Courts step in to save vulnerable from cuts – The Independent

Posted November 14th, 2011 in budgets, community care, disabled persons, judicial review, local government, news by sally

“Two disabled men who faced losing their right to care won a landmark High Court case yesterday over cost cutting by their council. It was the latest in a series of rulings that threatens to disrupt the Government’s attempts to slash local authority spending.”

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The Independent, 12th November 2011

Source: www.independent.co.uk

Press regulation poses a real danger, says Patten – BBC News

Posted November 14th, 2011 in complaints, freedom of expression, media, news by sally

“Statutory regulation of the press would ‘pose a real danger,’ BBC Trust chairman Lord Patten has told the Society of Editors conference.”

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BBC News, 13th November 2011

Source: www.bbc.co.uk

PCC chairman Lord Hunt: the greater challenge is with bloggers – The Guardian

Posted November 14th, 2011 in complaints, freedom of expression, media, news by sally

“He quotes Wilkes and Thatcher, admits he doesn’t know much about how papers work, and reveals how he will run the PCC.”

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The Guardian, 13th November 2011

Source: www.guardian.co.uk

Torture inquiry: UN’s Juan Mendez calls for openness – BBC News

Posted November 14th, 2011 in detention, inquiries, intelligence services, news, torture by sally

“The inquiry into whether the UK was involved in alleged torture must be open or it would ‘only serve to cover up abuses,’ a UN expert has said.”

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BBC News, 13th November 2011

Source: www.bbc.co.uk

Judgment of the Supreme Court in Jones v Kernott [2011] UKSC 53 – Hardwicke Chambers

Posted November 14th, 2011 in cohabitation, mortgages, news by sally

“How should the court approach the determination of the beneficial interests in a property acquired in joint names by an unmarried couple? The Court of Appeal had held the decision of the House of Lords in Stack v Dowden did not allow the court to impute to the parties an intention that they would divide their beneficial interest in their property fairly. The Supreme Court revisited the decision in Stack v Dowden and disagreed with the Court of Appeal: If the presumption of joint beneficial ownership is rebutted, the court can, in the absence of finding any intention as to the shares, impute to the parties an intention that their beneficial interest would be divided in a manner that the court considers fair.”

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Hardwicke Chambers, 9th November 2011

Source: www.hardwicke.co.uk

Three-year-old becomes youngest trial witness – The Independent

Posted November 14th, 2011 in children, news, witnesses by sally

“A three-year-old boy was given a packet of crisps by a judge after making legal history by becoming what is believed to be the youngest child to give evidence in a British court case.”

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The Independent, 12th November 2011

Source: www.independent.co.uk

Stalking victims claim crime not taken seriously enough – The Guardian

Posted November 14th, 2011 in harassment, news, victims by sally

“Most victims of stalking who turn to the criminal justice system for protection say it is failing them, a survey reveals.”

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The Guardian, 13th November 2011

Source: www.guardian.co.uk

Muslims Against Crusades banned from midnight – BBC News

Posted November 10th, 2011 in demonstrations, Islam, news, proscribed organisations by sally

“Home Secretary Theresa May is banning Muslims Against Crusades, a group planning an anti-Armistice Day protest.”

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BBC News, 10th November 2011

Source: www.bbc.co.uk

Channel Islands VAT loophole to close from April – OUT-LAW.com

Posted November 10th, 2011 in news, tax avoidance, VAT by sally

“A tax loophole which allows retailers to avoid VAT charges by bringing low-value goods into the UK via the Channel Islands is to end from 1 April 2012, the Government has announced.”

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OUT-LAW.com, 10th November 2011

Source: www.out-law.com

Cohabitees’ property rights: still as clear as mud – The Guardian

Posted November 10th, 2011 in cohabitation, mortgages, news, precedent, Supreme Court by sally

“The Jones v Kernott judgment does little to resolve the grey area of ex-cohabitees’ entitlements to a share in their former home.”

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The Guardian, 10th November 2011

Source: www.guardian.co.uk

Public school gangster jailed for 30 years – The Independent

Posted November 10th, 2011 in drug abuse, murder, news, sentencing by sally

“A former public schoolboy who wanted to be a gangster was jailed for a minimum 30 years for murder today.”

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The Independent, 10th November 2011

Source: www.independent.co.uk

Wandsworth Prison murder: Killers jailed for life – BBC News

Posted November 10th, 2011 in murder, news, prisons, sentencing by sally

“Two men convicted of murdering a man outside a prison in south London have been jailed for life.”

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BBC News, 10th November 2011

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 10th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Drake & Anor v Fripp [2011] EWCA Civ 1282 (03 November 2011)

High Court (Queen’s Bench Division)

Pykett v Ebony Clement & Anor [2011] EWHC 2925 (QB) (09 November 2011)

High Court (Administrative Court)

VC & Ors, R (on the application of) v Newcastle City Council [2011] EWHC 2673 (Admin) (24 October 2011)

High Court (Chancery Division)

Forensic Telecommunications Services Ltd v West Yorkshire Police & Anor [2011] EWHC 2892 (Ch) (09 November 2011)

High Court (Family Division)

ML & Anor v RW & Anor [2011] EWHC 2455 (Fam) (29 July 2011)

AR v AR [2011] EWHC 2717 (Fam) (11 August 2011)

London Borough of Tower Hamlets v BB & Ors [2011] EWHC 2853 (Fam) (31 August 2011)

Source: www.bailii.org

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted November 10th, 2011 in landlord & tenant, law reports, leases, Supreme Court by sally

Mexfield Housing Co-operative Ltd v Berrisford [2011] UKSC 52; [2011] WLR (D) 322

“An agreement for a term of uncertain duration could not give rise to a tenancy in accordance with its terms but, pursuant to section 149(6) of the Law of Property Act 1925, it could take effect as a lease for 90 years, determinable on the death of the tenant.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Jones v Kernott – WLR Daily

Posted November 10th, 2011 in cohabitation, law reports, mortgages, Supreme Court by sally

Jones v Kernott [2011] UKSC 53; [2011] WLR (D) 321

“When a cohabiting couple bought a family home in their joint names and were both responsible for the mortgage, but without any express declaration as to their beneficial interests, the starting point was that equity followed the law so that the presumption was that they were joint tenants both in law and in equity. That presumption could be displaced by showing that the parties had a different common intention at the time when they acquired the home or that they later formed a common intention that their respective shares would change. Their common intention was to be deduced objectively from their conduct. If it was clear that the parties did not intend joint tenancy at the outset or had changed their original intention, but it was not possible to ascertain, whether by direct evidence or by inference, what their actual intention was as to the shares in which they owned the property, each was entitled to that share which the court considered fair, having regard to the whole course of the dealing between them in relation to the property.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action – WLR Daily

Posted November 10th, 2011 in appeals, costs, law reports, patents by sally

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action [2011] EWCA Civ 1288; [2011] WLR (D) 320

“The practice in the Patents Court whereby a patentee could discontinue his claim for infringement and consent to the revocation of his patent on terms that he paid the costs of the action up to the date of service of the original defence, with the alleged infringer paying the costs of the action thereafter to the date of discontinuance, was no longer to be followed. It was to be replaced by the general rule in CPR r 38.6 that, unless the court otherwise ordered, a claimant who discontinued was liable to pay the defendant’s costs.”

WLR Daily, 8th November 2011

Source: www.iclr.co.uk

Copple and others v Littlewoods plc and others – WLR Daily

Posted November 10th, 2011 in appeals, equal pay, law reports, pensions, sex discrimination by sally

Copple and others v Littlewoods plc and others [2011] EWCA Civ 1281; [2011] WLR (D) 319

“Where an employer’s pension scheme indirectly discriminated against part-timers on the ground of sex by denying them access to the scheme, a female part-time worker was not entitled to any remedy arising from her exclusion from the scheme if she would not in fact have chosen to join the scheme even if she had been eligible to do so.”

WLR Daily, 8th November 2011

Source: www.iclr.co.uk

Man faces libel allegations over Amazon book review – The Independent

Posted November 10th, 2011 in defamation, litigants in person, news by sally

“A father of three from the West Midlands is set to appear in the High Court tomorrow to defend himself against libel allegations over a book review he wrote on Amazon’s website last year.”

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The Independent, 9th November 2011

Source: www.independent.co.uk

Inmate Kevan Thakrar cleared over prison guards attack – BBC News

“A man serving life for three murders has been cleared over a prison attack in which he stabbed three guards.”

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BBC News, 9th November 2011

Source: www.bbc.co.uk

Legal education review under scrutiny 
as profession awaits first progress report – Legal Week

Posted November 10th, 2011 in legal education, news by sally

“A year after announcing the most comprehensive review of legal education in the UK in decades, the three largest regulators in England and Wales will meet today (10 November) to discuss their progress. The meeting will see the Solicitors Regulation Authority (SRA), the Bar Standards Board (BSB) and the Institute of Legal Executives Professional Standards (IPS) sit down with members of the committee put together after the root-and-branch review was announced in November 2010 to provide a progress report.”

Full story

Legal Week, 10th November 2011

Source: www.legalweek.com