutions, establish settings and starting points for central aspects of our lives, including countless goods and activities—cell phones, rental car agreements, computers, savings plans, health insurance, websites, privacy, and much more. Many of these rules do a great deal of good, but others are badly chosen and impose considerable harm. The obvious alternative to default rules, of particular interest when individual situations are diverse, is active choosing, by which people are asked or required to make decisions on their own. But if active choosing were required in all contexts, people would quickly be overwhelmed. Especially in complex and unfamiliar areas, default rules have significant advantages. It is where people prefer to choose, and where learning is both feasible and important, that active choosing is usually best. At the same time, it is increasingly possible for private and public institutions to produce highly personalized default rules, designed to fit individual circumstances, and thus to reduce the problems with one-size-fits-all defaults. At least when choice architects can be trusted, personalized default rules offer most (not all) of the advantages of active choosing without the disadvantages; they can increase both welfare and freedom. These points raise fresh challenges for capitalist economies, the proper conception of human dignity, democratic processes, and personal privacy.’

Date: 13th-15th October 2014, 6.00pm

Location: UCL Cruciform Lecture Theatre 1, Cruciform Building, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

English court would not stay “unsustainable” claim to allow it to be tried by a foreign court – OUT-LAW.com

‘English courts would not ‘stay’ legal proceedings involving foreign parties to enable those proceedings to be brought in a court in another country in circumstances where those proceedings are unsustainable, the Court of Appeal has ruled.’

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OUT-LAW.com, 7th August 2014

Source: www.out-law.com

The latest on cuts: Lessons for authorities following R (Draper) v Lincolnshire CC – Hardwicke Chambers

Posted August 7th, 2014 in budgets, consultations, judicial review, libraries, local government, news by sally

‘Mr Justice Collins has handed down judgment in the latest case borne out of government cuts. The judgment provides useful learning to local authorities in particular on how to comply with new duties in relation to expressions of interest under the Localism Act 2011, writes Leon Glenister.’

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Hardwicke Chambers, 5th August 2014

Source: www.hardwicke.co.uk

Alfie Sullock death: Michael Pearce nine-year term reviewed – BBC News

Posted August 7th, 2014 in children, homicide, news, sentencing by sally

‘The nine-year jail sentence of the man convicted of killing baby Alfie Sullock is being reviewed by the Attorney General after complaints it is too lenient.’

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BBC News, 7th August 2014

Source: www.bbc.co.uk

The strike down of Superstrike: Where are we now with tenancy deposits? – Hardwicke Chambers

Posted August 7th, 2014 in deposits, housing, landlord & tenant, news by sally

‘Most landlords of residential property take a deposit as security for their tenant’s liabilities. Since 1996 the vast majority of tenancies granted by private landlords and many tenancies granted by Registered Providers of housing have been assured shorthold tenancies (“ASTs”).’

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Hardwicke Chambers, 6th August 2014

Source: www.hardwicke.co.uk

Witness statements, Mitchell and CPR rules 3.9 and 32.10 – Sovereign Chambers

Posted August 7th, 2014 in civil procedure rules, evidence, news, time limits, trials, witnesses by sally

‘David Partington and Judy Dawson, barristers in the Sovereign Chambers Civil Team in Leeds, consider the civil procedural difficulties that the late service of witness statements cause for both the defaulting and innocent parties, given the interplay of, “Jackson”, Denton, and the cases dealing with sanction for late service of witness statements.’

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Sovereign Chambers, 16th July 2014

Source: www.sovereignchambers.co.uk

Bite Size RTA Case Law Update – Zenith Chambers

Posted August 7th, 2014 in accidents, duty of care, negligence, news, road safety, road traffic offences by sally

‘Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is important. Here I look at three very different recent cases. In Jade Christian v. South East London & Kent Bus Co.the court reiterated that appellate courts have to exercise the greatest restraint before overturning findings of fact made at first instance. In Gray v. Botwright the Court of Appeal went against the general principle that drivers are entitled to assume that no traffic will be crossing against a red light. In Gupta v. Armstrong & Anor a coach driver who was carefully executing a manoeuvre and failed to see a pedestrian who was trying to flag him down to board was not found to have been negligent to any degree.’

Full story (PDF)

Zenith Chambers, 22nd July 2014

Source: www.zenithchambers.co.uk

Understanding Serious Brain Injury – No. 5 Chambers

Posted August 7th, 2014 in accidents, disabled persons, news, personal injuries, rehabilitation by sally

‘At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second. The first news of a serious traumatic event is shocking, thoughts often turn to simply holding onto life and then anxiety over the serious permanent disability which may follow; in the mind of those involved it is very much the physical disabilities which are at the forefront.’

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No. 5 Chambers, 16th July 2014

Source: www.no5.com

Private landlords and article 8 – Are we there yet? – Hardwicke Chambers

Posted August 7th, 2014 in benefits, housing, human rights, landlord & tenant, mortgages, news, repossession by sally

‘At the time of the decisions in Manchester City Council v Pinnock [2011] 2 AC 104 and Hounslow v Powell [2011] 2 AC 186 it was thought that a seismic shock wave would be sent through the Courts requiring them in every claim for possession of residential premises by a public sector landlord to undertake a time consuming balancing exercise to assess the “proportionality” of making an order for possession. The Courts, it was thought, would be overwhelmed. This has in fact not proved to be the case. The County Court has become adept at weeding out the weak cases early on and even where the article 8 point is run to trial the Court has, by and large, been robust in its approach. The one issue which has remained unresolved for a surprisingly long time is the question of the extent to which the principles set out in Powell and Pinnock would apply in a possession claim where the land owner is a private individual and not part of the public sector.’

Full story

Hardwicke Chambers, 4th August 2014

Source: www.hardwicke.co.uk

A new PD for Insolvency Proceedings: minor changes can still trip you up – 11 Stone Buildings

Posted August 7th, 2014 in insolvency, news, practice directions, winding up by sally

‘With very little fanfare indeed, a new Practice Direction for Insolvency Proceedings came into effect on 29 July 2014, replacing that of February 2012. The changes between the 2012 and 2014 Insolvency Practice Directions are minor, but have the potential to trip up practitioners. Thomas Robinson sets out the three main areas to note.’

Full story (PDF)

11 Stone Buildings, August 2014

Source: www.11sb.com

Selwyn Bloch QC & Charlene Hawkins Comment on Court of Appeal Decision Prophet PLC V Huggett – Littleton Chambers

Posted August 7th, 2014 in contracts, employment, news, restrictive covenants by sally

‘The Empire Strikes Back? Triumph of the Literal Interpretation of Restrictive Covenant Prophet Plc V Christopher Huggett [2014] Ewca Civ 1013 (22 July 2014)’

Full story

Littleton Chambers, 23rd July 2014

Source: www.littletonchambers.com