EU court moves against ‘benefits tourism’ in landmark ruling – The Independent

Posted November 12th, 2014 in benefits, EC law, immigration, news, taxation by sally

‘The European Court of Justice has issued a historic ruling against Romanian woman living in Germany that could set a major precedent blocking so-called “benefits tourism” across the continent.’

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The Independent, 11th November 2014

Source: www.independent.co.uk

MPs’ calls to prisoners ‘taped’, says Chris Grayling – Daily Telegraph

Posted November 12th, 2014 in confidentiality, interception, news, prison officers, prisons, telecommunications by sally

‘Private conversations between MPs and prisoners from their constituencies may have been recorded and monitored in jails, Chris Grayling, the Justice Secretary has announced. The minister issued an apology to the House of Commons after disclosing that communications by at least 32 current MPs were thought to be involved.’

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Daily Telegraph, 11th November 2014

Source: www.telegraph.co.uk

Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian

‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’

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The Guardian, 11th November 2014

Source: www.guardian.co.uk

Shoplifter assault case PC dismissed from Met Police – Daily Telegraph

Posted November 12th, 2014 in assault, dismissal, news, police, sentencing, theft by sally

‘A Metropolitan Police officer who punched a suspected shoplifter before pinning her to the ground has been dismissed from the force.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

Harry Roberts: Police killer released from prison – BBC News

Posted November 12th, 2014 in gangs, murder, news, police, rehabilitation, sentencing by sally

‘Notorious police killer Harry Roberts has been released from prison. Roberts, now 78, was jailed for life for murdering three unarmed officers in Shepherd’s Bush, west London, in 1966.’

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BBC News, 12th November 2014

Source: www.bbc.co.uk

Banks fined record £2bn over foreign exchange rigging – The Guardian

Posted November 12th, 2014 in banking, financial regulation, fines, news by sally

‘Regulators on both sides of Atlantic impose fines totalling £2bn on HSBC, Royal Bank of Scotland, UBS, JP Morgan and Citigroup.’

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The Guardian, 12th November 2014

Source: www.guardian.co.uk

Connah Smith jailed for nurses murder bid – BBC News

‘A man found guilty of attempting to murder two trainee nurses who were stabbed, doused with petrol and almost set on fire has been jailed for life.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

Secretive terror trial to be re-run after jury is discharged – The Guardian

Posted November 11th, 2014 in juries, media, news, reporting restrictions, retrials, terrorism by sally

‘The highly secretive trial of a man accused of plotting a terrorist attack in London is to be re-run after an Old Bailey jury was discharged. Erol Incedal, 26, is expected to appear in court for a second time next year. He had pleaded not guilty to a charge, brought under the Terrorism Act 2006, that he intended to commit acts of terrorism or assist another to commit them between 1 February 2012 and 14 October last year.’

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The Guardian, 11th November 2014

Source: www.guardian.co.uk

Be wary of judicial slogans – Jonathan Sumption – UK Human Rights Blog

Posted November 11th, 2014 in human rights, judges, news, proportionality, speeches by sally

‘In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the principle of proportionality. The term was actually coined by Lord Bridge in Bugdaycay (1986), and was meant to apply where the rights engaged in a case were sufficiently fundamental, and stretched the traditional “Wednesbury” test to public authority decisions or actions which were not, on the face of it, irrational. (The citation given in the PDF of the speech incidentally is incorrect). The same way of thinking had been arrived at in the US courts a few years earlier, with their “hard look” doctrine, but to Lord Sumption there was something peculiarly English about the “crab-like” way in which our courts approached and eventually acknowledged this doctrine, hitherto alien to the judicial toolbox.’

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UK Human Rights Blog, 10th November 2014

Source: www.ukhumanrightsblog.com

FCA fines and bans senior Swinton management figures over sales culture failings – OUT-LAW.com

Posted November 11th, 2014 in company directors, financial regulation, fines, insurance, news by sally

‘The former chief executive, finance director and marketing director at a UK insurance provider have been served with fines by the Financial Conduct Authority (FCA) and banned from taking senior positions at other financial services companies in the future.’

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OUT-LAW.com, 10th November 2014

Source: www.out-law.com

Tribunal must give disputing parties chance to query legal approach neither party advocates, says High Court – OUT-LAW.com

Posted November 11th, 2014 in appeals, arbitration, charterparties, news, tribunals by sally

‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’

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OUT-LAW.com, 10th November 2014

Source: www.out-law.com

Street Tweet not so neat – Sports Law Bulletin from Blackstone Chambers

Posted November 11th, 2014 in disqualification, fines, freedom of expression, internet, news, sport by sally

‘Football managers and coaches are not infrequently subjected to disciplinary sanctions by football regulatory bodies for speaking out about referees and such like. It is comparatively rarer for players to be sanctioned for expressing themselves, although this has now happened twice to QPR and sometime England midfielder and avid tweeter Rio Ferdinand.’

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Sports Law Bulletin from Blackstone Chambers, 10th November 2014

Source: www.sportslawbulletin.org

Top QC calls for enquiry into expert witness misconduct – Litigation Futures

‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’

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Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

High Court denies Lord Chancellor relief from sanctions in legal aid dispute – Litigation Futures

Posted November 11th, 2014 in law firms, legal aid, lord chancellor, news, sanctions by sally

‘The High Court has denied the Lord Chancellor relief from sanctions in a case involving an attempt by the Legal Aid Agency (LAA) to reclaim £160,000 plus interest from a former law firm 16 years after the final payments were made.’

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Litigation Futures, 11th November 2014

Source: www.litigationfutures.com

Bar Conference: level the advocacy playing field – barristers – Law Society’s Gazette

Posted November 11th, 2014 in advocacy, barristers, competition, Crown Court, news, solicitor advocates by sally

‘The Criminal Bar Association will launch a campaign on Monday aimed at “levelling the playing field” between barristers and solicitor-advocates, who it alleges enjoy an unfair competitive advantage.’

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Law Society’s Gazette, 8th November 2014

Source: www.lawgazette.co.uk

Domestic Violence Prevention and Punishment – A Multi-faceted Approach – Family Law Week

Posted November 11th, 2014 in crime prevention, criminal justice, domestic violence, news by sally

‘Syvil Lloyd Morris, Director of Famil Law at Bastian Lloyd Morris Solicitor Advocates, considers the developing interrelationship between the criminal and family jurisdictions in relation to cases of domestic violence.’

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Family Law Week, 6th November 2014

Source: www.familylawweek.co.uk

Bloody Sunday investigation faces judicial review – BBC News

Posted November 11th, 2014 in demonstrations, homicide, inquiries, judicial review, murder, news, Northern Ireland, police by michael

‘The decision to scale back the police investigation into the deaths of marchers killed by soldiers in Londonderry in 1972 will be challenged in court by victims’ relatives.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

Footballer Ravel Morrison cleared of threatening to throw acid in his ex-girlfriend’s face – The Independent

Posted November 11th, 2014 in assault, bail, harassment, news, sport, threatening behaviour by michael

The former Manchester United footballer Ravel Morrison has been cleared of allegations he harassed his former girlfriend including threatening to kill her and throw acid in her face.

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The Independent, 10th November 2014

Source: www.independent.co.uk

Ex RAF officer sentenced to 13 years for child sex abuse – BBC News

Posted November 11th, 2014 in armed forces, news, sentencing, sexual offences by michael

‘A former RAF officer has been sentenced to 13 years in prison for committing 23 sex offences against boys at a German military base in the 1980s.’

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BBC News, 10th November 2014

Source: www.bbc.co.uk

New payday loan rules to cap fees, total cost and default charges – The Guardian

Posted November 11th, 2014 in consumer credit, consumer protection, fees, financial regulation, interest, news by michael

‘The UK’s financial watchdog is clamping down on payday loans, with new rules to ensure that borrowers are never forced to repay more than twice the sum of their original loan.’

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The Guardian, 11th November 2014

Source: www.guardian.co.uk