Helena Kennedy: ‘Women’s struggles are not over’ – The Guardian

Posted October 18th, 2012 in barristers, domestic violence, legal profession, news, women by sally

“Baroness Helena Kennedy QC on the huge changes she has seen in the way the law treats women, and the ongoing battle to force the police to take domestic abuse seriously.”

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The Guardian, 17th October 2012

Source: www.guardian.co.uk

Jimmy Savile – the final cost – Halsbury’s Law Exchange

Posted October 18th, 2012 in child abuse, evidence, limitations, news by sally

“The Metropolitan police, which is coordinating a nationwide investigation into allegations of abuse against Jimmy Savile, has said that the claims against Savile date back to 1959 and could include more than 60 victims. In my view, this is likely to be a considerable underestimate, based upon the length of time Savile was active (roughly half a century) and the sheer number of children’s homes, hospitals, TV shows and other organisations connected with Savile, where he had access to children on an almost daily basis.”

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Halsbury’s Law Exchange, 16th October 2012

Source: www.halsburyslawexchange.co.uk

Housing Ombudsman consultation – NearlyLegal

Posted October 18th, 2012 in complaints, consultations, housing, news, ombudsmen by sally

“One of the less well-remarked upon changes in the Localism Act 2010 was a set of radical changes to the role of the Housing Ombudsman (the current incumbent being the lovely Mike Biles). In short, the HO takes over jurisdiction for local authority housing complaints; there is a filter mechanism before the HO can accept a complaint (it has to be referred by a Designated person: MP, Councillor, Tenants Panel). The former is to be welcomed – on one view, the HO now offers a far better, more modern, proactive service than the Local Government Ombudsman in our entrepreneurialised housing system; the latter is to be absolutely deprecated as being not just against the spirit of administrative justice but also as a mechanism for cost-saving in the face of proper redress of grievance/s. Whatever you think about ombudspersons – and a range of views are expressed – there is no doubt that they have consistently exposed various maladministrations across the housing sphere, and they don’t hold back; in addition, their purpose (unlike courts) is to make things better for future ‘customers’ so that there may well be an impact on service delivery from a single instance of maladministration (and not just in that organisation).”

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NearlyLegal, 17th October 2012

Source: www.nearlylegal.co.uk

Demolition and construction of sports pavilion does not require EIA screening opinion, says High Court judge – OUT-LAW.com

Posted October 18th, 2012 in environmental health, news, planning by sally

“The demolition of an existing sports pavilion and the construction of a new one is not an urban development project and does not require a screening opinion to determine if an Environmental Impact Assessment (EIA) is needed, a High Court judge has ruled.”

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OUT-LAW.com, 17th October 2012

Source: www.out-law.com

Jury fail to reach verdict in trial of man in Mark Duggan gun case – The Guardian

Posted October 18th, 2012 in evidence, firearms, news, police by sally

“A jury in the trial of the man accused of supplying a gun to Mark Duggan minutes before he was shot dead by police has been discharged after failing to reach a verdict.”

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The Guardian, 17th October 2012

Source: www.guardian.co.uk

One year after eviction, the saga of Dale Farm is far from over – The Guardian

Posted October 18th, 2012 in local government, news, repossession, travellers by sally

“Around 80 Traveller families were removed from site 12 months ago after a decade long battle, but many are still close by.”

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The Guardian, 17th October 2012

Source: www.guardian.co.uk

Shannon Matthews’ father bids to block case report – BBC News

Posted October 18th, 2012 in confidentiality, news, reports by sally

“The father of Shannon Matthews has asked the High Court to block the release of a report he believes will ‘seriously compromise’ her.”

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BBC News, 17th October 2012

Source: www.bbc.co.uk

Do lawyers scare you? – The Guardian

Posted October 18th, 2012 in complaints, legal ombudsman, news by sally

“Research shows that clients are reluctant to complain to lawyers when things go wrong and that the Legal Ombudsman needs to be clearer in its message.”

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The Guardian, 17th October 2012

Source: www.guardian.co.uk

Wearing Ugg boots while driving can cause accidents, judge warns – Daily Telegraph

Posted October 12th, 2012 in dangerous driving, fines, news by sally

“A judge has ruled a car head on smash caused when a woman’s Ugg boots became trapped under the brake pedal, was ‘entirely foreseeable.'”

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Daily Telegraph, 12th October 2012

Source: www.telegraph.co.uk

Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

R v Varma – WLR Daily

R v Varma [2012] UKSC 42; [2012] WLR (D) 270

“The Crown Court had the power and, in most cases, where the criteria in section 6 of the Proceeds of Crime Act 2002 were satisfied, the duty to make a confiscation order against a defendant following conviction for an offence in respect of which the defendant had received an absolute or a conditional discharge.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti – WLR Daily

Posted October 12th, 2012 in debts, EC law, freedom of movement, law reports by sally

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269

“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

Information stored in electronic recycle bins is held for purposes of FOI disclosure, says watchdog – OUT-LAW.com

“Public sector bodies will generally be required to disclose information even if it is stored in computer ‘recycle bins’, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 12th October 2012

Source: www.out-law.com

Out of his shadow: The long struggle of wives under English Law – Lord Wilson

Posted October 12th, 2012 in legal history, marriage, speeches, women by sally

Out of his shadow: The long struggle of wives under English Law (PDF)

The High Sheriff of Oxfordshire’s Annual Law Lecture, 9th October 2012

Source: www.supremecourt.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 12th, 2012 in legislation by sally

The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2012

The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012

The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012

The Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012

The Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 12th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Ward v Allies and Morrison Architects [2012] EWCA Civ 1287 (10 October 2012)

High Court (Queen’s Bench Division)

Jet2.com Ltd v S C Compania Nationala De Transporturi Aeriene Romane Tarom SA [2012] EWHC 2752 (QB) (11 October 2012)

A & Anor v Somerset County Council [2012] EWHC 2753 (QB) (11 October 2012)

High Court (Administrative Court)

Koumis v Secretary of State for Communities and Local Government [2012] EWHC 2686 (Admin) (05 October 2012)

Collins v Secretary of State for Communities and Local Government & Anor [2012] EWHC 2760 (Admin) (19 September 2012)

Wilkinson, R (On the Application Of) v HM Coroner for the Greater Manchester South District (Rev 1) [2012] EWHC 2755 (Admin) (11 October 2012)

Source: www.bailii.org

Scientists to get extra protection from libel – The Independent

Posted October 12th, 2012 in bills, defamation, freedom of expression, news, public interest by sally

“Scientists and academics are to be given extra protection from bullying corporations that use Britain’s libel laws to suppress legitimate criticism and debate, the Government has indicated.”

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The Independent, 12th October 2012

Source: www.independent.co.uk

Government to consult on temporary stop notices to prevent unauthorised traveller sites – OUT-LAW.com

Posted October 12th, 2012 in consultations, fines, local government, news, planning, travellers by sally

“Communities secretary Eric Pickles has set out the details of plans announced by him earlier this week to remove restrictions on the use of temporary stop notices, giving councils greater freedom to prevent unauthorised traveller sites being set up.”

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OUT-LAW.com, 11th October 2012

Source: www.out-law.com

Vet who killed driver wins landmark case to get unlawful killing verdict overturned – Daily Telegraph

Posted October 12th, 2012 in inquests, news, road traffic, unlawful killing by sally

“A trainee vet whose car fatally struck a tow truck driver by the side of a motorway has triumphed in a ground-breaking legal fight to overturn an inquest verdict that he was ‘unlawfully killed’.”

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Daily Telegraph, 11th October 2012

Source: www.telegraph.co.uk