Parish council wins High Court planning battle over village needs – Local Government Lawyer

Posted December 14th, 2016 in housing, judicial review, local government, news, planning by sally

‘East Bergholt Parish Council has won a case against Babergh District Council that it said would affect two more planning applications in the district and potentially other rural areas.’

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Local Government Lawyer, 14th December 2016

Source: www.localgovernmentlawyer.co.uk

Briton loses fight to stop Mormon ex-partner taking children to Utah – The Guardian

Posted December 14th, 2016 in child abduction, news by sally

‘A Briton who wanted to stop his former partner taking their children to live in an American state where the Mormon church is based has lost a family court fight.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

Nine convicted over student visa English test plot – BBC News

Posted December 14th, 2016 in examinations, fraud, immigration, news, visas by sally

‘Nine people have been convicted of running an immigration fraud linked to English tests for foreign students.’

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BBC News, 13th December 2016

Source: www.bbc.co.uk

Second application for security for costs “not an abuse of process” – Litigation Futures

Posted December 14th, 2016 in abuse of process, consent orders, costs, news by sally

‘A businessman involved in a £132m dispute with property tycoons Nick and Christian Candy has been ordered to provide £5.5m security for costs after the High Court rejected arguments that the application was an abuse of process because the Candys had withdrawn a previous application.’

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Litigation Futures, 13th December 2016

Source: www.litigationfutures.com

Blocking detainees’ access to legal advice websites probably breaches Article 10 ECHR – Free Movement

Posted December 14th, 2016 in detention, human rights, immigration, internet, news by sally

‘Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago for having the websites of Bail for Immigration Detainees and Amnesty International blocked.’

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Free Movement, 13th December 2016

Source: www.freemovement.org.uk

Teenager who hacked TalkTalk website given rehabilitation order – The Guardian

Posted December 14th, 2016 in computer crime, confiscation, internet, news, rehabilitation, young offenders by sally

‘A 17-year-old who admitted hacking offences linked to the TalkTalk data breach has been given a 12-month youth rehabilitation order and had his smartphone and computer hard drive confiscated.’

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The Guardian, 13th December 2016

Source: www.guardian.co.uk

Caps off in court – a nasty surprise for copyright infringers – Technology Law Update

Posted December 14th, 2016 in costs, damages, intellectual property, news by sally

‘The Intellectual Property Enterprise Court, affectionately known as IPEC, is a popular choice for enforcement of intellectual property rights. It offers efficient, tailored procedures and a much more predictable costs regime than standard litigation. Costs awarded to a winning party are normally capped at £50,000 and are often well below this. But a recent decision shows that the costs cap can be disregarded when the rules encouraging early settlement are used. This could offer a major advantage to a claimant, and a nasty surprise for a defendant not willing to engage with settlement discussions.’

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Technology Law Update, 14th December 2016

Source: www.technology-law-blog.co.uk

ASA bans ad to remove pollution filters from diesel cars – The Guardian

Posted December 14th, 2016 in advertising, environmental protection, news, pollution, road traffic by sally

‘The rogue practice of removing vital pollution filters from the exhausts of diesel vehicles has suffered a blow with the Advertising Standards Agency for the first time banning an advert for the service.’

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The Guardian, 14th December 2016

Source: www.guardian.co.uk

Patients should be told about overcrowded hospitals before giving consent for treatment, say lawyers – Daily Telegraph

Posted December 14th, 2016 in consent, hospitals, medical treatment, news by sally

‘Patients should be told if NHS hospitals are likely to be overcrowded or understaffed before they grant consent for treatment, according to new legal advice.’

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Daily Telegraph, 13th December 2016

Source: www.telegraph.co.uk

London criminal check delays a ‘great concern’ as jobs lost – BBC News

Posted December 14th, 2016 in criminal records, delay, London, news, police, vetting by sally

‘The speed at which mandatory criminal checks are being completed by the Metropolitan Police is of “great concern”, a government department said.’

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BBC News, 14th December 2016

Source: www.bbc.co.uk

Tractor driver jailed over death of boy he hit while over the limit – The Guardian

Posted December 14th, 2016 in alcohol abuse, health & safety, news, sentencing by sally

‘A tractor driver who drank the estimated equivalent of 13 pints of beer the night before he ran over and killed an 11-year-old boy on a farm has been jailed for more than a year.’

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The Guardian, 13th December 2016

Source: www.guardian.co.uk

David Howarth: On Parliamentary Silence – UK Constitutional Law Association

Posted December 13th, 2016 in constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘One of the most striking aspects of the arguments of counsel in Miller, as Rachel Jones has pointed out, was how much the disagreement between the parties focussed on the meaning of silence. The government’s case boiled down to an assertion that silence on the issue of whether legislation was needed to invoke Article 50 of the Treaty of European Union in a succession of statutes – the European Communities Act 1972, the Referendum Act 1975, the European Union (Amendment) Act 2008, the European Union Act 2011 and the European Union Referendum Act 2015 – should be interpreted as parliament intending that the government was permitted to use the prerogative to invoke Article 50. For example, counsel for the government repeatedly argued that because some of these statutes, especially the 2008 and 2011 Acts, put restrictions on the exercise of the government’s foreign affairs prerogative power, it must follow that those statutes mean that other aspects of the prerogative must have been intended to have been left unfettered. Expressio unius exclusio alterius. On the other side, the applicants argued that parliament’s silence, especially in the 1972 Act, meant that it intended a specific pre-existing rule to apply, namely the rule that ministers could not use the prerogative, and in particular the foreign affairs prerogative, to change the law. They also argued that parliament’s subsequent silence in the other statutes confirmed that original choice.’

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UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

Hansard: Official transcript of speeches in Parliament – BBC News

Posted December 13th, 2016 in news, parliament by sally

‘The official edited transcript of what goes on in Parliament is published daily and details both the momentous occasions and the quieter moments in the Commons.’

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BBC News, 12th December 2016

Source: www.bbc.co.uk

Police let 15 rapists off with apology – Daily Telegraph

Posted December 13th, 2016 in cautions, community service, crime, news, rape by sally

‘Fifteen rapists have faced no further justice than being asked to say sorry thanks to a crime resolution strategy designated for “less serious crimes.”‘

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Daily Telegraph, 13th December 2016

Source: www.telegraph.co.uk

BSB welcomes Ministry of Justice review into youth justice – Bar Standards Board

Posted December 13th, 2016 in legal representation, news, reports, young offenders, youth courts by sally

‘The Bar Standards Board (BSB) welcomes the Ministry of Justice’s review into youth justice, led by Charlie Taylor.’

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Bar Standards Board, 12th December 2016

Source: www.barstandardsboard.org.uk

Bar Council on Brexit: UK lawyers could lose “vast amount of work” – Legal Futures

Posted December 13th, 2016 in barristers, brexit, EC law, legal profession, news, treaties by sally

‘A “vast amount” of complex and lucrative international commercial work could be lost by UK lawyers if they are denied access to the EU legal services market as a result of Brexit, the Bar Council has warned.’

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Legal Futures, 13th December 2016

Source: www.legalfutures.co.uk

FOI rules should apply regardless of who provides public services, says Denham – OUT-LAW.com

Posted December 13th, 2016 in freedom of information, news, speeches by sally

‘Businesses should be subject to freedom of information (FOI) laws in the UK where they carry out public services on behalf of public bodies, the information commissioner has said.’

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OUT-LAW.com, 12th December 2016

Source: www.out-law.com

Charity bequests shouldn’t have special status, Supreme Court hears – Law Society’s Gazette

Posted December 13th, 2016 in appeals, charities, news, Supreme Court, wills by sally

‘Charities should be treated no differently from any other beneficiary of a will when resolving disputes, seven Supreme Court judges heard today in a long running legal battle over a £468,000 bequest to animal charities. In Ilott v The Blue Cross and Others, the court is considing an appeal by three animal charities case against a Court of Appeal ruling setting aside a will on the grounds that it did not make reasonable provision for the testator’s daughter.’

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Law Society’s Gazette, 12th December 2016

Source: www.lawgazette.co.uk

Hackathon app “will help LGBT people report persecution safely” – Legal Futures

Posted December 13th, 2016 in computer programs, harassment, hate crime, homosexuality, internet, law firms, news, victims by sally

Lesbian, gay, bisexual or transgender (LGBT) people around the world will be able to report incidents of persecution to international lawyers stealthily through everyday social media, after a hackathon backed by some of the largest UK law firms devised an app.

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Legal Futures, 13th December 2016

Source: www.legalfutures.co.uk

FCA to review ‘close relationships’ in mortgage market – The Guardian

Posted December 13th, 2016 in conflict of laws, consumer protection, financial regulation, mortgages, news by sally

‘Britain’s financial watchdog has launched a review of the mortgage market that will probe the “inducements” routinely paid to brokers and other industry players, to see whether consumers are losing out as a result.’

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The Guardian, 12th December 2016

Source: www.guardian.co.uk