Woman fined £1,000 in court for cruelty to rabbit found starving and with overgrown teeth – The Independent

Posted July 9th, 2014 in animal cruelty, fines, news by sally

‘A woman whose neglected rabbit had to be put down after its teeth grew more than two inches out of its mouth has been ordered to pay more than £1,000.’

Full story

The Independent, 8th July 2014

Source: www.independent.co.uk

Could TV Licensing be given power to raid bank accounts? – Daily Telegraph

Posted July 9th, 2014 in BBC, debts, licensing, news by sally

‘HMRC chief Lin Homer indicates proposed powers to raid bank accounts of debtors could be extended to TV Licensing and DVLA, as MPs warn they violate Magna Carta.’

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Daily Telegraph, 8th July 2014

Source: www.telegraph.co.uk

Humberside Police officer pleads guilty to sex assaults – BBC News

‘A former police constable has pleaded guilty to four sexual assaults while serving as an officer in East Yorkshire.’

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BBC News, 8th July 2014

Source: www.bbc.co.uk

Rolf Harris, indecent images and the dangers of the dark net – Halsbury’s Law Exchange

‘News of concern over child abuse on the dark net came within a month of the children’s entertainer and artist Rolf Harris being convicted and sentenced for historic indecent assaults on more than one complainant. The full sentencing remarks are here. Other counts for making indecent images of children were separated and then not pursued. News reports are that paedophilic search terms were entered into his computer which suggests that the searches were done on open sources. It was also reported that Rolf Harris had notes on how to delete the internet history. Paedophilic activity is often cited as a reason to regulate the internet but caution needs to be exercised so as not to lose the essential freedoms that the web was designed to achieve.’

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Halsbury’s Law Exchange, 8th July 2014

Source: www.halsburyslawexchange.co.uk

Questions over choice of Butler-Sloss as head of child abuse allegations inquiry – The Guardian

Posted July 9th, 2014 in child abuse, conflict of interest, inquiries, judges, news, sexual offences by sally

‘The government faced questions on Tuesday over the appointment of a member of the House of Lords as the chair of a public inquiry into “serious failings by public bodies and important institutions” in their handling of allegations of child abuse.’

Full story

The Guardian, 8th July 2014

Source: www.guardian.co.uk

Bookkeeper jailed for stealing £2m to buy property empire – Daily Telegraph

Posted July 9th, 2014 in abuse of position of trust, accountants, fraud, news, sentencing by sally

‘Mirriam Clark is jailed after building up a property empire in England and Zambia and sending her children to private school with stolen money.’

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Daily Telegraph, 7th July 2014

Source: www.telegraph.co.uk

Southampton ‘highly organised’ eBay gang sentenced – BBC News

Posted July 9th, 2014 in handling stolen goods, internet, news, sentencing, theft by sally

‘A group of family members and friends have been jailed for their parts a “highly organised” criminal enterprise selling stolen goods on eBay.’

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BBC News, 8th July 2014

Source: www.bbc.co.uk

NSPCC wants covering up abuse to be criminal offence – BBC News

‘The man leading a review into how the Home Office handled historical allegations of child abuse has said people who cover up such crimes should be prosecuted.’

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BBC News, 9th July 2014

Source: www.bbc.co.uk

Mark Duggan case goes back to court – The Guardian

Posted July 9th, 2014 in appeals, coroners, firearms, inquests, juries, news by sally

‘The mother of Mark Duggan, whose fatal shooting by police in London sparked nationwide riots, is challenging an inquest verdict of lawful killing.’

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The Guardian, 9th July 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 7th, 2014 in legislation by sally

The Defence Reform Act 2014 (Commencement No. 1) Order 2014

The Intellectual Property Act 2014 (Commencement No.1) Order 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 3) Order 2014

Source: www.legislation.gov.uk

New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

Full story

Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted July 7th, 2014 in law reports by sally

Supreme Court

Whiston, R (on the application of) [2014] UKSC 39 (2 July 2014)

Henderson v Foxworth Investments Limited & Anor [2014] UKSC 41 (2 July 2014)

The Manchester Ship Canal Company Ltd & Anor v United Utilities Water Plc [2014] UKSC 40 (2 July 2014)

Court of Appeal (Civil Division)

Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 (04 July 2014)

Novoship (UK) Ltd & Ors v Nikitin & Ors [2014] EWCA Civ 908 (04 July 2014)

High Court (Queen’s Bench Division)

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd & Anor [2014] EWHC 2178 (QB) (04 July 2014)

High Court (Administrative Court)

Reilly (No. 2) & Anor, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2182 (Admin) (04 July 2014)

Rotary Yorkshire Ltd v Hague (HM’s Health & Safety Inspectors) [2014] EWHC 2126 (Admin) (04 July 2014)

High Court (Chancery Division)

Electrosteel Castings (UK) Ltd v Metalpol Ltd [2014] EWHC 2017 (Ch) (04 July 2014)

MF Global UK Ltd, Re Investment Bank Special Administration Regulations 2011 [2014] EWHC 2222 (Ch) (04 July 2014)

Blue Tropic Ltd & Anor v Chkhartishvili [2014] EWHC 2243 (Ch) (07 July 2014)

Setchim & Anor v Secretary of State for Foreign & Commonwealth Affairs & Ors [2014] EWHC 2218 (Ch) (04 July 2014)

High Court (Family Division)

T (Children) [2014] EWHC 2164 (Fam) (16 June 2014)

High Court (Commercial Court)

Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd [2014] EWHC 2197 (Comm) (04 July 2014)

Source: www.bailii.org

Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

Full story

Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

The UT Repays Again – NearlyLegal

Posted July 7th, 2014 in appeals, landlord & tenant, licensing, news, rent, repayment, tribunals, utilities by sally

The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

Full story

UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

Full story

Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

Mitchell-Game, Set and Match? – NearlyLegal

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

The issue of assisted suicide – are changes on the horizon? – Halsbury’s Law Exchange

‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’

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Halsbury’s Law Exchange, 7th July 2014

Source: www.halsburyslawexchange.co.uk

Marriage certificate could include mothers’ name – BBC News

Posted July 7th, 2014 in documents, equality, marriage, names, news by sally

‘Mothers’ names could be included on marriage certificates in England and Wales, under plans being considered by the Home Office.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

Westminster child abuse allegations: Government to set up ‘wide-ranging’ inquiry – The Independent

Posted July 7th, 2014 in child abuse, government departments, inquiries, news, police by sally

‘The Home Secretary Theresa May will this afternoon back down and announce that the Government is planning to set up a “wide-ranging” inquiry into historic sex abuse claims.’

Full story

The Independent, 7th July 2014

Source: www.independent.co.uk