Three monkeys on the back of English fiscal devolution – UCL Constitution Unit

Posted October 6th, 2017 in devolution, news, taxation by tracey

‘The fiscal powers of English local authorities are extremely limited. In recent years there have been many proposals for significant fiscal devolution to take place, but little progress has been made on this agenda. In this post Mark Sandford argues that there are three fundamental reasons for this: the nature of the UK state, the complexity involved and equity considerations.’

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UCL Constitution Unit, 6th October 2017

Source: constitution-unit.com

Fining property manager £5k “completely disproportionate”: tribunal judge – Local Government Lawyer

Posted October 6th, 2017 in agency, compensation, fines, landlord & tenant, news, proportionality by tracey

‘A council’s imposition of a £5,000 fine on a property management business for failing to be a member of a redress scheme for three weeks was “unreasonable in the circumstances and completely disproportionate”, a tribunal judge has said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Cost of welfare litigation in Court of Protection “may have chilling effect”: report – Local Government Lawyer

Posted October 6th, 2017 in costs, Court of Protection, local government, news by tracey

‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’

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Local Government Lawyer, 5th October 2017

Source: localgovernmentlawyer.co.uk

Six-month warning – lawyers told they cannot ignore electronic bill of costs – Litigation Futures

Posted October 6th, 2017 in civil procedure rules, costs, electronic filing, news by tracey

‘Practitioners have been warned that they can no longer ignore the electronic bill of costs, which now seems certain to become mandatory in the Senior Courts Costs Office (SCCO) and county courts on 6 April 2018.’

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Litigation Futures, 6th October 2017

Source: www.litigationfutures.com

Hale backs public funding for early legal advice while outlining concern over LSB reform plan – Legal Futures

Posted October 6th, 2017 in legal aid, legal services, news by tracey

‘The new president of the Supreme Court yesterday joined what appears to be a growing clamour to reinstate public funding to provide early legal advice.’

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Legal Futures, 6th October 2017

Source: www.legalfutures.co.uk

Man convicted after showing child graphic Daesh beheading video – Crown Prosecution Service

Posted October 6th, 2017 in children, news, proscribed organisations, terrorism by tracey

‘A pharmacist from Leicester has today (5 October 2017) been convicted for showing graphic beheading videos to a young child as part of a plan to radicalise two young children.’

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Crown Prosecution Service, 5th October 2017

Source: www.cps.gov.uk

Finance and Divorce Update October 2017 – Family Law Week

Posted October 6th, 2017 in divorce, financial provision, news by tracey

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during September 2017.’

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Family Law Week, 5th October 2017

Source: www.familylawweek.co.uk

Battle crash driver Naomi Oxley jailed for killing mum-of-three – BBC News

Posted October 6th, 2017 in alcohol abuse, dangerous driving, guilty pleas, homicide, news, sentencing by tracey

‘A drunk driver who killed a mother-of-three has been jailed for four years. Debbie Masters, 37, was pushing her seven-month-old son in a pram in Battle, East Sussex, on 19 March when she was hit by Naomi Oxley’s car.’

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BBC News, 5th October 2017

Source: www.bbc.co.uk

Judge cleared of making inappropriate remarks in modern slavery case – The Guardian

Posted October 6th, 2017 in complaints, judges, news, travellers by tracey

‘A crown court judge has been cleared of making inappropriate comments about Travellers when sentencing 11 members of the same family for modern slavery offences.’

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The Guardian, 5th October 2017

Source: www.theguardian.com

Security guards found guilty of stealing £7m from their own van after staging fake robbery – The Independent

Posted October 6th, 2017 in news, robbery, security companies, theft by tracey

‘Two security guards have been found guilty of staging a fake robbery to steal £7m from their own cash-in-transit van.’

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The Independent, 5th October 2017

Source: www.independent.co.uk

Warning over fake lipstick after trading standards find level of lead could cause severe health problems – Daily Telegraph

Posted October 6th, 2017 in consumer protection, counterfeiting, news, poisoning by tracey

‘A warning has been issued over fake lipstick after a court heard that the level of lead in counterfeit products can cause severe health problems. Paul Lamerton sold fake lipsticks on eBay and Facebook with 300 times the legal level of lead, and magistrates in Plymouth, Devon, were told that if used regularly the cosmetic could result in high blood pressure, cardiac, reproductive and neurological problems.’

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Daily Telegraph, 5th October 2017

Source: www.telegraph.co.uk

Human trafficking trio guilty of running sex ring – BBC News

Posted October 6th, 2017 in news, prostitution, trafficking in human beings by tracey

‘Three people have been found guilty of running a prostitution network described as a “sexual conveyor belt” by a judge.’

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BBC News, 5th October 2017

Source: www.bbc.co.uk

Noel Conway: Terminally ill man loses High Court challenge against the law on assisted dying – The Independent

Posted October 6th, 2017 in assisted suicide, declarations of incompatibility, human rights, news by tracey

‘A man who is terminally ill with motor neurone disease has lost his High Court challenge to fight for his right to die.
The judgment does confirm, however, that the courts do have the authority to declare current inconsistency with human rights.’

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The Independent, 5th October 2017

Source: www.independent.co.uk

EVENT: Being Human Festival – Knowing our rights – do terrorists have human rights too?

Posted October 5th, 2017 in Forthcoming events by sally

‘It’s one of the trickiest legal and ethical questions of the modern age: should terrorists be denied their human rights in the interest of security? Should they simply be treated as rights-less? Come and hear an in-depth discussion of this vital contemporary matter, from a legal, philosophical and practical perspective.’

Date: 23rd November 2017, 7.00-9.00pm

Location: The Frontline Club, 13 Norfolk Place, London, Middlesex W2 1QJ

Charge: Free, RSVP

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2017 in legislation by Verity

The Fishing Vessels (Codes of Practice) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) (Amendment) Order 2017

The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017

The General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2017

Source: www.legislation.gov.uk

Sir Edward Heath ‘would have been questioned’ over abuse claims – BBC News

Posted October 5th, 2017 in child abuse, news, parliament, sexual offences by tracey

‘Sir Edward Heath would have been questioned over sex abuse claims if he was alive when they came to light, police have said. Wiltshire Police launched Operation Conifer in 2015 when the former PM was accused of historical child sex abuse. The Conservative politician would have been interviewed under caution over seven claims, including the alleged rape of an 11-year-old, they said. No inference of guilt should be drawn from this, police stressed.’

Summary closure report

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BBC News, 5th October 2017

Source: www.bbc.co.uk

Ecclesiastical court judgments – September – Law & Religion UK

Posted October 5th, 2017 in ecclesiastical law, judgments, news by tracey

‘Review of the ecclesiastical court judgments during September 2017.’

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Law & Religion UK, 2nd October 2017

Source: www.lawandreligionuk.com

Vulnerability, medical evidence & Now Medical – Nearly Legal

Posted October 5th, 2017 in expert witnesses, homelessness, local government, mental health, news by tracey

‘Thomas v Lambeth LBC, County Court at Central London, 16 March 2017. This is a s.204 appeal in the County Court of a vulnerability decision by Lambeth. Of particular interest is that the judgment concerns and indeed turns on Now Medical reports on the homeless applicant and the use made of them by LB Lambeth on s.184 decision and on s.202 review.’

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Nearly Legal, 3rd October 2017

Source: nearlylegal.co.uk

BAILII: Recent Decisions

Posted October 5th, 2017 in law reports by tracey

High Court (Administrative Court)

Newcastle United Football Club Ltd & Anor v HM Revenue & Customs & Anor [2017] EWHC 2402 (Admin) (04 October 2017)

High Court (Chancery Division)

Emerald Supplies Ltd & Ors v British Airways Plc [2017] EWHC 2420 (Ch) (04 October 2017)

High Court (Commercial Court)

Dell Emerging Markets (EMEA) Ltd & Anor v IB Maroc.Com SA (A Body Corporate) [2017] EWHC 2397 (Comm) (04 October 2017)

High Court (Queen’s Bench Division)

Miley v Friends Life Ltd [2017] EWHC 2415 (QB) (04 October 2017)

Source: www.bailii.org

Investigation begins after Jamaican detainee, 38, dies – The Guardian

Posted October 5th, 2017 in death in custody, detention, immigration, news by tracey

‘An investigation has been launched into the death of a 38-year-old immigration detainee after the Home office confirmed that a Jamaican man died on Tuesday while he was being held at Morton Hall immigration removal centre in Lincoln. It is the third such death in less than a month and human rights campaigners have expressed alarm at the incident. The prisons and probation ombudsman has begun an investigation.’

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The Guardian, 4th October 2017

Source: www.theguardian.com