THE REAL ADVANTAGES AND RISKS OF PART 36 – Zenith PI Blog

‘In Downing v Peterborough & Stamford NHS Foundation Trust [2014]EWHC 4216 (QB) heard by Sir David Eady on 12th December 2014 the Claimant received an additional £75,000 in damages after beating its own Part 36 offer.’

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Zenith PI Blog, 5th January 2015

Source: www.zenithpi.wordpress.com

Injunctions against ISPs Part VIII: Cartier International AG and Others v British Sky Broadcasting Ltd and Others – NIPC Law

‘In Cartier International AG and Others v British Sky Broadcasting Ltd and Others [2014] EWHC 3354 (Ch), [2014] WLR(D) 464 three of the subsidiaries of Compagnie Financière Richemont SA applied to Mr Justice Arnold for injunctions against the five largest internet service providers.’

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NIPC Law, 6th January 2015

Source: www.nipclaw.blogspot.co.uk

Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note – Garden Court Chambers Blog

‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’

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Garden Court Chambers Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Is the Cart-threshold being set too high? – Garden Court Chambers Blog

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

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Free Movement, 7th January 2015

Source: www.freemovement.org.uk

NHS trust fined £180,000 after patient suffers burns from overheated mattress – Local Government Lawyer

‘An NHS trust was fined £180,000 before Christmas after a patient suffered severe burns from a warming mattress.’

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Local Government Lawyer, 6th January 2015

Source: www.localgovernmentlawyer.co.uk

Law Society questions value of cab-rank rule – Legal Futures

Posted January 7th, 2015 in barristers, contracts, fees, Law Society, legal representation, news, solicitors by tracey

‘The Law Society has responded to a Bar Standards Board (BSB) call for evidence on the cab-rank rule by questioning its “operational value”.’

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Legal Futures, 7th January 2015

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 7th, 2015 in legislation by tracey

The Banks and Building Societies (Depositor Preference and Priorities) Order 2014

The Bank Recovery and Resolution Order 2014

The Public Service Pensions Act 2013 (Commencement No. 6, Saving Provision and Amendment) Order 2015

The Fishing Boats (Satellite-Tracking Devices and Electronic Reporting) (England) (Amendment) Scheme 2014

Source: www.legislation.gov.uk

Using the Inherent Jurisdiction to Disrupt Child Sexual Exploitation – Family Law Week

Posted January 7th, 2015 in children, injunctions, news, sexual grooming, sexual offences, victims, young persons by tracey

‘Heather Popley, barrister of No 5 Chambers, examines the innovative use of civil injunctions in the recent Birmingham case.’

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Family Law Week, 30th December 2015

Source: www.familylawweek.co.uk

The Separate Representation of Children in Child Abduction Proceedings – Family Law Week

Posted January 7th, 2015 in appeals, child abduction, children, delay, legal representation, news, Supreme Court by tracey

‘Esther Lieu, barrister of 3PB Chambers, explores how the role of children has developed Hague Convention child abduction proceedings.’

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Family Law Week, 6th January 2015

Source: www.familylawweek.co.uk

Wellers’ child privacy case: Peers urged to change law – BBC News

Posted January 7th, 2015 in children, families, media, news, photography, privacy by tracey

‘Parliament has been urged to make it illegal to publish photos of children without their parents’ consent. It follows a campaign by the wife of the rock star Paul Weller, who won a high court battle last year over unpixelated photos of their children published by a newspaper website.’

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BBC News, 6th January 2015

Source: www.bbc.co.uk

Ched Evans: Attorney general’s office probe into website – BBC News

Posted January 7th, 2015 in attorney general, contempt of court, employment, internet, news, rape, sentencing, sport, victims by tracey

‘The attorney general’s office is considering whether a website supporting convicted rapist Ched Evans breached contempt of court laws.’

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BBC News, 6th January 2014

Source: www.bbc.co.uk

Home Office agrees to fund search for Ben Needham – The Guardian

Posted January 7th, 2015 in child abduction, children, Greece, missing persons, news by tracey

‘The Home Office has agreed to fund a team of British detectives to help search for toddler Ben Needham who went missing in Greece more than 20 years ago.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

Publication of Chilcot report delayed over criticisms of Blair government – The Guardian

Posted January 7th, 2015 in news, reports, war, war crimes by tracey

‘The long-awaited Chilcot report on the 2003 invasion of Iraq is being held up by rows over criticisms of leading figures in the Blair government and will almost certainly not be published until after the general election, the Guardian has learned. That scenario emerged on Tuesday after former Conservative foreign secretary Lord Hurd described the way the inquiry had dragged on went beyond questions of mere negligence and forgiveable delay. “It is becoming a scandal”, he told peers. He added: “This is not something of trivial importance. It is something of which a large number of people in this country look anxiously for truth.” ‘

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

Pupils’ lawyers challenge lower threshold for school exclusions – The Guardian

‘Many more children could be expelled from school under new guidance which comes into force this week, according to lawyers who represent pupils at appeal panels.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

Police stole identities of dead children as old as 17 – Daily Telegraph

Posted January 7th, 2015 in children, freedom of information, identity fraud, news, police by tracey

‘The identities of dead teenagers as old as 17 were stolen by undercover police officers, according to figures released by Scotland Yard after an MP’s near two-year battle to expose the information.’

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Daily Telegraph, 6th January 2015

Source: www.telegraph.co.uk

The legal issues in the Ched Evans case – BBC News

‘Footballer Ched Evans is still looking for a new club after being released from prison last October, having served half of a five-year sentence for the rape of a 19-year-old woman in a hotel in May 2011.’

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BBC News, 6th January 2014

Source: www.bbc.co.uk

Paediatrician goes on trial for alleged historical rapes at Stoke Mandeville – The Guardian

Posted January 7th, 2015 in abuse of position of trust, child abuse, doctors, news, rape, sexual offences by tracey

‘A consultant paediatrician raped and indecently assaulted young girls in the 1970s and 80s thinking he was “bomb-proof” because no one would believe a child over him, a jury has been told.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk

Drug dealers outside schools let off with ‘slap on the wrist’ – Daily Telegraph

‘Dealers who sell drugs outside schools are being let off with a “slap on the wrist” by police instead of facing prosecution, the magistrates’ leader has warned.’

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Daily Telegraph, 6th January 2015

Source: www.telegraph.co.uk

Gypsies and Travellers: “A litmus test not of democracy but of civil society” – No. 5 Chambers

Posted January 6th, 2015 in equality, housing, human rights, news, planning, race discrimination, travellers by sally

‘“[T]here is force in the observation attributed to Václav Havel, no doubt informed by the dire experience of central Europe: “The Gipsies are a litmus test not of democracy but of civil society”.” So said Lord Bingham of Cornhill in the House of Lords in South Buckinghamshire DC v Porter (No 1).’

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No. 5 Chambers, 18th December 2014

Source: www.no5.com