Rape victim falsely accused of lying by police wins £20,000 payout – The Guardian

‘A rape victim falsely accused of lying by detectives has won £20,000 in damages after suing police under the Human Rights Act. The woman, who cannot be named, was 17 when a man raped her in Winchester in April 2012 after a night out with friends. Her mother reported the attack hours later and the victim told officers her T-shirt may contain her attacker’s DNA.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

Susan Workman murder: Killer’s family post ad to trace jury – BBC News

Posted May 22nd, 2015 in advertising, divorce, domestic violence, evidence, juries, media, murder, news by sally

‘The family of a man jailed for murdering his ex-wife have taken out a newspaper advert in an attempt to trace the jurors involved in his trial, prompting a police investigation.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

Driver jailed for disguising his car as ambulance while caring for sick wife – The Guardian

Posted May 22nd, 2015 in driving licences, news, sentencing, speed cameras by sally

‘A man has been jailed for dressing as a paramedic and disguising his Renault estate car as an emergency response vehicle, complete with flashing light, to run errands for his wife, a court has heard.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 21st, 2015 in law reports by sally

Court of Appeal (Criminal Division)

 
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Part 36 penalties in detailed costs assessments – Zenith PI Blog

Posted May 21st, 2015 in appeals, civil procedure rules, news, part 36 offers by sally

‘This matter was an appeal from a senior cost Judge refusing to award an additional amount under CPR 36.14(3) (d) on a detailed assessment of costs. The law with which this judgement is concerned is CPR 36 as it was prior to its amendment on the 6th April 2015.’
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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

Pianist James Rhodes can publish child abuse memoir – BBC News

‘A concert pianist has won a legal battle to publish an autobiographical book giving details of sexual abuse he experienced as a child.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

Court approves caesarean for mentally-ill woman – BBC News

Posted May 21st, 2015 in birth, consent, medical treatment, mental health, news by sally

‘Doctors can perform a caesarean section on a mentally-ill woman who is in the latter stages of pregnancy without her consent, a judge has ruled.’
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BBC News, 20th May 2015

Source: www.bbc.co.uk

Court of Appeal rules on vexatious and unreasonable information requests – Local Government Lawyer

‘The Court of Appeal has handed down a key ruling on the scope of a public authority’s power to reject a request for information as ‘vexatious’ or ‘manifestly unreasonable’.’

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Local Government Lawyer, 20th May 2015

Source: www.localgovernmentlawyer.co.uk

Hartley and others v King Edward VI College – WLR Daily

Hartley and others v King Edward VI College [2015] EWCA Civ 455; [2015] WLR (D) 216

‘Section 2 of the Apportionment Act 1870 applied to teachers’ contracts of employment, requiring that apportionment of pay be considered as accruing from day to day; but it was an error to construe the provision as though it also contained a principle of equal daily accrual.’

WLR Daily, 14th May 2015

Source: www.iclr.co.uk

Phone hacking: Paul Gascoigne wins damages from Mirror Group – BBC News

Posted May 21st, 2015 in appeals, damages, interception, media, news, privacy, telecommunications by sally

‘Former footballer Paul Gascoigne has won £188,250 in phone-hacking damages from Mirror Group Newspapers.’

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BBC News, 21st May 2015

Source: www.bbc.co.uk

In re Lehman Bros International (Europe) (in administration) (No 4) – WLR Daily

Posted May 21st, 2015 in appeals, banking, insolvency, law reports by sally

In re Lehman Bros International (Europe) (in administration) (No 4) [2015] EWCA Civ 485; [2015] WLR (D) 218

‘The Court of Appeal made rulings following determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’

WLR Daily, 14th May 2015

Source: www.iclr.co.uk

Takhar v Gracefield Developments Ltd – WLR Daily

Posted May 21st, 2015 in evidence, fraud, judgments, law reports, setting aside by sally

Takhar v Gracefield Developments Ltd [2015] EWHC 1276 (Ch); [2015] WLR (D) 206

‘A judgment could be set aside for fraud even if the new evidence could reasonably have been obtained for the original trial.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Polish Judicial Authorities v Celinski; Slovakian Judicial Authority v Cambal; Nida v Polish Judicial Authorities; Ciemiega v Polish Judicial Authorities; Regina (Inglot) v Secretary of State for the Home Department and another; Polish Judicial Authorities v Pawelec – WLR Daily

Posted May 21st, 2015 in appeals, extradition, human rights, law reports by sally

Polish Judicial Authorities v Celinski; Slovakian Judicial Authority v Cambal; Nida v Polish Judicial Authorities; Ciemiega v Polish Judicial Authorities; Regina (Inglot) v Secretary of State for the Home Department and another; Polish Judicial Authorities v Pawelec [2015] EWHC 1274 (Admin); [2015] WLR (D) 207

‘In extradition proceedings under Part I of the Extradition Act 2003 an appellate court, in answering the question whether a district judge had been wrong to decide that extradition was or was not proportionate with the requested person’s rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had to focus on whether the decision on proportionality itself was wrong.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Brantley and others v Constituency Boundaries Commission and others – WLR Daily

Posted May 21st, 2015 in boundaries, constitutional law, elections, law reports, Privy Council by sally

Brantley and others v Constituency Boundaries Commission and others [2015] UKPC 21; [2015] WLR (D) 209

‘A proclamation signed by the Governor General authorising alteration of the constituency boundaries in the territories of St Christopher and Nevis was made, under section 119 of the Constitution, when it was published in the Official Gazette; and it came into force, pursuant to section 50(6) of the Constitution, on the next dissolution of Parliament after it was made. Therefore, where the Governor General had dissolved Parliament with effect from 16 January 2015 and fixed the election date for 16 February 2015, and, by proclamation published in the Official Gazette on 20 January, authorised alteration of the constituency boundaries, the proclamation, having been made after the dissolution of Parliament, if valid only came into force on the dissolution of the Parliament elected in February 2015 and did not govern the 2015 election.’

WLR Daily, 11th May 2015

Source: www.iclr.co.uk

B v Secretary of State for the Home Department; Regina (B) v Special Immigration Appeals Commission – WLR Daily

Posted May 21st, 2015 in appeals, bail, deportation, detention, immigration, law reports by sally

B v Secretary of State for the Home Department; Regina (B) v Special Immigration Appeals Commission [2015] EWCA Civ 445; [2015] WLR (D) 210

‘Where a person’s detention by the Home Secretary, purportedly made pursuant to paragraph 2(2) of Schedule 3 to the Immigration Act 1971 as amended, pending deportation was unlawful, or where a person not currently in detention could not lawfully be detained under that provision, bail could not be granted pursuant to paragraphs 22 and 29 of Schedule 2 to the 1971 Act, as amended.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Supreme Court backs “broad equitable approach” to insurers’ liability in mesothelioma cases – Litigation Futures

Posted May 21st, 2015 in appeals, asbestos, compensation, insurance, news, Supreme Court by sally

‘Insurers liable to pay compensation to mesothelioma victims have rights to pro rata contributions from other insurers and/or employers covering some of the time of exposure, the Supreme Court has ruled.’
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Litigation Futures, 20th May 2015

Source: www.litigationfutures.co.uk

1,400 investigated in child sex abuse inquiry, including politicians – The Guardian

Posted May 21st, 2015 in child abuse, inquiries, news by sally

‘Police across the country are investigating more than 1,400 men – including 261 high-profile individuals – over allegations of child abuse in the past, a senior officer running the national operation has revealed.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

Fraudster ‘Fast Eddie’ ordered to pay £13.5m – Daily Telegraph

Posted May 21st, 2015 in compensation, confiscation, fines, fraud, news, proceeds of crime by sally

‘The self-styled ‘Lord’ Davenport’s fine is over criminal profits he made selling London mansion used for sex parties.’

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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

No duty of care to disclose to pregnant daughter father’s genetic disease – High Court – UK Human Rights Blog

‘In short, in 2007 the claimant’s father (‘F’) shot and killed the claimant’s mother. He was convicted of manslaughter on grounds of diminished responsibility and detained at a hospital run by the second defendant. In 2009 St George’s Hospital diagnosed him as suffering from Huntington’s disease.’

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UK Human Rights Blog, 20th May 2015

Source: www.ukhumanrightsblog.com

Credit Hire Simplified? – Zenith PI Blog

Posted May 21st, 2015 in appeals, consumer credit, damages, news, rent by sally

‘In cases where the hirer of a car on credit terms is not impecunious, we thought we knew where we stood after Dimond v Lovell [2001] 1AC 384. The Claimant was entitled to recover the ‘spot rate’ or, as the Court of Appeal in Pattni v First Leicester Buses Ltd [2012] RTR 17 insisted, ‘basic hire rate’ or BHR. In Burdis v Livsey [2003] QB 36, three possible ways of calculating the basic hire rate were considered and indeed that consideration was repeated by Aikens LJ in Pattni. Both the Court of Appeal in Burdis and the Court of Appeal in Pattni rejected the mode of calculation of applying a reasonable discount to the credit hire rate charged. That left two methods of calculation. The first, which was not favoured by the Court of Appeal in Burdis, was to break down the charge made by the credit hire company and remove the additional elements from the claim in respect of credit, claim handling and delivery &c. The Court of Appeal in Burdis thought that the cost of working all that out might well be disproportionate. The court in Pattni, however, considered that where the actual credit hire company which had hired the replacement car to the Claimant, disclosed the BHR for that type of car in that area at that time, that might well be the best mode of calculation.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com