SRA to research competence of personal injury lawyers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to launch a research project on the “competence” of personal injury lawyers, it has emerged.’

Full story

Legal Futures, 4th December 2015

Source: www.legalfutures.co.uk

Speech by Lord Justice Treacy at the Criminal Law Review Conference – Courts and Tribunals Judiciary

Posted December 4th, 2015 in health & safety, robbery, sentencing, speeches, theft, victims by tracey

‘I am pleased to be here today as I think this a good opportunity for me as Chairman, to outline four broad themes which go some way to showing different aspects of the Sentencing Council’s work.’

Full speech

Courts and Tribunals Judiciary, 3rd December 2015

Source: www.judiciary.gov.uk

Beccles rapist to spend longer in prison – Attorney General’s Office

Posted December 4th, 2015 in appeals, press releases, rape, sentencing by tracey

‘The Court of Appeal today increased the unduly lenient sentence handed to rapist Martin Tom.’

Full press release

Attorney General’s Office, 3rd December 2015

Source: www.gov.uk/ago

Regina (HS and others) v South Cheshire Magistrates’ Court and another; Regina (MU and another)North Cheshire Magistrates’ Court; Regina (AM)South Cheshire Magistrates’ Court and another – WLR Daily

Posted December 4th, 2015 in judicial review, law reports, search & seizure, warrants by tracey

Regina (HS and others) v South Cheshire Magistrates’ Court and another: Regina (MU and another)North Cheshire Magistrates’ Court: Regina (AM)South Cheshire Magistrates’ Court and another: Regina (HS and others)Crown Court at Manchester and another: [2015] EWHC 3415 (Admin); [2015] WLR (D) 500

‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’

WLR Daily, 30th November 2015

Source: www.iclr.co.uk

In re BCA Pension Plan – WLR Daily

Posted December 4th, 2015 in law reports, notification, pensions, trusts by tracey

In re BCA Pension Plan: [2015] EWHC 3492 (Ch); [2015] WLR (D) 502

‘Where the court made an order under section 48 of the Administration of Justice Act 1985 which directly related to the level of benefits that would be payable to members of a pension scheme, members should be told of the order unless there were compelling reasons to the contrary.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another – WLR Daily

Posted December 4th, 2015 in apportionment, interpretation, landlord & tenant, law reports, leases, rent by tracey

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another: [2015] UKSC 72; [2015] WLR (D) 501

‘A term would only be implied into a detailed commercial contract if its implication were necessary to give business efficacy to the contract or so obvious that went without saying.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Sanam v National Crime Agency – WLR Daily

Sanam v National Crime Agency: [2015] EWCA Civ 1234; [2015] WLR (D) 495

‘There was no basis for concluding that a civil recovery order obtained by the National Crime Agency pursuant to Part 5 of the Proceeds of Crime Act 2002 in respect of property derived from unlawful conduct would violate the rights of an innocent former wife of the criminal under article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though she would be left without any assets if a recovery order was made.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Worker stole nearly £500,000 of council funds to pay for lavish wedding – The Guardian

Posted December 4th, 2015 in abuse of position of trust, care workers, fraud, money laundering, news, sentencing by tracey

‘A finance officer in one of London’s poorest boroughs has been jailed after she defrauded the council of almost £500,000, paying for a lavish wedding, a honeymoon in Dubai and extensive home renovations.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

Dash cam footage of dangerous overtaking lands driver in jail in UK first – Daily Telegraph

Posted December 4th, 2015 in dangerous driving, evidence, news, sentencing, video recordings by tracey

‘In a landmark case, a driver has been jailed after another car’s dashboard camera filmed his dangerous overtaking manoeuvres.’

Full story

Daily Telegraph, 3rd December 2015

Source: www.telegraph.co.uk

Islamist extremist’s wife and children win citizenship battle – BBC News

Posted December 4th, 2015 in citizenship, families, news, terrorism by tracey

‘The wife and children of an Islamist extremist linked to al-Qaeda have won a legal battle against the Home Secretary’s refusal to grant them UK citizenship.’

Full story

BBC News, 3rd December 2015

Source: www.bbc.co.uk

Outdated inheritance tax too toxic to save, says thinktank – The Guardian

Posted December 4th, 2015 in budgets, gifts, inheritance tax, news, political parties by tracey

‘The Fabian Society said the evidence from a series of focus groups conducted after the general election in May showed that Labour voters were as hostile to inheritance tax as Conservatives. The thinktank said the tax, seen as illegitimate and unfair by voters, should be replaced by the levying of income tax on gifts and bequests.’

Full story

The Guardian, 4th December 2015

Source: www.guardian.co.uk

Primark breastfeeding claim mother avoids jail ‘by a whisker’ – The Guardian

Posted December 3rd, 2015 in news, perverting the course of justice, sentencing, suspended sentences by tracey

‘Judge gives suspended sentence to Caroline Starmer, who lied about security guard taking baby from her while she fed.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

Transgender woman who was sent to male prison is freed – The Guardian

Posted December 3rd, 2015 in news, prisons, suicide by tracey

‘A transgender woman who was sent to a male prison, causing a storm of protest, has been freed after 40 days behind bars.
Tara Hudson, 26, spent a week in the all-male HMP Bristol, where she was tormented by inmates, before being moved to a female prison after more than 150,000 people signed a petition calling for her to be transferred.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

Courts – Written statement to Parliament – Ministry of Justice

Posted December 3rd, 2015 in costs, courts, criminal courts charge, criminal justice, press releases by tracey

‘The courts take money from offenders in a number of ways, including fines, the victim surcharge, compensation orders, prosecution costs and the Criminal Courts Charge. This array of penalties, fines and charges is complex and confusing. I have therefore asked my department to review the entire structure, and purpose, of court-ordered financial impositions for offenders, in order to bring greater simplicity and clarity to the system.’

Full press release

Ministry of Justice, 3rd December 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

Criminal courts charge to be scrapped by government – BBC News

Posted December 3rd, 2015 in courts, criminal courts charge, criminal justice, magistrates, news by tracey

‘The criminal courts charge is to be scrapped, Justice Secretary Michael Gove has announced.’

Full story

BBC News, 3rd December 2015

Source: www.bbc.co.uk

Acts and Omissions of Returning Officer – Local Government Law

Posted December 3rd, 2015 in elections, local government, news by tracey

‘The two issues raised by the Local Government Election Petition in Baxter v Fear [2015] EWHC 3136 (QB) were described by the Court as “important and novel”.’

Full story

Local Government Law, 3rd December 2015

Source: www.11kbw.com/blogs/local-government-law

Ownership Rights of a Highway Authority – Local Government Law

Posted December 3rd, 2015 in local government, London, news, roads by tracey

‘What one might call the “normal” or “traditional” ownership rights of a highway authority lay at the heart of the dispute in Southwark LBC v Transport for London [2015] EWHC 3448 (Ch).’

Full story

Local Government Law, 3rd December 2015

Source: www.11kbw.com/blogs/local-government-law

Bank fined after outsourcing faults led to improper money transfers and exposure to financial risk – OUT-LAW.com

Posted December 3rd, 2015 in banking, financial regulation, fines, news by tracey

‘The Prudential Regulatory Authority (PRA) has fined a bank more than £1 million after finding that faults with its outsourcing arrangements helped rogue employees at a third party service provider to move money out of its bank accounts without its knowledge or consent and put the bank’s own financial health at risk.’

Full story

OUT-LAW.com, 2nd December 2015

Source: www.out-law.com

E-Privacy Goes Mobile – Panopticon

Posted December 3rd, 2015 in conspiracy, injunctions, internet, news, privacy, regulations, telecommunications by tracey

‘Although most readers of this blog will be familiar, to some extent, with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), they are a rarely sighted beast in the reported jurisprudence. Panopticon is aware of individual damages claims brought in the County Courts for small sums, but even they are few and far between.’

Full story

Panopticon, 2nd December 2015

Source: www.panopticonblog.com

Making new criminal offences – Ministry of Justice

Posted December 3rd, 2015 in crime, criminal justice, Ministry of Justice, news, proportionality by tracey

‘This guidance is for officials who may be considering creating new criminal offences or amending existing criminal offences.’

Full guidance

Ministry of Justice, 2nd December 2015

Source: www.gov.uk/government/organisations/ministry-of-justice