Rape: consenting in a digital age – Halsbury’s Law Exchange

Posted October 24th, 2014 in alcohol abuse, consent, internet, news, rape by sally

‘Rape, as everyone knows, is having penetrative sexual activity with someone without that person’s consent and the defendant not reasonably believing that that person is consenting.’

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Halsbury’s Law Exchange, 24th October 2014

Source: www.halsburyslawexchange.co.uk

Separated families and bedroom tax – NearlyLegal

Posted October 24th, 2014 in benefits, children, families, housing, human rights, news by sally

‘This was the Liberty backed judicial review of the bedroom tax regulations on the basis that the regulations amounted to an article 8 breach, or an article 14 breach read with article 8, or that the regulations were irrational. At issue was the status of separated families where there was shared care.’

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NearlyLegal, 23rd October 2014

Source: www.nearlylegal.co.uk

High Court judge rejects challenge to withdrawal of wheelchair bus service – Local Government Lawyer

‘A city council has successfully defended a High Court challenge to its decision to withdraw a wheelchair bus service.’

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Local Government Lawyer, 23rd October 2014

Source: www.localgovernmentlawyer.co.uk

NSPCC’s call for law change over sex messages – BBC News

Posted October 24th, 2014 in child abuse, electronic mail, internet, news, sexual offences, telecommunications by sally

‘Campaigners want it to be made illegal for adults to send sexual messages to children.’

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BBC News, 24th October 2014

Source: www.bbc.co.uk

Gay asylum seekers face ‘intrusive’ sexual questions – The Guardian

Posted October 24th, 2014 in asylum, homosexuality, immigration, news by sally

‘More than a tenth of Home Office interviews of gay and lesbian asylum seekers include “intrusive or unsatisfactory” questions about their sex lives, according to an investigation by the chief inspector of borders and immigration.’

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The Guardian, 23rd October 2014

Source: www.guardian.co.uk

Inducements ban extended to third parties – Law Society’s Gazette

Posted October 24th, 2014 in inducements, law firms, news, personal injuries by sally

‘The government has moved to strengthen the proposed ban on personal injury firms offering inducements for claims.’

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Law Society’s Gazette, 23rd October 2014

Source: www.lawgazette.co.uk

Supreme Court: ‘sale and rent back’ firm could not grant tenants proprietary rights over properties before sale completed – OUT-LAW.com

Posted October 24th, 2014 in leases, mortgages, news, repossession, sale of land by sally

‘A firm that purchased properties in the north east of England on the condition that the previous owners would be entitled to remain in their homes indefinitely was not in a position to make such a promise, the UK’s highest court has ruled.’

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OUT-LAW.com, 23rd October 2014

Source: www.out-law.com

“UK must not think only of itself”: Massacre families urge UK not to leave ECHR – UK Human Rights Blog

Posted October 24th, 2014 in human rights, news, rule of law by sally

‘The Conservative Party’s proposals to introduce a British Bill of Rights and Responsibilities that would weaken the UK’s obligations under the European Convention on Human Rights (ECHR) – and the legal chaos that would ensue if it was ever enacted – have been hotly debated. The proposal makes clear that if the Council of Europe was to reject the UK’s unilateral move, as it would be bound to, the UK ‘would be left with no alternative but to withdraw’ from the Convention.’

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UK Human Rights Blog, 24th October 2014

Source: www.ukhumanrightsblog.com

Men jailed over deaf blind man Chelmsford train track attack – BBC News

Posted October 24th, 2014 in assault, disabled persons, grievous bodily harm, news, sentencing by sally

‘Two men have been sent to prison for throwing a deaf blind man and his brother on to railway tracks.’

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BBC News, 23rd October 2014

Source: www.bbc.co.uk

CPS to launch review after ‘shambolic’ fake marriage case collapses – The Independent

‘The Crown Prosecution Service (CPS) is to launch a full review of its procedures after a judge halted a case in which a vicar who was alleged to have operated a “conveyor belt” of sham marriages claimed that immigration officers concealed evidence and lied under oath.’

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The Independent, 23rd October 2014

Source: www.independent.co.uk

Met police to pay more than £400,000 to victim of undercover officer – The Guardian

Posted October 24th, 2014 in compensation, demonstrations, inquiries, news, paternity, police, spying by sally

‘The Metropolitan police are to pay more than £400,000 to a woman who has been profoundly traumatised after discovering by chance that the father of her son was an undercover police officer.’

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The Guardian, 23rd October 2014

Source: www.guardian.co.uk

Building your brand – New Law Journal

Posted October 23rd, 2014 in advertising, law firms, legal services, news by sally

‘Lena Ahad explains how to market legal services more effectively in a digital world.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 23rd, 2014 in legislation by sally

The Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014

The Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2014

The Building Societies (Funding) and Mutual Societies (Transfers) Act 2007 (Commencement No. 2) Order 2014

The Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014

The Official Feed and Food Controls (England) and the Food Safety and Hygiene (England) (Amendment) Regulations 2014

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment No.2) Regulations 2014

Source: www.legislation.gov.uk

Insurance surgery: A new regime – New Law Journal

Posted October 23rd, 2014 in bills, contracts, damages, disclosure, fraud, insurance, news, warranties by sally

‘The Insurance Bill may alter centuries old law on disclosure by commercial policyholders, warranties & remedies for fraud & place more emphasis on active underwriting, says James Deacon.’

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New Law Journal, 23rd October 2014

Source: www.newlawjournal.co.uk

Nzolameso v Westminster City Council – WLR Daily

Posted October 23rd, 2014 in appeals, homelessness, housing, law reports, local government by sally

Nzolameso v Westminster City Council [2014] EWCA Civ 1383; [2014] WLR (D) 437

‘For the purposes of section 208 of the Housing Act 1996, when deciding whether it was “reasonably practicable” to accommodate a particular homeless person within its own district, bearing in mind that the accommodation might be of no more than a temporary nature, a local housing authority was entitled to have regard to all the factors that had a bearing on its ability to provide accommodation to that person, including the demands made on its resources, whether of a financial or administrative nature.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2)- WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) (No 2) [2014] EWCOP 37; [2014] WLR (D) 434

‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same – WLR Daily

Posted October 23rd, 2014 in appeals, children, human rights, immigration, law reports by sally

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same [2014] EWCA Civ 1334; [2014] WLR (D) 435

‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

Relief From Sanctions – Watch it! – Zenith PI Blog

Posted October 23rd, 2014 in civil procedure rules, news, sanctions, time limits by sally

‘After the turbulence of the past year, provoked primarily by the Mitchell case [2014] 1WLR 795, we all surely know about relief from sanctions – but do we?’

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Zenith PI Blog, 22nd October 2014

Source: www.zenithpi.wordpress.com

Retired judge Sir John Royce criticises legal cuts – BBC News

Posted October 23rd, 2014 in courts, criminal justice, judges, legal aid, lord chancellor, news by sally

‘A recently retired High Court judge has said he thinks government cuts to the legal system have gone too far.’

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BBC News, 22nd October 2014

Source: www.bbc.co.uk

Will scrapping the CPD requirement reduce the quality of lawyers? – The Futures of Law

‘The Solicitors Regulation Authority (SRA) has pledged to scrap its requirement for solicitors to complete 16 hours of continuing professional development (CPD), describing its existing system as little more than a “box ticking” exercise. The SRA believes revoking the current system will provide greater flexibility, but Nicholas Lakeland, partner and head of the employment and pensions team at Silverman Sherliker LLP, fears it may well lead to a real reduction in training.’

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The Future of Law, 22nd October 2014

Source: www.blogs.lexisnexis.co.uk