Employment Appeal Tribunal confirms that judges don’t work for a living… – Cloisters

‘… they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship.’

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Cloisters, 31st October 2016

Source: www.cloisters.com

Digital Economy Bill: The New Electronic Code – Falcon Chambers

Posted November 10th, 2016 in agreements, bills, compulsory purchase, news, telecommunications by sally

‘The Electronic Communications Code is contained in the Telecommunications Act 1984 Schedule 2, as amended by Schedule 3 to the Communications Act 2003 (“the Existing Code”).’

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Falcon Chambers, September 2016

Source: www.falcon-chambers.com

Dealing with a breach of contract. What are the options for the innocent party when the contract is broken? Can they walk away from the deal, when and how? – Falcon Chambers

Posted November 10th, 2016 in contracts, news, rescission, speeches by sally

‘I have been asked to talk this afternoon about breach of contract, specifically what strategies can be adopted in the event that one party fails to complete under the terms of the contract. What are the options for escaping the contract or, alternatively, for forcing the other party to complete?

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Falcon Chambers, September 2016

Source: www.falcon-chambers.com

Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

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Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

Keith Ewing: A Review of the Miller Decision – UK Constitutional Law Association

‘Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How we can stop Brexit – lobby our MPs’ (29 June 2016), no doubt as inflammatory and unacceptable to the BREXITEERS as subsequent developments have been to the REMAINERS. Fearing that Parliament was being enlisted with an agenda to defeat the referendum result, it is not surprising that the BREXITEERS should wish to exclude Parliament from the process altogether.’

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UK Constitutional Law Association, 10th November 2016

Source: www.ukconstitutionallaw.org

One in four prisons hold transgender inmates, says Ministry of Justice report – Daily Telegraph

Posted November 10th, 2016 in news, prisons, reports, transsexuals by sally

‘One in four prisons in England and Wales are holding transgender inmates, an official report has revealed.’

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Daily Telegraph, 9th November 2016

Source: www.telegraph.co.uk

With and without foundation – Bedroom tax in Supreme Court – Nearly Legal

‘The Supreme Court has handed down its judgment in the culmination of years of cases on the discriminatory impact of the ‘removal of the spare room subsidy’ – the bedroom tax. The outcome was mixed, even including a split judgment on one case, but in at least one respect, the bedroom tax regulations were held to unlawfully and unjustifiably discriminate against households with disabled members.’

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Nearly Legal, 9th November 2016

Source: www.nearlylegal.co.uk

Minor neighbour dispute sees sex offender caught for his crimes 15 years later – Daily Telegraph

Posted November 10th, 2016 in DNA, news, sentencing, sexual offences by sally

‘A would-be rapist who attacked two women on the streets 15 years ago has been jailed for 12 years after being caught following a dispute with his neighbour.’

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Daily Telegraph, 9th November 2016

Source: www.telegraph.co.uk

Female lawyers fear “Trump effect” – Legal Futures

Posted November 10th, 2016 in legal profession, news, speeches, women by sally

‘Leading women lawyers have expressed their concerns that Donald Trump’s victory in the race for US president will have a negative impact on the legal profession in this country.’

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Legal Futures, 10th November 2016

Source: www.legalfutures.co.uk

Government confirms civil and criminal tax investigations following ‘Panama Papers’ leaks – OUT-LAW.com

Posted November 10th, 2016 in law firms, news, tax evasion by sally

‘A special taskforce set up following the ‘Panama Papers’ leaks has opened civil and criminal investigations into suspected tax fraud or financial wrongdoing by more than 30 individuals and companies, the government has announced.’

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OUT-LAW.com, 10th November 2016

Source: www.out-law.com

Women in prison: is the justice system fit for purpose? Notes from the panel discussion – Halsbury’s Law Exchange

Posted November 10th, 2016 in criminal justice, news, prisons, sentencing, women by sally

‘In 2014 a Halsbury Law Exchange panel debated “Women in prison: is the penal system fit for purpose” – the answer to which was a resounding no. Despite panellist (the then MP) Simon Hughes committing to effect change as a result of that discussion the law still hasn’t made the headway hoped for in this area.’

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Halsbury’s Law Exchange, 10th November 2016

Source: www.halsburyslawexchange.co.uk

See you in court: judges prepare to sue lord chancellor – Law Society’s Gazette

‘The Ministry of Justice has refused to comment ahead of a potentially embarrassing case in which serving judges will sue the lord chancellor over their pension arrangements.’

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Law Society’s Gazette, 10th November 2016

Source: www.lawgazette.co.uk

Developers fail in judicial review challenge over permission for recycling facility – Local Government Lawyer

Posted November 10th, 2016 in construction industry, costs, local government, news, planning, waste by sally

‘Two developers have lost their attempt to judicially review Hertfordshire County Council’s grant of planning permission for a recycling site.’

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Local Government Lawyer, 10th November 2016

Source: www.localgovernmentlawyer.co.uk

Families win supreme court appeals over ‘unfair’ bedroom tax – The Guardian

‘Two families who claimed that the bedroom tax, which restricts housing subsidies, was unfair have won their appeals against the UK government at the supreme court.’

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The Guardian, 9th November 2016

Source: www.guardian.co.uk

Promises about one’s principal: breach of warranty of authority and the case of P&P Property Ltd v Owen White & Catlin LLP – Hardwicke Chambers

Posted November 10th, 2016 in fraud, law firms, negligence, news, warranties by sally

‘If a solicitor executes a contract to sell “1 The Mall” that identifies the seller as “Mr Bloggs of 1 The Mall” (Mr Bloggs being the registered proprietor of that property), does the solicitor thereby promise to the buyer:

1. that she has authority to sell the property from the actual Mr Bloggs, the true owner of 1 The Mall? Or
2. that her client was someone who told her he was Mr Bloggs and that he owned 1 The Mall?’

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Hardwicke Chambers, 4th November 2016

Source: www.hardwicke.co.uk

The criminology course opening the door to education for prisoners – The Guardian

Posted November 10th, 2016 in crime, legal education, news, prisons, rehabilitation, universities by sally

‘Side by side, Cambridge postgraduates and inmates at a Buckinghamshire prison mull over thorny issues, such as what is legitimate use of power, or why do people obey the law? They are studying criminology together within the walls of HMP Grendon, in small, carefully mixed groups. Over eight weeks they are treated as equals by academic staff; once a week they read, study, discuss and write essays before “graduating” together – though this master’s level study doesn’t carry official university credits.’

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The Guardian, 9th November 2016

Source: www.guardian.co.uk

Levi Bellfield: Police find ‘no link’ to other crimes – BBC News

Posted November 10th, 2016 in inquiries, murder, news, police, recidivists by sally

‘An investigation into allegations surrounding more crimes that may have been committed by the killer of Milly Dowler has been closed.’

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BBC News, 9th November 2016

Source: www.bbc.co.uk

Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer – UK Constitutional Law Association

‘I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article 50 procedure which catalyzed the current debate on whether the Article 50 litigation needs a reference to the Court of Justice, as has been rumoured, but on the face of last week’s judgment it seems that the parties at least were in agreement on the point after all: it is not (they say) reversible: R (Miller) v Secretary of State for Exiting the EU, para 10 (hereinafter “Miller”). However, I believe that there is a far simpler, and so far as I can see compulsory, route from the Supreme Court to Luxembourg in this matter, assuming that the Crown does indeed appeal today’s ruling to that court, and that is that (a) the case turns on the interpretation of the phrase “in accordance with its own constitutional requirements” from Article 50(1) of the Treaty on European Union (“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”), and (b) interpretation of the Treaty, or indeed any EU Law, is the exclusive competence of the Court of Justice of the EU (“CJEU”).’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Liz Truss promises measures to diversify judiciary – The Guardian

Posted November 10th, 2016 in diversity, judiciary, lord chancellor, news, queen's counsel, women by sally

‘More women and minority ethnic lawyers will be helped to become judges, the first female lord chancellor, Liz Truss, has pledged.’

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The Guardian, 9th November 2016

Source: www.guardian.co.uk