Antisocial behaviour, policing and crime measures unveiled – Home Office

“The government has introduced new legislation to tackle antisocial behaviour, criminalise forced marriage and reform the police.”

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Home Office, 9th May 2013

Source: www.gov.uk/home-office

The existential crisis of set aside transactions under section 37 MCA 1973 – Family Law Week

Posted May 10th, 2013 in divorce, financial provision, news, setting aside by sally

“Byron James, barrister, 14 Grays Inn Square considers the questions arising in relation to transactions set aside by s.37 MCA 1973 orders.”

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Family Law Week, 9th May 2013

Source: www.familylawweek.co.uk

12 months supervision for all prisoners on release – Ministry of Justice

“Radical reforms to the way criminals are rehabilitated will mean every offender leaving prison must serve a minimum of 12 months under supervision in the community, Justice Secretary Chris Grayling announced today [9 May].”

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Ministry of Justice, 9th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Review into Riot Damages Act announced – Home Office

Posted May 10th, 2013 in compensation, consultations, legislation, news, violent disorder by sally

“The Riot Damages Act will be independently reviewed to ensure it protects the vulnerable and provides value for money, the government announced today.”

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Home Office, 9th May 2013

Source: www.gov.uk/home-office

Attorneys General support prosecutions of rape in conflicts – Attorney General’s Office

Posted May 10th, 2013 in attorney general, international relations, news, prosecutions, rape by sally

“The Attorneys General of Canada, Australia, the United States, New Zealand and England and Wales have resolved to work together more closely to fight sexual violence against women and children at yesterday’s annual Quintet meeting of Attorneys General in Auckland.”

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Attorney General’s Office, 9th May 2013

Source: www.gov.uk/ago

From Barretry, Maintenance and Champerty to Litigation Funding – Lord Neuberger, President of The Supreme Court

Posted May 10th, 2013 in barristers, civil justice, judges, legal aid, speeches by sally

From Barretry, Maintenance and Champerty to Litigation Funding (PDF)

Lord Neuberger, President of The Supreme Court

Harbour Litigation Funding First Annual Lecture, 8th May 2013

Source: www.supremecourt.gov.uk

Taking responsibility – New Law Journal

Posted May 10th, 2013 in families, guardianship, local government, news, supervision orders by sally

“Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.”

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New Law Journal, 10th May 2013

Source: www.newlawjournal.co.uk

Separate data protection law for employment relations recommended – OUT-LAW.com

Posted May 10th, 2013 in data protection, EC law, employment, news, reports by sally

“New laws should be drafted to set specific rules around data protection in employment relations, a new report has recommended.”

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OUT-LAW.com, 9th May 2013

Source: www.out-law.com

“Is the test for capacity to cohabit the same as the test for capacity to marry?” – UK Human Rights Blog

Posted May 10th, 2013 in appeals, cohabitation, learning difficulties, mental health, news by sally

“It may seem strange that the same individual, with learning difficulties, can be considered to have capacity to marry, but not the capacity to decide whether to live with the person they have espoused. What, in essence, is marriage, that puts it on such a different footing to informal cohabitation?”

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UK Human Rights Blog, 9th May 2013

Source: www.ukhumanrightsblog.com

Tarunabh Khaitan: Caste as Race—A Welcome First Step – UK Constitutional Law Group

Posted May 10th, 2013 in equality, news, race discrimination, religious discrimination by sally

“Caste is not something that exists only in the cities and villages in the Indian subcontinent. With the diaspora, caste has travelled around the world, the United Kingdom being no exception. Despite activist and academic demands, the then Labour government decided not to prohibit caste discrimination when it enacted the Equality Act 2010. Instead, section 9(5) of the Act permitted a Minister to amend the Act ‘so as to provide for caste to be an aspect of race’—a power that was never exercised. Section 97 of the recently enacted Enterprise and Regulatory Reform Act 2013 now requires the concerned Minister to amend the definition of ‘race’ in section 9(1) of the Equality Act to include ‘caste’. The new legislation also empowers the Minister to review the operation of the amended section 9(5) of the Equality Act and repeal it if necessary. The House of Lords would have preferred a more straightforward and permanent expansion of the definition of ‘race’ by Parliament directly, but compromised to persuade a cautious Commons.”

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UK Constitutional Law Group, 10th May 2013

Source: www.ukconstitutionallaw.org

Grieving drivers who kill loved ones could escape prosecution – Daily Telegraph

“Dangerous drivers who kill a loved one could for the first time avoid prosecution because of their emotional trauma, the country’s top prosecutor said today.”

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Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

‘It doesn’t add up’: Jimmy Savile’s victims condemn report by West Yorkshire Police – The Independent

Posted May 10th, 2013 in complaints, news, police, reports, sexual offences, victims by sally

“Report examined the history of Savile’s relationship with the force and concluded there is no evidence he was protected by police officers.”

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The Independent, 10th May 2013

Source: www.independent.co.uk

Legal aid cuts risks damaging civilised society, warns senor judge – Daily Telegraph

Posted May 10th, 2013 in barristers, civil justice, dispute resolution, judges, legal aid, news by sally

“Cuts to legal aid risk damaging the ‘essence of civilised society’ the country’s highest judge warned as he said everyone should have access to justice.”

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Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

Victim Support criticises code changes – BBC News

Posted May 10th, 2013 in codes of practice, consultations, news, victims by sally

“Up to 700,000 victims of crime could find it harder to get help because of plans to change the Code for Victims in England and Wales, Victim Support says.”

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BBC News, 10th May 2013

Source: www.bbc.co.uk

Ministers accused of dismantling probation service – The Guardian

Posted May 10th, 2013 in bills, news, probation, rehabilitation by sally

“Probation chiefs have accused the justice secretary, Chris Grayling, of dismantling the probation service as he confirmed that the public sector would be barred from bidding for the payment-by-results contracts to provide his radical rehabilitation plan for prisoners leaving jail.”

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The Guardian, 9th May 2013

Source: www.guardian.co.uk

TUPE Podcast – 11 KBW

Posted May 8th, 2013 in podcasts, transfer of undertakings by sally

Podcast

11 KBW, April 2013

Source: www.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 8th, 2013 in legislation by sally

The Energy Supply Company Administration Rules 2013

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2013

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013

The Electricity (Exemption from the Requirement for a Generation Licence) (Markinch) Order 2013

The Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013

The Adoption Agencies (Miscellaneous Amendments) Regulations 2013

Source: www.legislation.gov.uk

The dilemma of assisted suicide – CrimeLine

Posted May 8th, 2013 in assisted suicide, news by sally

“The controversy of mercy killing is unresolved. It is capable of being either an act of compassion or that of unconscionable self interest. The law recognises no difference between these motivations. Despite challenges from Diane Pretty and Debbie Purdy, mercy killing remains an offence in the UK. Assisting a person to commit suicide is an offence under the Suicide Act 1961. Killing a person not capable of committing suicide even at their request is murder or manslaughter. It is no defence to say that the best interests of the victim were served. While the DPP have been forced to publicise their policy upon which factors will be considered when a prosecution is contemplated that goes only to the public interest in any prosecution. The law recognises no offence or defence, full or partial, of mercy killing.”

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CrimeLine, 29th April 2013

Source: www.crimeline.info

Litter Enforcers let loose in Leeds – what rights to private contractors have to request personal details and issue fines? – Zenith Chambers

Posted May 8th, 2013 in data protection, fines, litter, news, public private partnerships by sally

“Private contractors are increasingly being used by local councils in an attempt to curb offences of littering. This has provoked an uproar amongst the press with reports of local residents being issued with ‘heavy handed fines’ for the most trivial offences, rather than receiving a warning and the opportunity to pick up their litter first.”

Full story (PDF)

Zenith Chambers, 3rd May 2013

Source: www.zenithchambers.co.uk

Burr v OM Property Management Ltd – WLR Daily

Posted May 8th, 2013 in appeals, landlord & tenant, law reports, service charges, time limits by sally

Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] WLR (D) 164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk