The DWP is forcing a rape victim to pay the Bedroom Tax on her police-installed panic room – The Independent

Posted January 28th, 2016 in appeals, benefits, housing, news, social security, victims by sally

‘The Department for Work and Pensions is trying to force a rape victim to pay the so-called “Bedroom Tax” on her police-installed panic room, it has emerged.’

Full story

The Independent, 27th January 2016


EVENT: UCL – The Myth of the Remedial Constructive Trust

Posted January 28th, 2016 in Forthcoming events by sally

‘As the courts continue to flirt with the idea of the remedial constructive trust, this lecture will examine the arguments that have been made for and against its recognition in English law.

The principal argument offered in its favour is that the flexibility it gives to courts allows them to reach better, more just results.

Those who have argued against it have tended to concede this and have focused instead on the uncertainty it would bring and on the legitimacy of courts assuming such a power to reallocate property.

I shall argue that this concession is a mistake.

The justice advantage of the remedial constructive trust is seen to lie in the greater discretion that it gives to courts: freed from the constraints of binding rules, courts are better positioned to fashion a remedy to the circumstances of the cases, reaching the result which is, all things considered, best.

But the relationship between rules and discretion is not always one of opposition and, where discretion is to be meaningfully opposed to rule-based decision-making, the upshot is not more justice but less.

If the remedial constructive trust really is discretionary in a way that ordinary institutional constructive trusts are not, we have every reason to reject it.

It turns out, however, that this is not the sort of discretion that those jurisdictions which have adopted expressly ‘remedial’ constructive trusts have embraced; indeed it’s one they have repeatedly rejected.

Such differences as there are between English law and the law of these jurisdictions are found in the substantive rules which govern the operation of constructive trusts.

So the question English law faces is not whether we should recognise some ‘new model’ of constructive trust, but rather the more familiar inquiry into what rules are best.

In addressing this question, the idea of the ‘remedial’ constructive trust is only an unnecessary distraction.’

This event is accredited with 1 CPD hour with the SRA and BSB

Date: 4th February 2016, 6.00-7.00pm

Location: UCL Gustave Tuck Lecture Theatre, Wilkins Building, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

Financial list for cases over £50m working well, Mr Justice Blair says – Litigation Futures

Posted January 28th, 2016 in banking, budgets, costs, financial regulation, judges, news, pilot schemes, speeches, trials by sally

‘The ‘financial list’ launched by the High Court in October last year for claims linked to the financial markets and worth over £50m is “operating well”, Mr Justice Blair has said.’

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Litigation Futures, 27th January 2016


Wearing the veil in schools: the debate continues – UK Human Rights Blog

Posted January 28th, 2016 in education, freedom of expression, human rights, Islam, news by sally

‘Last week the Prime Minister entered into the debate on the wearing of veils by Muslim women in schools. This week, it is the turn of the Chief Inspector of Schools, Sir Michael Wilshire.’

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UK Human Rights Blog, 27th January 2016


Voyeur who filmed women in Winter Wonderland toilets given suspended sentence – The Independent

Posted January 28th, 2016 in costs, news, sentencing, suspended sentences, voyeurism by sally

‘A Christmas theme park worker who used his smartphone to secretly film women in the toilets at the tourist attraction has been given a suspended jail sentence.’

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The Independent, 27th January 2016


Crimestoppers ad that used heart ‘ripped out of someone’s chest’ banned – The Guardian

Posted January 28th, 2016 in advertising, codes of practice, complaints, news by sally

‘A Crimestoppers ad with an image of a heart that looked as if it was “ripped out of someone’s chest” has been banned by the advertising watchdog.’

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The Guardian, 27th January 2016


Man sentenced to six weeks imprisonment for harassing victim because of disability – CPS News Brief

‘A 25 year old man who used social media to harass a man because of his disability has been sentenced to six weeks imprisonment.’

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CPS News Brief, 27th January 2016


Libor trial: Five brokers found not guilty of helping to rig rates – The Independent

Posted January 28th, 2016 in banking, conspiracy, fraud, interest, news by sally

‘Five former brokers, who were accused of helping the convicted trader Tom Hayes to rig benchmark interest rates, have walked free after a jury acquitted them.’

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The Independent, 28th January 2016


Lords defeat for ministers over disability benefit cuts – BBC News

Posted January 28th, 2016 in benefits, bills, disabled persons, news, parliament, social security by sally

‘The government has been defeated in the Lords over plans to cut the benefits of people with illness and disabilities.’

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BBC News, 27th January 2016


New guidelines say armed thieves should get longest sentences – The Guardian

Posted January 28th, 2016 in firearms, news, offensive weapons, psychiatric damage, robbery, sentencing by sally

‘Thieves armed with guns or knives should get the longest jail terms under new sentencing guidelines for robberies designed to help courts sentence all types of offenders, from a street mugger to a gang guilty of a bank hold-up.’

Full story

The Guardian, 28th January 2016