Dalton and others v British Telecommunications plc – WLR Daily

Posted March 20th, 2015 in costs, fees, law reports, news, noise, personal injuries by tracey

Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125

‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Kandola v Generalstaatsanwaltschaft Frankfurt, Germany; Droma v State Prosecutor Nurnberg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority) – WLR Daily

Posted March 20th, 2015 in appeals, extradition, law reports by tracey

Kandola v Generalstaatsanwaltschaft Frankfurt, Germany: Droma v State Prosecutor Nurnberg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority); [2015] EWHC 619 (Admin); [2015] WLR (D) 126

‘In the context of an extradition appeal the court set out the approach to be taken in applying section 12A of the Extradition Act 2003.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Last minute adjournment in criminal legal aid appeal – Law Society’s Gazette

Posted March 20th, 2015 in adjournment, appeals, criminal justice, judicial review, legal aid, news by tracey

‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’

Full story

Law Society’s Gazette, 19th March 2015

Source: www.lawgazette.co.uk

Amina Agboola murder: Death ‘not preventable’, review concludes – BBC News

Posted March 20th, 2015 in child cruelty, domestic violence, murder, news, reports, social services by tracey

‘The death of a toddler killed by a violent kick to her stomach by her mother’s boyfriend could not have been foreseen, a report has concluded.’

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BBC News, 19th March 2015

Source: www.bbc.co.uk

Men allegedly tortured by UK troops plan to go to court over report – BBC News

Posted March 20th, 2015 in armed forces, detention, intelligence services, Iraq, news, torture by tracey

‘Lawyers acting for two men who were jailed for 10 years without trial and say they were tortured after being seized by British troops in Iraq, plan to take the body responsible for investigating the case to court, claiming it is failing to seek potentially vital evidence from the US.’

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The Guardian, 19th March 2015

Source: www.guardian.co.uk

Satanic cult claims dismissed by High Court judge – Daily Telegraph

Posted March 20th, 2015 in care orders, child abuse, news, witchcraft by tracey

‘Claims that a “satanic cult” where children were abused by paedophiles has been operating in north London have been dismissed by a High Court judge.’

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Daily Telegraph, 19th March 2015

Source: www.telegraph.co.uk

Some CPS barristers ‘lack flair’, says inspection report – BBC News

Posted March 20th, 2015 in advocacy, barristers, Crown Prosecution Service, quality assurance, reports by tracey

‘Too many Crown Prosecution Service barristers lack “presence, self-confidence and flair” in Crown Court trials, a report has said. The CPS Inspectorate found that CPS barristers in England and Wales were in danger of “losing” the jury because of how they presented cases. Standards of CPS advocacy had taken a “step backwards” over the past three years, the report said.’

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Full report

BBC News, 19th March 2015

Source: www.bbc.co.uk

Cyril Smith M1 arrest to be probed by Northamptonshire Police – BBC News

Posted March 20th, 2015 in child abuse, indecent photographs of children, news, police by tracey

‘A cold case unit is to investigate claims police released MP Cyril Smith after images of child abuse were found in the boot of his car.’

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BBC News, 19th March 2015

Source: www.bbc.co.uk

Disgraced former hedge fund manager Julian Rifat jailed for insider trading – The Independent

Posted March 20th, 2015 in guilty pleas, hedge funds, insider dealing, news, sentencing by tracey

‘The disgraced former hedge fund manager Julian Rifat was yesterday sentenced to 19 months in jail for taking part in a £285,000 insider trading scandal.’

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The Independent, 20th March 2015

Source: www.independent.co.uk

Companies aiding tax evaders will be criminally liable – The Guardian

Posted March 20th, 2015 in accountants, banking, news, strict liability, tax evasion by tracey

‘Banks and accountants that aid tax evasion will face criminal penalties under plans unveiled by the government. A new offence of corporate failure to prevent evasion is being created to address those who assist dodging. Such offenders could also be “named and shamed” alongside the evaders themselves.’

Full story

The Guardian, 19th March 2015

Source: www.guardian.co.uk

UK rights watchdog attacks Tory policy to quit European human rights court – The Guardian

Posted March 20th, 2015 in equality, human rights, news, political parties by tracey

‘The government’s human rights watchdog has attacked Conservative party proposals to repeal the Human Rights Act and withdraw from the European court of human rights in Strasbourg.’

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The Guardian, 20th March 2015

Soure: www.guardian.co.uk

Sex crime suspects deserve anonymity, MPs say – BBC News

Posted March 20th, 2015 in anonymity, bail, news, rape by tracey

‘There should be a statutory ban on the identification of people who are arrested for sexual offences in England and Wales, a committee of MPs has said.’

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BBC news, 20th March 2015

Source: www.bbc.co.uk

EVENT: The Law Society – Public debate series: Human rights and the theatre of war

Posted March 20th, 2015 in Forthcoming events by sally

‘This debate will discuss questions such as:

Is there an increasing number of legal claims being brought against the MoD under human rights law?
Does the application of civilian norms to military conduct lead to a surge in claims?
Should rules of engagement be subject to the same laws as those applied to civilians in non-conflict situations?
Is there an appropriate balance between legal protections of those whose human rights have been violated and protecting the public?’

Date: 5th May 2015, 6.00-8.45pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.

The Care Act 2014: Overview – Thirty Nine Essex Street

Posted March 20th, 2015 in carers, community care, health, local government, news, social services by sally

‘The Care Act adopts and implements many of the recommendations of the Law Commission on Adult Social Care (published 11 May 2011). It is the largest single piece of community care legislation since the great Beveridge reforms of 1948, sweeping away and re-codifying more than 50 years worth of law and policy.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Non-genetic parentage under the HFEA 2008 – Tanfield Chambers

Posted March 20th, 2015 in assisted reproduction, embryology, news, parental rights by sally

‘Where a child is conceived with donor sperm, parentage is normally determined under the Human Fertilisation and Embryology Act 2008. S.33 provides that the woman who bears the child will be the mother, regardless of whether the egg was hers or came from a donor. If she is married or in a civil partnership, her spouse or civil partner will be the other parent, unless it is shown that the spouse or civil partner did not consent to the treatment – s.35 and s.42. Otherwise, ss.36 and 37 provide that a man (who will normally be the mother’s partner) will be the child’s father if:

(i) the treatment is provided by a clinic in the UK under a licence from the HFE Authority; and

(ii) both parties give written notice to the clinic consenting to such parentage.’

Full story

Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

EVENT: The Law Society – The life and times of the Human Rights Act

Posted March 19th, 2015 in Forthcoming events by sally

‘How do you guarantee effective human rights within the UK system of government? Has the Human Rights Act struck the right balance? Why has the Act become a political football?

At this event Jonathan Cooper will provide a serious analysis of the life and times of the Human Rights Act. The talk will cover a wide-ranging review of the Human Rights Act’s past, present and its future. No doubt there will be a few ghosts knocking about.’

Date: 23rd March 2015, 6.00-8.00pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.

Local Authority Governance, Current Issues – Thirty Nine Essex Street

Posted March 19th, 2015 in local government, news, standards by sally

‘“Governance” in local authority terms means different things to different people. We have chosen three issues within this broad field which appear to us to have caused significant recent controversy, and which are likely to continue to cause problems in the future. These are –

a. Local government standards and predetermination particularly examining the regime under the Localism Act 2011 and asking, two years on from its implementation, what has been the impact of the new regime?
b. A look at some recent case-law concerning the conduct of local authority meetings, the provision of information at and prior to meetings, and the effect of breaches of such requirements on the legality of decisions.
c. Finally, some brief notes on the 2014 DCLG Transparency Code and the Local Audit and Accountability Act 2014.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Hillsborough inquests: Assessing David Duckenfield’s evidence – BBC News

Posted March 19th, 2015 in evidence, health & safety, inquests, news, police, sport by sally

‘Police match commander David Duckenfield spent a week in the witness box at the new inquests into the Hillsborough disaster. But what were the key parts of his evidence, and what have we learned?’

Full story

BBC News, 19th March 2015

Source: www.bbc.co.uk

Schedule 1 – Child Maintenance – Tanfield Chambers

Posted March 19th, 2015 in child support, news, periodical payments, regulations by sally

‘S 8 of the Child Support Act 1991 (CSA 1991) circumscribes the role of the courts in deciding child maintenance. This act trumps the provisions in the MCA 1973 and Children Act 1989 s 15 / Schedule l save in certain circumstances (e.g. where an existing maintenance order has been made less than one year earlier – s 4 (10) (aa) CSA 1991). The combined effect of s10 CSA 1991 and § 3 (1) of the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 (SI 1992/2645) is that from the effective date of a maintenance calculation made pursuant to CSA 1991, any existing court order ceases to have effect.’

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Tanfield Chambers, 20th February 2015

Source: www.tanfieldchambers.co.uk

All proportionality defences are equal, but some are more equal than others – Zenith Chambers

‘The Supreme Court, in the case of Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15, have provided some much needed and helpful clarification of the practicalities of raising and potentially defeating a defence based on discrimination on a summary basis. In the event, events overtook the appeal, and Mr Akerman-Livingstone’s appeal was dismissed, but had it not been for a suitable offer of accommodation and the superior landlord serving notice to quit on the Housing Association and requiring vacant possession from them, the result would have been different.’

Full story (PDF)

Zenith Chambers, 12th March 2015

Source: www.zenithchambers.co.uk